Brown v. City of Wheeling

I disagree with the majority’s decision to affirm summary judgment granted in favor of the City. The City, when it saw an advantage to be gained, initially took the position that Mrs. Brown was not acting within the course of her employment at the time of her death, and thereby denied appellant the survivor benefits afforded by W. Va.Code § 8-22-9(a)(l) (1987) (1998 Repl.Vol.). Later, when the downside of this stance became apparent, and after Mrs. Brown’s estate and its lawyers had expended considerable time and resources in commencing the present action, the City chose to assert the…