Dale Clark, Terry Clark, individually; and Felicia Clark and Kayla Clark, by and through their mother and next friend, Terry Clark v. Terry Dunn and the Department of Natural Resources, No. 22767 (W. Va. October 30, 1995) (Albright, J.): 195 W.Va. 272, 465 S.E.2d 374:
Adopting a broad standard of qualified immunity for state officers and employees and agreeing that a conservation officer was immune for negligently shooting a suspect, the Court held that if a public officer or employee is either permitted or required, in the exercise of judgment and discretion, to perform certain acts or make certain decisions, such acts and decisions are within the scope of the officer's or employee's duties and, accordingly, the negligent performance of such actions or making such decisions is protected by qualified immunity.
Homer A. Eggleston, Jr. v. West Virginia Department of Highways and Greiner Engineering Sciences, Inc., No. 21268 (W. Va. February 24, 1993) (Miller, J.): 189 W.Va. 230, 429 S.E.2d 636:
Where plaintiff was injured in an accident on the "Sandstone Grade" of Interstate 64 prior to the erection of warning signs which were part of the original construction plans, the Court determined that the claim was covered by a Division of Highways' insurance policy, holding that language in the policy which provides coverage for bodily injury arising from and occurring during the performance of construction covers a bodily injury occurring prior to the completion of a highway construction project.