Posey v. City of Buckhannon (Signed Opinion)
Annotate this CaseSteven Posey was injured after falling at the City of Buckhannon's solid waste transfer station while unloading garbage bags and other material. Posey and his wife filed a complaint against the City, alleging negligence. The circuit court dismissed the complaint, concluding that the City was entitled to immunity from liability pursuant to the West Virginia Governmental Tort Claims and Insurance Reform Act. The Poseys appealed, contending that transfer stations, such as the one conducted by the City, were not included in the governmental immunity provisions of the Act. The Supreme Court affirmed the judgment of the circuit court, holding that a transfer station conducted directly by a political subdivision as a temporary collection site for solid waste to be transported to a dump or sanitary landfill constitutes a "facility" within the meaning of the immunity provisions of the Act.
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