Monongahela Power Co. v. Buzminsky (Signed Opinion)
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The Supreme Court affirmed the order of the circuit court denying Monongahela Power Company's (Mon Power) motion to dismiss on the basis of statutory immunity, holding that the circuit court did not err in determining that a private corporate entity or employer is not entitled to immunity under W. Va. Code 15-5-11(a).
Michael Buzminsky, an employee of HSC LLC, was electrocuted and injured when he was sent to perform repairs to the City of Ronceverte's wastewater treatment plant. Michael and Vickie Buzminsky (collectively, Plaintiffs) pled negligence against Mon Power, alleging that, despite its knowledge continued electrical issues, Mon Power left the plant energized. Citing the immunity extended to emergency services workers pursuant to W. Va. Code 15-5-11(a), Mon Power moved to dismiss the action for lack of subject matter jurisdiction, asserting that the circuit court lacked jurisdiction over it because it was statutorily immune. The circuit court denied the motion. The Supreme Court affirmed, holding (1) the immunity established for "duly qualified emergency services workers" pursuant to section 15-5-11(a) applies only to individual employees and does not extend to such employees' private employer or corporate entity; and (2) Mon Power does not derivate immunity vicariously through the immunity which its employees enjoy under the statute.
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