Joseph E. Jackson/W. Va. Dept. of Trans. v. Joseph Wayne Belcher ( 2013 )

No. 12-0632 – Joseph E. Jackson and West Virginia Department of
FILED
Transportation, Division of Highways v. Joseph Wayne Belcher December 27, 2013
RORY L. PERRY II, CLERK
SUPREME COURT OF APPEALS
OF WEST VIRGINIA
Benjamin, Chief Justice, dissenting:
I agree with much of the analysis in Justice Loughry’s dissenting opinion. I
write separately to emphasize that the majority’s strained reliance on the four words, “or
any other law,” in W. Va. Code § 15-5-11(a), ignores completely the statutory framework
set forth by the Legislature. In its opinion, the majority of this Court effectively suggests
the bizarre scenario that the Legislature, in enacting W. Va. Code § 15-5-11(a), intended
to make a law that is devoid of purpose. I find such reasoning to be illogical and at odds
with common sense.
Specifically, if W. Va. Code § 15-5-11(a) did not exist, under this Court’s
jurisprudence, an individual could sue the State for an injury allegedly caused by the
State’s provision of emergency services where the recovery sought is confined to the
limits of the State’s liability insurance coverage. As a result of the majority’s construction
of W. Va. Code § 15-5-11(a), an individual can still sue the State for an injury allegedly
caused by the State’s provision of emergency services where the recovery sought is
confined to the limits of the State’s liability insurance coverage. Thus, according to the
majority, the Legislature took considerable time and effort to do something which, in
effect, results in no difference. Certainly, this odd result could not be what the
Legislature had in mind when it enacted this statute.
1
Because of the majority’s erroneous construction of W. Va. Code§ 15-5­
11(a), I dissent.
2