Summary
The Supreme Court of Appeals of West Virginia affirmed summary judgment for the Fayette County Board of Education in a slip-and-fall case involving snow and ice in a school parking lot. The court held that the claim was subject to political-subdivision immunity under West Virginia Code § 29-12A-5(a)(6) because the snow and ice resulted from weather conditions rather than an affirmative negligent act by the Board. The court also rejected the petitioner’s arguments that summary judgment was premature and that a special-relationship exception applied.
Topics
Practice areas
Questions Presented
- Whether the Board's motion for summary judgment was ripe when the discovery deadline had passed and Clark had not initiated discovery.
- Whether genuine issues of material fact existed concerning an affirmative negligent act by the Board that would remove the snow-and-ice condition from statutory immunity under West Virginia Code § 29-12A-5(a)(6).
- Whether Clark could invoke a special-relationship exception to the Board's immunity.
Holdings
- The summary judgment motion was ripe because the discovery deadline had passed, Clark had adequate time to conduct discovery but initiated none, and she submitted no affidavit justifying additional discovery.
- The Board was immune from liability because the snow and ice resulted from weather conditions and was not affirmatively caused or placed on the parking lot by a negligent act of the Board.
- Clark could not invoke the special-relationship exception because that exception concerns the public-duty doctrine and claims involving failure to enforce a regulatory or penal statute, whereas her claim concerned maintenance of a parking lot free from snow and ice.
Key quotations
“A circuit court’s entry of summary judgment is reviewed de novo” (at 2)
“summary judgment was not precipitously granted.” (at 3)
“the Board was entitled to immunity pursuant to West Virginia Code § 29-12A-5(a)(6).” (at 4)
Factual background
On January 3, 2013, Joy Ann Clark went to Divide Elementary School as a 4-H leader and parent and fell on snow and ice in the school parking lot. She alleged that the Board negligently failed to plow or salt the lot and claimed serious knee injury and related damages. The record showed that the snow and ice resulted from weather conditions and was not affirmatively placed on the parking lot by the Board. Clark conducted no written discovery or depositions despite having adequate time before the discovery deadline.
Procedural history
Clark filed suit alleging that the Board negligently failed to maintain the parking lot at Divide Elementary School. After the Board conducted depositions and the discovery deadline passed, the Board moved for summary judgment based on statutory immunity under West Virginia Code § 29-12A-5(a)(6). The circuit court found no genuine issue of material fact and granted summary judgment on October 23, 2015. The Supreme Court of Appeals affirmed.