Case law

Hayes v. Roberts & Schaefer Co.

192 W. Va. 368 · West Virginia Supreme Court · Dec 8, 1994

. § 342.690 and § 342.700 (Michie 1993), 4 bestow immunity upon a contractor and a subcontractor from liability outside of the workers’ compensation system. … The spirit of W.Va.Code, 55-2A-2 [1959] clearly favors the extinguishment of the claim. See Oakley v. Wagner, 189 W.Va. 337, 340 , 431 S.E.2d 676, 679 (1993).

Monongahela Valley Traction Co. v. Windom

78 W. Va. 390 · West Virginia Supreme Court · May 16, 1916

Conceding that the verdict did cover, as part of the award, compensation for loss of lateral support of the residence lot, the contention would seem to ignore the important facts proved and also certain well established legal … These general principles, applicable here, will be found clearly stated and illustrated in 2 Lewis on Em. Dom. §§711, 819, 821; 15 Cyc. €90, 715, 741; Cotts v. Railway Co., 63 W. Va. 41 ; Watts v. Railway Co., 39 W.

Thomson v. McGinnis

195 W. Va. 465 · West Virginia Supreme Court · Dec 15, 1995

However, where the exercise of reasonable diligence would disclose facts demonstrating that the contractor was clearly incompetent for the particular task contemplated, a reasonably prudent broker should not retain the contractor … Stephens was not qualified to inspect furnaces or heating systems. The questions of whether the Appellees created an agency relationship in retaining Mr.

State Ex Rel. Tomblin v. Bivens

150 W. Va. 733 · West Virginia Supreme Court · Jul 15, 1966

The principle is well established by the decisions of this Court that by virtue of Section 28, Article 1 (formerly Section 15, Article 4), Chapter 3, Code, 1931, as amended, the county court of every county is authorized … It clearly appears from the record in this proceeding that the petitioners, consisting of a majority of the members and the chairman of the Logan County Democratic Executive Committee, have fully complied with the requirements

Good v. Good

39 W. Va. 357 · West Virginia Supreme Court · Apr 11, 1894

The following is the agreed state of facts as set out in plaintiff’s bill of exceptions, to wit: The said Francis Good died intestate about the 14th day of July, 1891 ; that the defendant was duly appointed, qualified, and … Por what reason does not clearly appear, unless it is to protect husbands against the coercive influence of their wives. Creditors were amply protected under the laws then existing.

State v. BOARD OF EDUCATION OF COUNTY OF RALEIGH

103 S.E.2d 797 · West Virginia Supreme Court · Jun 3, 1958

It is established herein that, though the charges against petitioners were reduced to writing and filed, they were not actually "entered of record". … Clearly, therefore, the removal order was void, and no vacancy was created by the entry thereof. In Hertzog v. Fox, Mayor, 141 W.Va. 849 , 93 S.E.2d 239 , we held: "1.

Rosier v. Garron, Inc.

199 S.E.2d 50 · West Virginia Supreme Court · Sep 14, 1973

A grammatical analysis of the last quoted qualifying provision of Code, 55-7-6, which the reader may prefer to diagram, clearly indicates that the amended section does not apply to actions where the death occurred before … Justice Haden, discussed the right to amend with reference to the presentation of affirmative defenses, and established three criteria: (1) the amendment should permit the presentation of the merits of the action; (2) the

State of West Virginia v. Christopher M. Roof

West Virginia Supreme Court · Apr 20, 2021

Specifically, petitioner argued that doubling the minimum sentence for second-degree robbery, from five to ten years in prison, was “disproportionate to the sentencing guidelines established to afford people considerations … We review the decision on the Rule 35 motion under an abuse of discretion standard; the underlying facts are reviewed under a clearly erroneous standard; and questions of law and interpretations of statutes

In re M.B. and P.B.

West Virginia Supreme Court · Feb 7, 2020

These findings shall not be set aside by a reviewing court unless clearly erroneous. … of the Rules of Appellate Procedure, we decline to address it on appeal. 5 Petitioner also argues that “no efforts were made to determine if the courses and classes offered to incarcerated persons would qualify

In Re: R.W.

West Virginia Supreme Court · Sep 25, 2017

These findings shall not be set aside by a reviewing court unless clearly erroneous. … As such, this designation qualified her for additional time to comply with services below. The Court, however, does not find this argument compelling.

Donaldson Mine Co. v. Human Rights Commission

187 W. Va. 631 · West Virginia Supreme Court · Jul 15, 1992

Gregory has indisputably established the first two elements of a pri-ma facie case as outlined in Conaway v. Eastern Associated Coal Corporation, supra. … Gregory was qualified for the positions for which he applied. There is also evidence that he was never disciplined or counseled during his employment.

State ex rel. Department of Health & Human Resources v. Baker

210 W. Va. 213 · West Virginia Supreme Court · Nov 28, 2001

In this ease, the lower court clearly erred in attributing income at the level of $40,000 7 because the necessary statutory elements for relying on Appellant’s prior level of income were not established. See id. C. … It is for the Legislature, and not this Court, to establish the parameters for attributed income. .

Adkins v. CSC & PSC

173 W. Va. 89 · West Virginia Supreme Court · Jan 26, 1984

This statute clearly contemplates that the director of personnel of the CSC shall, upon request, afford aggrieved employees, as well as the interested appointing authority, a hearing at which allocation of a position to a … Employees holding provisional appointments under the present system of classified service must qualify for permanent appointments under competitive examination.

State Ex Rel. McKenzie v. Smith

212 W. Va. 288 · West Virginia Supreme Court · Jul 17, 2002

Qualified rehabilitation professionals must utilize the following priorities. … If a lower numbered priority is clearly inappropriate for the injured worker, the next higher numbered priority must be utilized.

Petros v. Kellas

146 W. Va. 619 · West Virginia Supreme Court · Oct 24, 1961

It must be kept in mind that the constitutional provisions relating to immunity of the State, and its agencies, can not be waived by the Legislature. That immunity is absolute. Hamill v. Koontz, Tax Commissioner, 134 W. … establishes that there is no genuine issue of material fact, summary judgment may be rendered.”

State Ex Rel. Daily Gazette Company v. Bailey

164 S.E.2d 414 · West Virginia Supreme Court · Nov 19, 1968

Laws pertaining to registration of voters are designed to ascertain the electors who are qualified to cast votes. … It is most relevant that these signers are required by statute to be "legally registered and qualified voters," and that they may subscribe to such certificate only in the magisterial district in which they are qualified

State ex rel. Massachusetts Mutual Life Insurance v. Sanders

228 W. Va. 749 · West Virginia Supreme Court · Feb 24, 2012

The plaintiffs claim the transaction involved fraud and tax fraud. 3 The 412i plan must be established by an employer as the sponsor of the plan and the plan itself is then established as a separate and distinct entity with … The Respondents claim that in order to make this transfer, MassMutual had to represent that the annuity was coming *753 from a qualified tax plan into another qualified tax plan.

Metropolitan Life Insurance v. Gatson

200 W. Va. 656 · West Virginia Supreme Court · Jul 14, 1997

Cutright to comply with his supervisor’s instructions regarding use of the sonic computer qualifies as misconduct within the definition adopted by this Court in Kirk v. … Cole, 169 W.Va. 520 , 288 S.E.2d 547 (1982), as it clearly constituted both a flagrant disregard of a standard of behavior that Metropolitan had a right to expect and a disregard of his obligations to his employer.

Powers-Taylor Drug Co. v. Faulconer

52 W. Va. 581 · West Virginia Supreme Court · Mar 28, 1903

All of this is clearly and effectually negatived and precluded by the evidence in this case. … How far does it qualify the general inhibition of acts by an insolvent debtor? Only to the extent that he may so dispose of paper representing indebtedness due to him.

Bailey v. SWCC and Eastern Associated Coal Corp.

170 W. Va. 771 · West Virginia Supreme Court · Jun 24, 1982

In a slightly later case the Court used “jurisdictional” in quotation marks, clearly a reluctant and qualified usage of the term. Stewart v. State Compensation Director, 150 W.Va. 103 , 144 S.E.2d 327 (1965). … Industrial Commission, 111 Ariz. 364 , 529 P.2d 1181 (1974) which have established the rule that "... if a claimant appears to have a meritorious position and the facts do not establish an excessive delay, and the delay does