Legal Opinion
J.H. v. West Virginia Division of Rehabilitation Services
West Virginia Supreme Court
Decided July 27, 2009No. 33918PublishedCited by 14 opinions
1Opinion of the Court
The Opinion was delivered
2Per curiam
The Appellant, J. H.,1 appeals an Order entered June 4, 2007, by the Circuit Court of Kanawha County concluding that the public duty doctrine was applicable to the Appellee, the West Virginia Division of Rehabilitation Services (also referred to as “the Division”) and dismissing the Appellant’s negligence action against the Division. Specifically, the circuit court determined that
the Public Duty Doctrine is applicable to the defendant, a State agency charged with the safety of its residents in general. The Court FINDS that Plaintiffs reading of the relevant duty…
3Cases cited28 opinions
- Pearson v. CallahanSupreme Court of the United States · 2009
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Hunter v. BryantSupreme Court of the United States · 1991
- Owen v. City of IndependenceSupreme Court of the United States · 1980
- Brandon v. HoltSupreme Court of the United States · 1985
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4Cited by14 opinions
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- Hess v. West Virginia Division of CorrectionsWest Virginia Supreme Court · 2010
- USF Insurance v. Orion Development Ra XXX, LLCDistrict Court, N.D. West Virginia · 2010
- Eagon v. Cabell County Emergency Medical ServicesDistrict Court, S.D. West Virginia · 2025
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