Cases

Monongahela Power Company v. Michael and Vickie Buzminsky

Case Number:
19-0228
Case Date:
15-04-2020
Case Information:
Petitioner appeals the Circuit Court of Kanawha County’s order denying it’s motion to dismiss it from the underlying negligence action filed by Respondents following injuries sustained by Respondent Michael Buzminsky when he attempted to restore electrical power to a power plant. As grounds for the motion to dismiss, Petitioner asserted that it was immune from liability because it was acting in the capacity of an emergency responder. The circuit court denied the motion based upon its finding that Petitioner is not immune from liability. Justice Jenkins disqualified. Judge Olejasz assigned. Continued