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WV Dept. of Transportation v. David King, Administrator

WV Dept. of Transportation v. David King, Administrator

Case No. 
Court Term 
Fall 2016
To Be Determined

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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