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MICHAEL v. MARION COUNTY BD. OF EDUC.

Nos. 23113, 23320 and 23362.

482 S.E.2d 140 (1996)

198 W.Va. 523

Sandra MICHAEL, as Executrix of the Estate of Donald Kelly Michael, and Sandra Michael, Individually, Plaintiff Below, Appellant, v. The MARION COUNTY BOARD OF EDUCATION, Defendant Below, Appellee. Allen AYERSMAN, Petitioner, v. John PYLES, Florence Merow, and Elizabeth Martin, in their capacities as Commissioners constituting the County Commission of Monongalia County; and Joseph Bartolo, in his capacity as Sheriff of Monongalia County, Respondents. Shawn McKEMY, Plaintiff Below, Appellant, v. The CITY OF CHARLESTON, a municipal corporation; and the City of Charleston, a municipal corporation, d/b/a Metro-911, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 9, 1996.

Attorney(s) appearing for the Case

Brent E. Beveridge, Frances C. Whiteman, Fairmont, for Sandra Michael.

Stephen R. Brooks, Furbee, Amos, Webb & Critchfield, Fairmont, for the Marion County Board of Education.

James Zimarowski, Morgantown, John F. Wiley, Reeder, Shuman & Wiley, Morgantown, for Allen Ayersman.

Michael Kozakewich, Jr., Carolyn A. Wade, Steptoe & Johnson, Clarksburg, for John Pyles, Florence Merow, Elizabeth Martin, and Joseph Bartolo.

Arden J. Curry II, Susan Curry Brasselle, Pauley, Curry, Sturgeon & Vanderford, Charleston, for Shawn McKemy.

G. Kenneth Robertson, Shuman, Annand & Poe, Charleston, for the City of Charleston.

WORKMAN, Justice:

Each of these three cases presents the issue of whether the immunity from liability granted to political subdivisions by The Governmental Tort Claims and Insurance Reform Act ("Tort Claims Act"), West Virginia Code §§ 29-12A-1 to -18 (1992), includes immunity for "deliberate intent" actions1 brought against municipal and county governments pursuant to West Virginia Code § 23-4-2(c)(2) (1994).

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