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JEFFREY v. W. VA. DEPT. OF PUBLIC SAFETY

No. 25052, 25173.

511 S.E.2d 152 (1998)

204 W.Va. 41

Bobby Z. JEFFREY, as Personal Representative of the Estate of Karen Jean Jeffrey, Plaintiff Below, Appellant, v. WEST VIRGINIA DEPARTMENT OF PUBLIC SAFETY, DIVISION OF CORRECTIONS; Donald Ervin, Individually and in His Official Capacity as Director of the Charleston Work Release Center; Debbie Cottrell, Individually and in Her Official Capacity as a Counselor at the Huttonsville Correctional Facility, Billy Joe Hottle and Craig S. Swick, Defendants Below, Appellees. Hoover Miller, Administrator and Personal Representative of the Estate of Leon F. Miller, Deceased, Plaintiff Below, Appellant, v. State of West Virginia, Division of Corrections, Nicholas J. Hun, Commissioner, Division of Corrections; Lary M. Garrett, Guardian Ad Litem of Craig S. Swick; and Timothy M. Sirk, Guardian Ad Litem of Billy Joe Hottle, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 11, 1998.

Attorney(s) appearing for the Case

Daniel R. James, F. Cody Pancake, III, Barr & James, Keyser, West Virginia, P. Rodney Jackson, Lonnie C. Simmons, Charleston, West Virginia, Attorneys for the Appellant (Case No. 25052).

Daniel C. Staggers, Staggers & Staggers, Martinsburg, John W. Cooper, Cooper & Preston, Parsons, West Virginia, for Appellant (Case No. 25173).

David P. Cleek, Dwayne J. Adkins, Shuman, Annand & Poe, Charleston, West Virginia, Attorneys for West Virginia Department of Public Safety, Division of Corrections, Donald Ervin and Debbie Cottrell.

Daniel C. Cooper, Steptoe & Johnson, Clarksburg, West Virginia, Attorney for State of West Virginia, Division of Corrections.

Timothy M. Sirk, Keyser, West Virginia, Guardian Ad Litem for Billy Joe Hottle.

Lary D. Garrett, Garrett & Garrett, Moorefield, West Virginia, Guardian Ad Litem for Craig S. Swick.

PER CURIAM:

These two cases involve essentially the same question, that is, whether the appellants, whose decedents were murdered as a result of the potential negligence of the appellees, may maintain actions against the appellees, in spite of the fact that the appellees were agents, officers, or employees of the State of West Virginia, and were acting in official capacities at the time of their potential negligence. The circuit courts concluded that the appellants...

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