Michael v. Marion County Board of Education

WORKMAN, Justice:

Each of these three cases presents the issue of whether the immunity from liability granted to political subdivisions by The Governmental Tort Claims and Insurance Reform Act (“Tort Claims Act”), West Virginia Code §§ 29-12A-1 to -18 (1992), includes immunity for “deliberate intent” actions 1 brought against municipal and county governments pursuant to West Virginia Code § 23-4-2(c)(2) (1994). 2 After reviewing the pertinent statutory provisions in conjunction with relevant ease law, we 3 determine that West Virginia Code § 29-12A-5(a)(ll) extends governmental immunity to…