Albert v. City of Wheeling (Signed Opinion)
Annotate this CasePetitioner filed a complaint against the City of Wheeling, alleging that the City negligently failed to inspect, maintain, and operate its waterworks and fire hydrant system, resulting in the total loss of her home due to a fire. The City filed a motion to dismiss for failure to state a claim in which it asserted statutory immunity for fire protection services. The trial court granted the motion to dismiss based on its determination that both statutory and common law immunity barred the civil action. Petitioner appealed, arguing that her complaint was based solely on the City’s aqueduct system and not on the provision of fire protection services. The Supreme Court affirmed, holding that the trial court did not err in applying statutory immunity as a bar to further prosecution in Petitioner’s case.
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