Benson v. Kutsch

MILLER, Justice:

Dallas Benson and Rebecca M. Benson, his wife, the plaintiffs below, appeal the dismissal of their case upon a motion for summary judgment. The Circuit Court of Ohio County concluded that they had failed to assert a valid cause of action against the City of Wheeling. The plaintiffs argued that the City is liable for damages allegedly resulting from its failure to inspect the apartment occupied by the plaintiffs for compliance with the city building code. We disagree, and we affirm the judgment of the circuit court.

The plaintiffs lived in an apartment building in Wheeling. On…