Jeffrey v. West Virginia Department of Public Safety, Division of Corrections

This is an appeal 1 by Bobby Jeffrey (hereinafter “the Appellant”) from a decision of the Circuit Court of Kanawha County dismissing his wrongful death action against the Division of Corrections (hereinafter “the Ap-pellee”). The lower court dismissed the action based upon preclusion by the public duty doctrine, and the Appellant contends that the action is not barred. We affirm in part, reverse in part, and remand for consideration of applicable insurance coverage.

I

In 1993, while incarcerated in Huttonsville, West Virginia, and working with the Hut-tonsville Correctional Center Work Detail…