13 West Virginia opinions name it 1 courts 1989–2024 2 in the last five years
The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Walker v. Meadowsgreen2 sentences2014Special Relationship Exception to the Public Duty Doctrine The final issue I wish to address involves the majority opinion’s terse treatment of the special relationship exception to the public duty doctrine.3 We have held that, under the public duty doctrine, “a local governmental entity’s liability for nondiscretionary . . . functions may not be predicated upon the breach of a general duty owed to the public as a whole.” Walker v. Meadows, 206 W. 2014Special Relationship Exception to the Public Duty Doctrine The final issue I wish to address involves the majority opinion’s terse treatment of the special relationship exception to the public duty doctrine. 5 We have held that, under the public duty doctrine, “a local governmental entity’s liability for nondiscretionary ... functions may not be predicated upon the breach of a general duty owed to the public as a whole.” Walker v. Meadows, 206 W.Va. 78, 83 , 521 S.E.2d 801, 806 (1999) (internal quotations and citation omitted). | 3 | 3 |
Randall v. Fairmont City Police Departmentgreen2 sentences1997Va. Code, 29-12A-5(a)(5) [1986] of the Governmental Tort Claims and Insurance Reform Act incorporates the special relationship exception because the Act is coextensive with the common law public duty doctrine, we were guided by “the general rule of construction in governmental tort legislation cases favoring liability, not immunity: unless the legislature has clearly provided for immunity under the circumstances, the general common-law goal of compensating injured parties for damages caused by negligent acts must prevail.” Randall, 186 W.Va. at 347 , 412 S.E.2d at 748 (citations omitted). 1997Va. Code, 29-12A-5(a)(5) [1986] of the Governmental Tort Claims and Insurance Reform Act incorporates the special relationship exception because the Act is coextensive with the common law public duty doctrine, we were guided by “the general rule of construction in governmental tort legislation cases favoring liability, not immunity: unless the legislature has clearly provided for immunity under the circumstances, the general common-law goal of compensating injured parties for damages caused by negligent acts must prevail.” Randall, 186 W.Va. at 347 , 412 S.E.2d at 748 (citations omitted). | 1 | 3 |
Holsten v. Masseygreen2 sentences2014Specifically, the majority opinion states that the record does not show that the Regional Jail “assert[ed] the public duty doctrine as a defense to liability, to which respondent could then properly invoke the special duty exception.” This erroneous limitation on the invocation of the special relationship exception was compounded by the majority opinion’s unsupported assertion that the special relationship exception is not “a stand-alone basis of liability.”5 Our prior cases have clearly held that the special relationship “exception gives rise to a cause of action in certain situations when th 2014Specifically, the majority opinion states that the record does not show that the Regional Jail “assert[ed] the public duty doctrine as a defense to liability, to which respondent could then properly invoke the special duty exception.” This erroneous limitation on the invocation of the special relationship exception was compounded by the majority opinion’s unsupported assertion that the special relationship exception is not “a stand-alone basis of liability.” 7 Our prior eases have clearly held that the special relationship “exception gives rise to a cause of action in certain situations when t | 1 | 2 |
Barbina v. Currygreen2 sentences2015Direct contact, “[a]s a general rule . . . contemplates actual contact between a government entity and an injured party.” Barbina v. Curry, 221 W.Va. 41, 49 , 650 S.E.2d 140, 148 (2007). 2015Direct contact, “[a]s a general rule . . . contemplates actual contact between a government entity and an injured party.” Barbina v. Curry, 221 W.Va. 41, 49 , 650 S.E.2d 140, 148 (2007). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wolfe v. City of Wheeling
green
2 sentences2018In syllabus point seven of Randall, this Court explained the special relationship principle as follows: “To establish that a special relationship exists between a local governmental entity and an individual, which is the basis for a special duty of care owed to such individual, the following elements must be shown: (1) an assumption by the local governmental entity, through promises or actions, of an affirmative duty to act on behalf of the party who was injured; (2) knowledge on the part of the local governmental entity’s agents that inaction could lead to harm; (3) some form of direct contac 2018In syllabus point seven of Randall, this Court explained the special relationship principle as follows: “To establish that a special relationship exists between a local governmental entity and an individual, which is the basis for a special duty of care owed to such individual, the following elements must be shown: (1) an assumption by the local governmental entity, through promises or actions, of an affirmative duty to act on behalf of the party who was injured; (2) knowledge on the part of the local governmental entity’s agents that inaction could lead to harm; (3) some form of direct contac | 4 | 2007–2018 |
Benson v. Kutsch
green
2 sentences2014Va. 1 , 380 S.E.2d 36 (1989), that “[i]f a special relationship exists between a local governmental entity and an individual which gives rise to a duty to such individual, and the duty is breached causing injuries, then a suit may be maintained against such entity.” The decision in J.H., discussed supra, illustrates the application of the special relationship exception. 2014This Court held in syllabus point 3 of Benson v. Kutsch, 181 W.Va. 1 , 380 S.E.2d 36 (1989), that “[i]f a special relationship exists between a local governmental entity and an individual which gives rise to a duty to such individual, and the duty is breached causing injuries, then a suit may be maintained against such entity.” The decision in J.H., discussed supra, illustrates the application of the special relationship exception. | 4 | 2007–2014 |
Parkulo v. West Virginia Board of Probation & Parole
green
2 sentences2007Summary Judgment for DHHR Mr. Barbina contends that DHHR had a duty to protect A.B. under the special relationship doctrine and that harm resulted from the breach of the duty imposed by the doctrine. 14 We disagree. 15 This Court set out the elements of the special relationship doctrine involving a state governmental entity in Syllabus point 12 of Parkulo v. West Virginia Board of Probation and Parole, 199 W.Va. 161 , 483 S.E.2d 507 (1996), as follows: The four requirements for the application of the “special relationship” exception to W. 2007Summary Judgment for DHHR Mr. Barbina contends that DHHR had a duty to protect A.B. under the special relationship doctrine and that harm resulted from the breach of the duty imposed by the doctrine. 14 We disagree. 15 This Court set out the elements of the special relationship doctrine involving a state governmental entity in Syllabus point 12 of Parkulo v. West Virginia Board of Probation and Parole, 199 W.Va. 161 , 483 S.E.2d 507 (1996), as follows: The four requirements for the application of the “special relationship” exception to W. | 2 | 2007–2014 |
Beckley v. Crabtree
green
2 sentences2024The parties do not address West Virginia Code § 29-12A-5(a)(5)’s codification of the public duty doctrine or the special relationship exception to that general rule. 22 The Beckley Court concluded that a county commission was not immune from a claim resulting from its sheriff negligently shooting a state trooper by discharging a shotgun while placing it in the trunk of a car after completing an arrest. 189 W. 2024Va. 94 , 428 S.E.2d 317 . | 1 | 2024–2024 |
Dreama Bowden, Administratrix v. Monroe County Commission
green
1 sentence2024Va. Code § 29 -12A-5(a)(5)); Bowden, 232 W. | 1 | 2024–2024 |
W. Va. State Police, Corporal R.D. Eshbaugh v. Victoria Hughes, Administratrix
green
1 sentence2022Va. at 412 , 796 S.E.2d at 199 , and the special relationship exception is incorporated into West Virginia Code § 29-12A-5(a)(5). | 1 | 2022–2022 |
Lorraine M. Upchurch v. McDowell County 911 and Jane Doe Dispatcher
neutral
2 sentences2018We examined the special relationship exception and ultimately found that the plaintiff had “failed to prove the existence of a special relationship between McDowell County 911 and [the plaintiff] such as would form the basis of a special duty of care to him.” Id. at 96 , 750 S.E.2d at 649 ; see also Miller v. Elkins-Randolph Cty. 2018We examined the special relationship exception and ultimately found that the plaintiff had “failed to prove the existence of a special relationship between McDowell County 911 and [the plaintiff] such as would form the basis of a special duty of care to him.” Id. at 96 , 750 S.E.2d at 649 ; see also Miller v. Elkins-Randolph Cty. | 1 | 2018–2018 |
Moats v. Preston County Commission
green
1 sentence2014Comm’n., 206 W. | 1 | 2014–2014 |
McCoy v. Cohen
green
2 sentences2007“A fundamental legal principle is that negligence to be actionable must be the proximate cause of the injury complained of[.]” Syl. pt. 2, McCoy v. Cohen, 149 W.Va. 197 , 140 S.E.2d 427 (1965). 2007“A fundamental legal principle is that negligence to be actionable must be the proximate cause of the injury complained of[.]” Syl. pt. 2, McCoy v. Cohen, 149 W.Va. 197 , 140 S.E.2d 427 (1965). | 1 | 2007–2007 |
O'DELL v. Town of Gauley Bridge
green
2 sentences1999Code § 29-12A-5(a)(9) dealing with loss or claims resulting from licensing powers is not subject to the special relationship exception); O’Dell v. Town of Gauley Bridge, 188 W.Va. 596 , 425 S.E.2d 551 (1992) (holding that the special relationship exception does not apply to W.Va.Code § 29-12A-5(a)(ll)). 1999Code § 29-12A-5(a)(9) dealing with loss or claims resulting from licensing powers is not subject to the special relationship exception); O’Dell v. Town of Gauley Bridge, 188 W.Va. 596 , 425 S.E.2d 551 (1992) (holding that the special relationship exception does not apply to W.Va.Code § 29-12A-5(a)(ll)). | 1 | 1999–1999 |
Cuffy v. City of New York
green
2 sentences1999The New York courts have extensively explored the special relationship exception and concluded as follows in Cuffy v. City of New York, 69 N.Y.2d 255 , 513 N.Y.S.2d 372 , 505 N.E.2d 937 (1987): Indeed, at the heart of most of these “special duty” cases is the unfairness that the courts have perceived in precluding recovery when a municipality’s voluntary undertaking has lulled the injured party into a false sense of security and has thereby induced him either to relax his own vigilance or to forego other available avenues of protection. 1999The New York courts have extensively explored the special relationship exception and concluded as follows in Cuffy v. City of New York, 69 N.Y.2d 255 , 513 N.Y.S.2d 372 , 505 N.E.2d 937 (1987): Indeed, at the heart of most of these “special duty” cases is the unfairness that the courts have perceived in precluding recovery when a municipality’s voluntary undertaking has lulled the injured party into a false sense of security and has thereby induced him either to relax his own vigilance or to forego other available avenues of protection. | 1 | 1999–1999 |
Leake v. Cain
green
1 sentence1989The court appears to have followed the special relationship rule discussed in Part II, infra: “Where a person should reasonably foresee that his act, or failure to act, will involve an unreasonable risk of harm to another, there is a duty to avoid such harm.” 720 P.2d at 160 . | 1 | 1989–1989 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.