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· 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 CourtListener

Sourced 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.