McCormick v. Walmart Stores, Inc., 215 W. Va. 679

Summary

The Supreme Court of Appeals of West Virginia reviewed the dismissal of the Town of Lewisburg from a lawsuit alleging stormwater damage to the plaintiffs’ property associated with Walmart’s construction and the Town’s drainage systems. The court reversed and remanded, holding that the complaint stated a potentially actionable claim and that the Town’s permitting immunity did not necessarily bar claims based on negligent management and maintenance of its own property and drainage systems. A dissent would have affirmed the dismissal.

Holdings

1. The complaint stated a claim against the Town because West Virginia Code § 29-12A-4(c)(3) permits liability for property loss caused by a political subdivision's negligent failure to keep public grounds and aqueducts, including stormwater drainage systems, open, in repair, or free from nuisance.
2. An intervening parcel of property does not, by itself, immunize a property owner that originates or contributes to a nuisance or trespass from potential liability for resulting injuries to nonadjacent property.
3. West Virginia Code § 29-12A-5(a)(9) did not require dismissal because the complaint alleged injury caused by the Town's negligent management and maintenance of its own property and drainage systems, rather than merely by the Town's permitting or licensing decision.

Questions Presented

1. Whether the complaint stated a claim against the Town for injuries allegedly caused by stormwater originating from or passing through Town-owned property and drainage systems.
2. Whether an intervening parcel of property immunized the Town from potential nuisance or trespass liability for stormwater damage to nonadjacent property.
3. Whether the Town's licensing-function immunity under West Virginia Code § 29-12A-5(a)(9) required dismissal at the pleading stage.

Disposition

reversed_and_remanded