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RANDALL v. FAIRMONT CITY POLICE DEPT.

No. 20089.

412 S.E.2d 737 (1991)

Ann RANDALL, Administratrix of the Estate of Sandra C. Johnson; Renna Denise Gibson, Individually; Nicole Rae Gibson, by Her Mother, Guardian, and Next Friend, Renna Denise Gibson; and Dennis C. Terry, Curator of Elizabeth Lee Johnson, Plaintiffs Below, Appellants, v. The FAIRMONT CITY POLICE DEPARTMENT; Eddie Devito, Chief of Police of the Fairmont City Police Department; and Patti McIntire, Dispatcher, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 12, 1991.

Attorney(s) appearing for the Case

Monty L. Preiser, Preiser Law Offices, Charleston, for appellants.

Harry P. Waddell and Gordon H. Copland, Steptoe & Johnson, Clarksburg, for appellees.

McHUGH, Justice:

In this appeal by the plaintiffs below from a final order of the Circuit Court of Marion County, West Virginia, dismissing the action for failure to state a claim upon which relief may be granted, the primary substantive issue is the constitutionality of the qualified tort immunity provisions of the West Virginia Governmental Tort Claims and Insurance Reform Act of 1986, W.Va.Code, 29-12A-1 to 29...

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