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BOGGS v. BD. OF ED. OF CLAY COUNTY

No. 13824.

244 S.E.2d 799 (1978)

Frances Alice BOGGS, an infant, etc., et al. v. The BOARD OF EDUCATION OF CLAY COUNTY, West Virginia, et al.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion May 16, 1978.

Attorney(s) appearing for the Case

DiTrapano, Mitchell, Lawson & Field, Robert W. Lawson, III, Charleston, for appellants.

Wayne King, Clay, for appellees.

NEELY, Justice:

This appeal requires us to reexamine the doctrine of governmental immunity as it relates to county commissions and county boards of education. The case arises from an accident in which an infant child fell from a footbridge while traveling to school in Clay County. The infant, Frances Alice Boggs, and her father, Dennis S. Boggs, as next friend, filed suit in the Circuit Court of Clay County against the County Court of Clay County

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