Lorraine M. Upchurch v. McDowell County 911 and Jane Doe Dispatcher

The petitioner herein and plaintiff below, Lorraine M. Upchurch (“Ms. Upchurch”), Administratrix of the Estate of Joe Edward Mallory (“Mr. Mallory”), appeals from orders entered June 6, 2012, and June 12, 2012, by the Circuit Court of Kanawha County. By the June 6, 2012, order, the circuit court found that the respondents herein and defendants below, McDowell County 911 and Jane Doe Dispatcher 1 (collectively “McDowell County 911”), were entitled to summary judgment because Ms. Upchurch had failed to prove that they owed a special duty to her decedent, Mr. Mallory. Thereafter, by order…