Bobby Z. JEFFREY, as Personal Representative of the Estate of Karen Jean Jeffrey, Plaintiff Below, Appellant,
v.
WEST VIRGINIA DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CORRECTIONS; Donald Ervin, Individually and in his Official Capacity as Director of the Charleston Work Release Center; Debbie Cottrell, Individually and in her Official Capacity as Counselor at the Huttonsville Correctional Facility; Billy Joe Hottle and Craig S. Swick, Defendants Below, Appellees.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted September 17, 1996.
Decided December 20, 1996.
Rehearing Denied January 17, 1997.
Attorney(s) appearing for the Case
Daniel R. James, F. Cody Pancake, III, Barr & James, Keyser, P. Rodney Jackson, Lonnie C. Simmons, DiTrapano & Jackson, Charleston, for Appellant.
David P. Cleek, Lou Ann S. Cassell, McQueen, Harmon, Potter & Cleek, Charleston, for West Virginia Department of Public Safety, Division of Corrections, Donald Ervin, and Debbie Cottrell.
Supreme Court of Appeals of West Virginia.
PER CURIAM:
This is an appeal1 by Bobby Jeffrey (hereinafter "the Appellant") from a decision of the Circuit Court of Kanawha County dismissing his wrongful death action against the Division of Corrections (hereinafter "the Appellee"). The lower court dismissed the action based upon preclusion by the public duty doctrine, and the Appellant contends that the action is not barred. We affirm in...
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