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HAWKINS v. WV DEPT. OF PUBLIC SAFETY

No. 33876.

672 S.E.2d 389 (2008)

David HAWKINS and Kim Hawkins, and Tyler Hawkins, Ashley Hawkins and Chase Hawkins, Minors, by and through their next friend, David Hawkins, Plaintiffs Below, Appellants v. The WEST VIRGINIA DEPARTMENT OF PUBLIC SAFETY a/k/a the West Virginia State Police, the Commission on Drunk Driving Prevention, and J. Mattman Security, Inc., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided December 12, 2008.

Attorney(s) appearing for the Case

G. Thomas Smith, Esq., Smith, McMunn & Glover, Clarksburg, for Appellants.

Gary E. Pullin, Esq., Wendy E. Greve, Esq., Pullin, Fowler & Flanagan, Charleston, for Appellees.

PER CURIAM:1

In this appeal from the circuit court of Kanawha County, we are asked to consider whether the West Virginia State Police2 has immunity from negligence-based lawsuits by its uniformed members for injuries sustained in the course of and as a result of their employment. The circuit court below concluded that the State Police does have such immunity, and...

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