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BROOKS v. CITY OF WEIRTON

No. 24445.

503 S.E.2d 814 (1998)

202 W.Va. 246

Glenda BROOKS, Administratrix of the Estate of William Richard Brooks, deceased, Plaintiff, v. The CITY OF WEIRTON, a West Virginia municipal corporation; The City of Weirton Sanitary Board; The City of Weirton Building Agency; The City of Weirton Public Works Department; Weirton Area Ambulance & Rescue Squad, Inc., Charles Isinghood, dba Charles Isinghood Excavating; Cary McCartney; and Shelley McCartney, Defendants.

Supreme Court of Appeals of West Virginia.

Decided May 19, 1998.

Attorney(s) appearing for the Case

Karen E. Kahle, Ancil G. Ramey, Steptoe & Johnson, Charleston, for Weirton Sanitary Board.

Richard D. Klaber, S. Jane Anderson, Dickie, McCamey & Chilcote, Wheeling, for City of Weirton Public Works Dept.

Ronald B. Johnson, Weirton, for Cary McCartney and Shelley McCartney.

Frank Cuomo, Cuomo & Cuomo, Wellsburg, for Respondent.

William E. Galloway, Weirton, for Charles Isinghood, dba Charles Isinghood Excavating.

STARCHER, Justice:

This case arises from the death of William Richard Brooks, who was killed when the walls of a trench in which he was working collapsed.1 Mr. Brooks' widow filed a wrongful death suit in the Circuit Court of Hancock County, naming several parties as defendants, including the City of Weirton and three of its agencies and boards.

Because the City is a political subdivision of the State of West Virginia, the "Governmental...

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