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J.H. v. DIV. OF REHABILITATION SERVICES

No. 33918.

680 S.E.2d 392 (2009)

J.H., Plaintiff Below, Appellant, v. WEST VIRGINIA DIVISION OF REHABILITATION SERVICES, a State Agency, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 23, 2009.

Concurring Opinion of Justice Benjamin July 27, 2009.

Attorney(s) appearing for the Case

Mark D. Moreland, Esq., Charleston, WV, for Appellant.

Ancil G. Ramey, Esq., Hannah B. Curry, Esq., Jan L. Fox, Esq., Steptoe & Johnson, Charleston, WV, for Appellee.

The Opinion was delivered PER CURIAM.

The Appellant, J. H.,1 appeals an Order entered June 4, 2007, by the Circuit Court of Kanawha County concluding that the public duty doctrine was applicable to the Appellee, the West Virginia Division of Rehabilitation Services (also referred to as "the Division") and dismissing the Appellant's negligence action against the Division. Specifically, the circuit court determined that

the Public...

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