Joseph E. Jackson/W. Va. Dept. of Trans. v. Joseph Wayne Belcher

I believe that the majority’s opinion makes an overreaching determination that this Court’s decision in Pittsburgh Elevator Co. v. West Virginia Board of Regents, 172 W.Va. 743, 310 S.E.2d 675 (1983), serves to obliterate the immunity clearly granted under West Virginia Code § 15-5-ll(a). In my view, the majority opinion’s construction of the statute violates the most fundamental tenets of statutory construction, fails to make critical distinctions between the various types of immunities, and fails to account for a variety of eases describing the interplay between immunity and insurance…