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Larry and Pamela Pyles v. Mason County Fair, Inc., et al.,

Larry and Pamela Pyles v. Mason County Fair, Inc., et al.,

Case No. 
17-0300
County 
Mason
Court Term 
Fall 2017
Decision 
Certified Question Answered
Issue: 

Questions Certified by the Circuit Court of Mason County:
Question 1. If a political subdivision enters into a joint venture with a private entity to conduct an annual county fair on real property owned by the political subdivision, does the West Virginia Governmental Tort Claims and Insurance Reform Act provide the political subdivision with immunity from vicarious liability for injuries suffered by a non-trespassing entrant on the real property caused by the negligent acts of the private entity?
Answer: Yes.
Question 2. If a political subdivision enters into a joint venture with a private entity to conduct an annual county fair on real property owned by the political subdivision, does the political subdivision assume the same legal duty to non-trespassing entrants on the real property as that of the private entity?
Answer: No.
Question 3. Does the existence of a joint venture between a political subdivision and a private entity to conduct an annual county fair on real property owned by the political subdivision, void/abrogate any of the immunities provided by the West Virginia Governmental Tort Claims and Insurance Reform Act?
Answer: No.

Petitioner's Attorneys: 

Harvey D. Peyton

Thomas H. Peyton

Respondent's Attorneys: 

Wendy E. Greve

Drannon L. Adkins

 

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