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LEPON v. TIANO

No. 18675.

381 S.E.2d 384 (1989)

Mary I. LEPON v. Mary Wash TIANO, et al., and the City of Clarksburg.

Supreme Court of Appeals of West Virginia.

June 16, 1989.

Attorney(s) appearing for the Case

Thomas A. Bedell, Clarksburg, for Lepon.

James M. Wilson, Steptoe & Johnson, Clarksburg, for Tianos.

Boyd L. Warner, Waters, Warner & Harris, Clarksburg, for City of Clarksburg.

PER CURIAM:

In this appeal, we are asked to review the continued viability of O'Neil v. City of Parkersburg, 160 W.Va. 694, 237 S.E.2d 504 (1977), where we held unconstitutional the provision in W.Va.Code, 8-12-20 (1969), which required notice of claims to municipalities within thirty days after the cause of action accrued when negligence by the municipality is alleged. In 1976, this section was amended to provide for a notice...

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