Billie Jo Crigler v. Darrell R. Bailey

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of Billie Jo Crigler's motion for summary judgment in a negligence action arising from an automobile accident. The court held that a bona fide dispute existed regarding whether Crigler, a volunteer firefighter, was responding to an emergency dispatch and acting within the scope of her employment for purposes of statutory immunity under West Virginia Code § 29-12A-5(b). The court also declined to resolve credibility disputes or a pending sanctions motion at the summary judgment stage.

Holdings

1. A circuit court's denial of summary judgment predicated on qualified or statutory immunity is an interlocutory ruling immediately appealable under the collateral-order doctrine.
2. Summary judgment denying Crigler statutory immunity was proper because a bona fide dispute existed concerning foundational facts bearing on whether she was acting within the scope of her volunteer employment when the collision occurred.
3. The circuit court properly declined to resolve the credibility of Crigler's former husband on summary judgment.
4. The circuit court did not err by deferring Crigler's sanctions motion because there was no final order on that issue before the Supreme Court and the disputed evidence did not resolve the factual questions preventing summary judgment.

Questions Presented

1. Whether the denial of Crigler's motion for summary judgment based on statutory immunity was immediately appealable.
2. Whether summary judgment was proper when factual disputes existed concerning whether Crigler was acting within the scope of her volunteer employment at the time of the accident.
3. Whether the circuit court erred by declining to rule on Crigler's sanctions motion before resolving the immunity issue.

Disposition

affirmed