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WV Dept. of Transportation v. David King, Administrator

WV Dept. of Transportation v. David King, Administrator

Case No. 
15-0711
County 
Cabell
Court Term 
Fall 2016
Decision 
To Be Determined
Issue: 

Respondent’s mother was killed in an automobile accident with a licensed driver who had been diagnosed with epilepsy and had a history of seizures. Respondent sued Petitioner DMV because Petitioner DMV failed to refer the driver’s medical file to its Medical Advisory Board. Petitioner DMV appeals the denial of its motion for summary judgment in which it argued that referral to the Medical Advisory Board was a discretionary duty, and thus, it was entitled to qualified immunity.

Petitioner's Attorneys: 

Patrick Morrisey

Mary M. Downey

Respondent's Attorneys: 

Gail Henderson-Staples, Esq.

Dwight J. Staples, Esq.

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