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FISK v. LEMONS

No. 24029.

497 S.E.2d 339 (1997)

201 W.Va. 362

Douglas D. FISK, Executor of the Estate of Robert L. Wade, Jr., Tammy Bowman and Brian Dodson Bowman, Plaintiffs, v. Russel Dean LEMONS, Janet Lynn Lemons, E.A. Tuckwiller, Jr., The Greenbrier County Commission, The Greenbrier County Sheriff's Department, and Nationwide Mutual Insurance Company, Defendants.

Supreme Court of Appeals of West Virginia.

Decided December 12, 1997.

Dissenting Opinion of Justice Davis December 15, 1997.

Attorney(s) appearing for the Case

R. Edison Hill, Hill, Peterson, Carper, Bee & Deitzler, and Nancy C. Hill, John K. McHugh, Carey, Hill & Scott, Charleston, for Plaintiffs.

J. Victor Flanagan, Scott D. Maddox, Pullin, Knopf, Fowler & Flanagan, Charleston, for the Greenbrier County Commission and the Greenbrier County Sheriff's Department.

WORKMAN, Chief Justice:

This case is before us upon certified questions from the Circuit Court of Greenbrier County to resolve whether the Greenbrier County Commission ("Commission") and the Greenbrier County Sheriff's Department ("Sheriff") are liable in connection with the commission of negligent acts by an inmate on work release. After considering the questions presented, we determine that The Governmental Tort Claims and Insurance Reform Act (the "Act"), West...

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