Justices affirm Mingo ruling in Hatfield parking lot fall case
CHARLESTON — The
The court affirmed that the board could not receive immunity under the West Virginia Governmental Tort Claims and Insurance Reform Act for the negligence claims related to the condition of the football stadium parking area.
The case revolves around an incident on
Hatfield filed a negligence action against the
During the legal proceedings, it was revealed that the parking area was a reclaimed mine site graded with drains and covered with "shot rock," resulting in dips and ruts, according to the decision.
The board claimed legislative immunity because their budget did not include funds for paving or installing lights in the parking area. It argued for immunity based on the natural conditions of unimproved property.
The circuit court denied the board's motions for summary judgment on
The court found that while the appropriation of money is a legislative function, how the money is spent is an administrative function, not warranting immunity.
The court determined that the parking area had been improved for use, with a drainage system installed among other enhancements, and was not in its natural condition. Therefore, the board was not entitled to immunity under the Tort Claims Act.
The
The
The board was represented by Duane J. Ruggier II and
"
"After two unwarranted appeals by the defendant, which were characterized by meritless arguments and deliberately delayed this matter for more than a year and a half, our Supreme Court has ruled decisively in favor of plaintiff
"The
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