WOLFE v. CITY OF WHEELING

No. CC997.

387 S.E.2d 307 (1989)

Randolph L. WOLFE and Rose Marie Wolfe v. CITY OF WHEELING.

Supreme Court of Appeals of West Virginia.

November 20, 1989.


Attorney(s) appearing for the Case

David J. Sims, Robert A. Yahn, Wheeling, for Randolph L. Wolfe and Rose Marie Wolfe.

John E. Artimez, Wheeling, for City of Wheeling.


McHugh, Justice:

This case presents the issue of when does an actionable "special" duty exist for a municipality to respond in a reasonable manner to an emergency call for firefighting services. We set forth herein a general test for determining whether a local governmental entity owes a special, as opposed to a public, duty.

I

The plaintiffs, the Wolfes, are the owners of a dwelling located on Wade Avenue, about 200 yards, or about one block, outside...

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