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O'DELL v. TOWN OF GAULEY BRIDGE

Nos. 20741, 21112 and 21260.

425 S.E.2d 551 (1992)

188 W.Va. 596

Donna Sue O'DELL and Jack O'Dell, Her Husband, Plaintiffs Below, Appellants, v. TOWN OF GAULEY BRIDGE, a West Virginia Municipal Corporation; and Gauley Bridge Volunteer Fire Company, Inc., a Corporation, Defendants Below, Appellees. Leon FRANCE and Juanita France; and Shawn France, Who Sues By His Guardian and Next Friend, Juanita France, Plaintiffs Below, Appellants, v. The BOARD OF EDUCATION OF the COUNTY OF BRAXTON, Defendants and Third-Party Plaintiffs Below, Appellees, v. The VELOTTA COMPANY and Robert Velotta, Third-Party Defendants Below, Appellees. Thomas E. PRITCHARD and Sylvia Pritchard, Plaintiffs Below, Petitioners, v. The CITY OF LOGAN, a Municipal Corporation, Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 24, 1992.

Attorney(s) appearing for the Case

Edward G. Atkins, Charleston, and Arthur M. Recht, Martin P. Sheehan and Volk, Frankovitch, Anetakis, Recht, Robertson & Hellerstedt, Wheeling, for appellants.

Gary E. Pullin, Cleek, Pullin & Bibb, Charleston, for appellees Town of Gauley Bridge and Bd. of Educ.

David K. Schwirian, Charleston, for appellee Gauley Bridge Volunteer Fire Co., Inc.

Shawn P. George, George, Ferguson & Lorenson, Charleston, for appellees The Velotta Co. and Robert Velotta.

Allan M. Karlin, Morgantown and Jolyon McCamic, Wheeling, for amicus curiae W.Va. Trials Lawyers Ass'n.

John J. Polak, King, Betts & Allen, Charleston, for amicus curiae Ella Rosaline Shafer and Elmer R. Shafer.

Silas B. Taylor, Sr. Deputy Atty. Gen., Charleston, for amicus curiae Atty. Gen. of West Virginia.

Douglas Witten, Avis, Witten & Wandling, Logan, for petitioners.

John D. Hoffman, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Charleston, for respondent.

MILLER, Justice:

These three cases were consolidated for decision because they present similar issues with regard to provisions of the West Virginia "Governmental Tort Claims and Insurance Reform Act," W.Va.Code, 29-12A-1, et seq. Specifically, the plaintiffs below challenge rulings of the lower courts to the effect that W.Va.Code, 29-12A-5(a)(11), confers immunity from suit upon political subdivisions of the State...

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