Joseph E. Jackson/W. Va. Dept. of Trans. v. Joseph Wayne Belcher

DAVIS, Justice:

The petitioners herein and defendants below, Joseph E. Jackson (hereinafter “Mr. Jackson”) and the West Virginia Department of Transportation, Division of Highways (hereinafter “DOH”), appeal from two orders entered by the Circuit Court of Mingo County. By its first order, entered March 7, 2012, the circuit court denied the motion for summary judgment filed by Mr. Jackson and the DOH, concluding that the language of W. Va.Code § 15-5-ll(a) (2006) (Repl.Vol.2009)1 contemplates exceptions to the immunity that the statute provides to emergency service workers. In its second order,…