PEAK v. RATLIFF

No. 19905.

408 S.E.2d 300 (1991)

Wilma J. PEAK and David C. Peak, Her Husband, Plaintiffs Below, Appellants, v. Jerold E. RATLIFF, Individually, and the West Virginia Department of Public Safety, etc., and David Brian Akers, Jointly and Severally, Defendants Below, Jerold E. Ratliff, Individually, and the West Virginia Department of Public Safety, etc., Appellees, David Brian Akers, Appellant.

Supreme Court of Appeals of West Virginia.

Decided July 16, 1991.


Attorney(s) appearing for the Case

Anthony R. Veneri, Randall L. Veneri, Princeton, for appellants Wilma J. Peak and David C. Peak.

Thomas L. Berry, Princeton, for appellant David Brian Akers.

Steven P. McGowan, Susan C. Osenton, Steptoe & Johnson, Charleston, for appellees.

Marvin W. Masters, Masters & Taylor, L.C., Charleston, for amicus curiae West Va. Troopers' Ass'n.


MILLER, Chief Justice:

This case presents an issue of first impression in this jurisdiction—whether a police officer may be held liable for injuries sustained by an innocent third party when, in the course of a police pursuit, a law violator's motor vehicle collides with an automobile driven by the third party. By order dated September 20, 1990, the Circuit Court of Mercer County set aside a jury verdict in favor...

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