H. B. 4497
(By Delegates Stemple, Mezzatesta and Williams)
[Introduced February 19, 1998; referred to the
Committee on the Judiciary.]
A BILL to amend article seven, chapter fifty-five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
nineteen, relating to exempting from civil liability drivers
who transport intoxicated persons home.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter fifty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
nineteen, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-19. Transporting intoxicated persons; immunity from civil
Any driver who transports an intoxicated person, or any
person that the driver believes in good faith to be intoxicated, to the home of the intoxicated person, without remuneration, is
exempt from civil liability arising from any injury or death
resulting from the transportation: Provided, That the purpose
for the transportation was to prevent the intoxicated person from
driving himself or herself due to the state of intoxication. The
exemption of this section does not apply in the event that the
injury or death is the direct and proximate result of the gross
negligence, or the willful, wanton or reckless misconduct or the
intentional act of the driver.
NOTE: The purpose of this bill is to extend the good
samaritan law to include persons who provide transportation for
others who are too drunk to drive.
§55-7-19 is new; therefore, strike-throughs and underscoring
have been omitted.