Willis v. Skaff

NEELY, Justice:

Stephen R. Willis brought suit against Major General Joseph Skaff, the Adjutant General of the State of West Virginia and head of the West Virginia National Guard, and against the West Virginia National Guard in the Circuit Court of Kanawha County for injuries that he received when he was struck by a National Guard vehicle. The circuit court granted the defendants’ motion to dismiss, finding that the court lacked subject matter jurisdiction and that the suit must be heard in federal court because the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. (1988), preempts any state…