Case law

State of WV ex rel. Gallagher Bassett Services v. The Honorable Carrie Webster, Robin Lusk and Old Dominion Freight Line, Inc.

West Virginia Supreme Court · Jun 12, 2019

Statutory Immunity We begin our analysis of W. Va. Code § 23-2C-21(a) with a review of our rules of statutory construction. … However, Gallagher Bassett has not asked us to apply Section-21 immunity to Ms. Lusk’s Persinger claim.

Yost v. Fuscaldo

185 W. Va. 493 · West Virginia Supreme Court · Jul 18, 1991

Because Fuscaldo’s statutory immunity from civil suit had lapsed, Yost filed suit against Fuscaldo. 1 *496 After discovery, Yost added three additional parties as defendants, R.L. … City of Hinton, 149 W.Va. 613 , 142 S.E.2d 889 (1965), the Court stated that a motion for a directed verdict will be granted where the evidence presented by the defendant is so clearly insufficient as to support a verdict

Tucker v. Tucker

176 W. Va. 80 · West Virginia Supreme Court · Feb 6, 1986

The standard for determining whether an order involving child custody should be modified is well established in this jurisdiction. … Clearly no testimony was taken. A hearing scheduled at the request of the appellant was cancelled. There is no evidence of a waiver by the appellant of his right to a hearing.

Board of Education v. DeFazio

180 W. Va. 614 · West Virginia Supreme Court · Mar 9, 1989

The posting requirement of W.Va.Code, 18A-4-8b(a) [1988] is clearly mandatory and must be read broadly to effectuate the legislative intent. … While these objectives are commendable, they do not warrant replacing the strong public policy of securing the most qualified person for the position.

State v. Blaney

168 W. Va. 462 · West Virginia Supreme Court · Dec 11, 1981

The statute clearly provides that the arresting officers are required to inform the arrested individual of the consequences of his refusal to submit to a test only where there has been such a refusal. … Then on cross-examination he testified that even if the anti-coagulant had been added to the sample, the results would still have been approximately .20% or twice the percentage of alcohol needed to establish prima facie

State of West Virginia v. Clinton Douglas Skeens

233 W. Va. 232 · West Virginia Supreme Court · Apr 10, 2014

The evidence before the jury established that the victim, Jess Scott Jarrell, (“Jarrell”) died from multiple stab wounds resulting from an unprovoked attack carried out by Skeens at Jarrell’s home. … That establishes, in my opinion, the element of deliberation.

Jordan v. Bero

158 W. Va. 28 · West Virginia Supreme Court · Sep 17, 1974

Whether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling will not ordinarily be disturbed unless it clearly appears that its discretion has been abused … Once, however, permanency is established by competent testimony to a degree of reasonable certainty, proof of foreseeable consequences is less difficult.

Mutafis v. Erie Ins. Exchange

328 S.E.2d 675 · West Virginia Supreme Court · Mar 28, 1985

This argument ignores Section 6(c) which clearly states that: "[n]o order of the commissioner pursuant to this article or order of court to enforce it, or holding of a hearing, shall in any manner relieve or absolve any person … It is established for purposes of decision that any suggestion that plaintiff had any association with the Mafia is untrue.

Wetzel County Solid Waste Authority v. West Virginia Division of Natural Resources

195 W. Va. 1 · West Virginia Supreme Court · Jul 14, 1995

Fairmont City Police Dept., 186 W.Va. 336 , 412 S.E.2d 737 (1991) (This Court held that the qualified tort immunity provisions of the W.Va. … Clearly, imposing such fee on each ton of solid waste disposed of in each county or region is not arbitrary or unreasonable.

STATE EX REL. W. VA. DHHR v. Baker

557 S.E.2d 267 · West Virginia Supreme Court · Nov 28, 2001

Appellant's argument that the stock option funds should not be viewed as income is predicated on a theory that whether funds qualify as "gross income" is dependent on whether they constitute recurrent income or whether the … In this case, 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.

In re J.B. and B.B.

West Virginia Supreme Court · Sep 20, 2022

Petitioners now appeals. 2 The Court has previously established the following standard of review: 2 The parents’ parental rights were terminated in October of 2021. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Lacy v. CSX Transportation, Inc.

205 W. Va. 630 · West Virginia Supreme Court · Jul 12, 1999

Thus, the foundation required by Rule 803(6) may be established by circumstantial evidence, or by a combination of direct and circumstantial evidence. … Plaintiffs clearly objected to the trial court’s exclusion of the statement regarding the eastbound locomotive, and it is this exclusion of evidence that they challenge on appeal. .

Neary v. Charleston Area Medical Center, Inc.

194 W. Va. 329 · West Virginia Supreme Court · Jul 11, 1995

Neary argues that na *333 tional infection rate of 1 to 3% for laminecto-my surgery clearly establishes that CAMC had a duty to warn its patients of the dangers of such surgery. In Cross v. … applicable standard of care to which his or her expert opinion testimony is addressed; (d) such expert maintains a current license to practice medicine in one of the states of the United States; and (e) such expert is engaged or qualified

Orr v. County Commission

178 W. Va. 276 · West Virginia Supreme Court · Jun 3, 1987

The engineering-services contract between the Public Service District and the appellant established a complex compensation scheme to compensate the appellant for his engineering services. … The Blaisdell opinion, which amounted to a comprehensive restatement of the principles underlying the application of the Contract Clause, makes it quite clear that “[n]ot only is the constitutional provision qualified by

State v. Cirullo

142 W. Va. 56 · West Virginia Supreme Court · Jun 26, 1956

the levy term of the county court each year, and at any other time when required by the court which appointed them, or the judge thereof in vacation, prepare a list of not less than one hundred nor more than two hundred qualified … Clearly, in my opinion, the prime purpose of the constitutional provision above quoted, as well as the implementing statute, was to establish uniformity throughout this State in the manner of impanelling of grand juries.

Alley Cat Allies Incorporated v. Berkeley County Animal Control and County Council of Berkeley County

West Virginia Supreme Court · Jun 13, 2024

We must then determine, as a threshold matter, whether Alley Cat qualifies as a taxpayer that may establish standing to maintain its action against the Respondents. B. … Taxpayer Status While taxpayer standing is well-established, the requirements to qualify as a taxpayer for standing purposes are not.

State v. Bragg

152 W. Va. 372 · West Virginia Supreme Court · Oct 15, 1968

In the light of the stipulation, we must accept as a fact that the essentials of a common-law marriage were established at the trial. … It was not altered or qualified as a consequence of the careful scrutiny and prolonged study of our state statutes which culminated in the adoption of the revised, official Code of 1931.

Bulick v. Milkint

90 W. Va. 509 · West Virginia Supreme Court · Mar 14, 1922

Before the time fixed for his departure he died, and the plaintiff here was appointed and .duly qualified as administratrix of his estate. … We are clearly of the opinion that the evidence shows that the purchase money for these lots has been fully paid, and the court below should have so decreed.

State of West Virginia v. Taylor R. Wasson, Jr.

236 W. Va. 238 · West Virginia Supreme Court · Oct 8, 2015

“Where the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syl. Pt. 1, Chrystal R.M. v. … Given the qualifying phrase “restricted by the context” included in West Virginia Code § 2-2-10(i) coupled with the phrase “in the interest of justice” set forth in West Virginia Code § 61-11A-4(e), Mr.

Chesapeake & Ohio R. Co. v. Miller

19 W. Va. 408 · West Virginia Supreme Court · Apr 22, 1882

Those rules have been clearly and explicitly laid down in numerous decisions; and we feel their binding force. … The property wdthin the legal sub-division established by law for the convenience of the people must all pay homage to this one uniform rule.”