Doe v. Logan County Board of Education

The Supreme Court reversed the portion of a circuit court order dismissing two counts in Jane Doe's complaint that asserted the Logan County Board of Education and its employees were negligent but affirmed the dismissal of Jane Doe's fiduciary duty claim against the Board, holding that instead of wholly dismissing Doe's negligence claims with prejudice, the circuit court should have first allowed a different option.In dismissing Doe's negligence claims the circuit court concluded that Doe had failed to plead sufficient facts in her complaint to state a claim for relief. The Supreme Court held (1) the negligence claims contained some factual allegations to support aspects of the alleged negligence, and therefore, the circuit court's dismissal, with prejudice, of the negligence claims was in error; and (2) the circuit court properly dismissed Doe's fiduciary duty claim because Doe did not satisfy the requirements of the Tort Claims Act, W. Va. Code 29-12A-1 to -18. View "Doe v. Logan County Board of Education" on Justia Law