· 5/27/1994
Stamper Ex Rel. Stamper v. Kanawha County Board of Education
Citations
- 445 S.E.2d 238
- 191 W. Va. 297
- 1994 W. Va. LEXIS 83
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that recreational use statute fashioned after the Model Statute was intended to benefit private landowners
- concluding that state legislation fashioned after model act was intended to benefit private landowners despite legislature’s slight modification to specify that owner “ ‘shall include, but not be limited to, tenant, lessee, occupant ór person in control of the premises’ ”
- reasoning that because state and local governments possessed sovereign immunity, “it is difficult to conceive that the legislature intended to extend additional land use immunity to these bodies”
- characterizing section 29-12A-6 as \a procedural statute dealing primarily with statutes of limitations. It does not contain substantive limitations.\
- characterizing section 29-12A-6 as A a procedural statute dealing primarily with statutes of limitations. It does not contain substantive limitations. @
- “Specifically, W. Va. Code, 29-12A-4(c)(3) and (4) (1986), permit liability claims to be filed against a political subdivision for injuries or death arising from the negligent failure to maintain its property.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Miller
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.