Case law

State v. McCartney

228 W. Va. 315 · West Virginia Supreme Court · Nov 17, 2011

Moreover, he argues that the coroner was not qualified to give an opinion as to the victim’s cause of death, was not qualified as an expert witness, and was not a physician or other qualified person. … The State, however, contends that the coroner’s testimony was sufficient to establish cause of death.

In re A.W.

West Virginia Supreme Court · Mar 16, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Given that the evidence established that petitioner had not remedied the conditions of abuse and neglect at issue, it is clear that termination was appropriate.

Lucas v. Smithfield, C. & H. F. Turnpike Co.

36 W. Va. 427 · West Virginia Supreme Court · Apr 9, 1892

But no reason is perceived why every declaration accompanying the act of possession, whether in disparagement of the claimant’s title or otherwise qualifying his possession, if made in good faith, should not be received as … Smith, 27 Gratt. 892 ; and Eden Inj. 237 — clearly show that the plaintiff is in the proper forum.

Williamson v. Harden

214 W. Va. 77 · West Virginia Supreme Court · May 7, 2003

This Court upheld the jury’s verdict, stating that “Pote presented sufficient evidence from which a jury could find that he established all of the elements of his causes of action.” … However, see also, the dissenting opinion of Justice Davis in Wallace (discussing principal of witness immunity and citing the case of Briscoe v.

Mary Beth Cochran v. Mark Iams Cochran

230 W. Va. 580 · West Virginia Supreme Court · Mar 28, 2013

Clearly, the spousal support awarded to the petitioner by the family court does not qualify as rehabilitative spousal support. … However, for the reasons stated above, it does qualify as proper temporary spousal support under the factors set forth in W. Va.

Dieter Engineering Services, Inc. v. Parkland Development, Inc.

199 W. Va. 48 · West Virginia Supreme Court · Dec 16, 1996

Va.Code, 31-1-66 [1974] the plaintiff foreign corporation could not maintain a suit because it had never qualified to do business in this State. Id. … USA Mobile Communications, Inc., 190 W.Va. 209, 212 , 438 S.E.2d 1, 4 (1993) that "[although stockholders were not immune from liability for corporate obligations at common law, such insulation has been the cornerstone of

Blankenship v. City of Charleston

223 W. Va. 822 · West Virginia Supreme Court · Jun 18, 2009

There is no dispute that the endorsements are part of the policy, and endorsement M/E-217 clearly qualifies the types of bodily injury .claims covered under the policy through its statement that “[t]his insurance applies … It is well-established that the “[ljanguage in an insurance policy should be given its plain, ordinary meaning.” Syl. Pt. 1, Soliva v.

Colgan Air, Inc. v. West Virginia Human Rights Commission

221 W. Va. 588 · West Virginia Supreme Court · Oct 25, 2007

The procedure established by Colgan Air for the reporting of harassment, reviewed by Mr. … The Human Rights Commission accurately made such a finding, and the majority was incorrect to disturb findings of fact that were not clearly wrong. Mr.

Oakley v. Gainer

175 W. Va. 115 · West Virginia Supreme Court · May 31, 1985

The term “employee,” as noted, is clearly defined in the Public Employees Insurance Acts as “including public officials.” … Furthermore, the extended insurance benefits provision clearly covers any “participating employee.”

Chafin v. Norfolk & Western Railway Co.

80 W. Va. 703 · West Virginia Supreme Court · Sep 25, 1917

The rule and the reason for it is clearly stated in 2 R. C. … No tribunal is better qualified to apportion the damages than the jury who are trying the case, and it is always proper to require them to do so by their verdict.

SER Danita LaDayne, Administratrix of the Estate of Jonathan S. LaDayne v. WV Legislative Claims Commission

West Virginia Supreme Court · Nov 22, 2019

Our State constitution provides sovereign immunity protections and does not allow for suits to be brought against the State. … Moreover, her claim was clearly brought pursuant to the Claims Commission’s authority to consider a claim against the State pursuant to West Virginia Code § 14-2-12.

Orndoff v. Rowan

156 W. Va. 205 · West Virginia Supreme Court · Oct 24, 1972

Counsel for the plaintiff objected to the question upon the ground that the witness was not an expert witness and, therefore, was not qualified to give his opinion. The court sustained the objection. … trial court and its ruling on that point will not ordinarily be disturbed unless it clearly appears that its discretion has been abused.”

Lisa Clark v. St. Mary's Medical Center

West Virginia Supreme Court · Apr 10, 2015

Petitioner is an experienced intensive 1 An employer’s immunity from suit provided under the worker’s compensation system may be lost if the plaintiff employee establishes all of the following elements: … We have held that in cases where the claimed injury is “obscure” and not clearly apparent to a lay person, the plaintiff must offer expert medical testimony that the serious injury was the direct and proximate result of the

State v. Mullins

135 W. Va. 60 · West Virginia Supreme Court · Nov 28, 1950

Mullins, at the time he shot and killed the deceased, Noah Chapman, Jr., if the jury believes beyond a reasonable doubt that he so shot and killed him, was a duly qualified and acting police officer of the municipality of … The statutes we have quoted seem to clearly establish the fact that to appear in a public place in an intoxicated condition is a misdemeanor for which either a sheriff, his deputy, a constable or a police officer in a municipality

Greenfield v. Schmidt Baking Co., Inc.

199 W. Va. 447 · West Virginia Supreme Court · Mar 19, 1997

in the subject matter; however, a bad motive will defeat a qualified privilege defense. … Thus, we need not discuss the applicability of a qualified privilege. 10 .

State v. Green

207 W. Va. 530 · West Virginia Supreme Court · Jul 10, 2000

Green argues that having established that she effectively pleaded guilty to only one uttering offense under W. … West Virginia Code § 61-4-5(a) clearly supports charging Green with separate offenses based upon each document uttered.

State v. Franklin

174 W. Va. 469 · West Virginia Supreme Court · Mar 1, 1985

Moss, a national organization to curtail drunk driving established its first chapter in West Virginia in our eastern panhandle. … In this case the spectators were clearly distinguishable from other visitors in the courtroom and, led-by the sheriff, they constituted a formidable, albeit passive, influence on the jury.

State v. Bass

189 W. Va. 416 · West Virginia Supreme Court · Jun 11, 1993

In this case, the defendant clearly met the first two prongs of the prima facie case test. … Once a defendant makes the foregoing showing and a prima facie case is established, then under Batson the State has the burden to establish an adequate explanation for the exclusion: “Once the defendant makes the requisite

Wright v. Standard Ultramarine and Color Co.

141 W. Va. 368 · West Virginia Supreme Court · Dec 6, 1955

and capable men to join its organization and to continue in its employment the persons then employed; that the consideration for the defendant’s promise to pay the premiums was the continuance in its employment of qualified … This status of the employment of the plaintiff is indicated clearly by the allegations that the plaintiff intended to quit his employment with the defendant but did not do so for the sole reason that it had established a

Tracy W. v. David Ballard, Warden

West Virginia Supreme Court · Sep 5, 2017

that the proceedings would have been different is not clearly erroneous. … Consequently, these findings were not clearly erroneous.