Case law

Robert Smith, Administrator v. Carolyn Clark, M.D. and Cabell Huntington Hospital, Inc.

242 W. Va. 81 · West Virginia Supreme Court · Jun 10, 2019

Roberts is qualified and capable of covering both, and he could do that. Mr. … White, Juror No. 82’s testimony clearly shows that she would not be influenced in this case, and would not be partial toward any party.

State Ex Rel. Carenbauer v. Hechler

208 W. Va. 584 · West Virginia Supreme Court · Dec 14, 2000

“When the whole sixth (or judiciary) article of the Constitution is considered, certain purposes are clearly indicated! … The *596 employer did not alter the qualifications necessary to run for office, but rather established requirements for retaining employment.

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

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. Jankowski

102 W. Va. 234 · West Virginia Supreme Court · Sep 28, 1926

We recognize and follow the rule established for-generations and approved by experience, that great caution should be exercised by the courts in awarding a new trial when it is asked for on the ground that the verdict is … Besides the two instructions (all the state offered) each qualify the possession with the addition of the words “as charged in the indictment”.

Clarksburg Casket Co. v. Valleu Undertaking Co.

81 W. Va. 212 · West Virginia Supreme Court · Oct 30, 1917

The rule requiring continuous and' unbroken possession in the establishment óf a common law lien, such as that of a warehouseman, is very-strict. … The vehicles were merely stored in a qualified sense in buildings owned, possessed and controlled by the claimants.

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.

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.

State Ex Rel. Bumgarner v. Sims

139 W. Va. 92 · West Virginia Supreme Court · Dec 15, 1953

Sims, is the duly elected and qualified Auditor of the State of West Virginia, having the legal duty to order by payment all valid obligations of the State of West Virginia, or its duly constituted agencies, including the … Though the doctrine of respondeat superior is not applicable to the State because of the State’s immunity from suit under Article VI, Section 35, West Virginia Constitution, this Court has tacitly applied the rationale of

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.”

In Re: C.B.

West Virginia Supreme Court · Nov 22, 2017

These findings shall not be set aside by a reviewing court unless clearly erroneous. … In the instant case, petitioner clearly shared actual physical possession, care, and custody of a child.

Kuhn v. Robin L. Ravenscroft Living Trust

West Virginia Supreme Court · Nov 18, 2020

Shrout’s deed that follows the metes and bounds description of the parcel and purports to establish the express easement at issue herein, the majority noticeably omits any reference to the deed’s preceding, qualifying language … However, he does not explain how the alleged right-of-way can traverse the same path that is occupied by a well casing that is clearly marked on not one, but two of the surveys he relies upon to establish the alleged easement

State v. McCracken

218 W. Va. 190 · West Virginia Supreme Court · Nov 30, 2005

Rule 702 provides: “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, … which the prosecutor’s remarks have a tendency to mislead the jury and to prejudice the accused; (2) whether the remarks were isolated or extensive; (3) absent the remarks, the strength of competent proof introduced to establish

Burdette v. Maust Coal and Coke Corp.

159 W. Va. 335 · West Virginia Supreme Court · Feb 17, 1976

In accordance with procedures established by Mr. … The Gauley Company was immune from this action because of compliance with the Workmen’s Compensation laws.

In Re Tobacco Litigation

215 W. Va. 476 · West Virginia Supreme Court · May 6, 2004

rulings of the circuit court concerning a new trial and its conclusion as to the existence of reversible error under an abuse of discretion standard, and we review the circuit court’s underlying factual findings under a clearly … must be something that a qualified physician would prescribe based upon the demonstrated exposure to a particular toxic agent.” 206 W.Va. at 142 , 622 S.E.2d at 433.

Dial v. Hollandsworth

39 W. Va. 1 · West Virginia Supreme Court · Mar 19, 1894

Once establish the doctrine that the complaining candidate must show fraud or falsification of ballots, and you give immunity to fraud. … Under the decision in this case, upon the evidence of the poll clerks alone, the purity of the election is established.

State v. Corbin

117 W. Va. 241 · West Virginia Supreme Court · Mar 17, 1936

The objection was due to the fact that the court sustained the state’s contention that the defense witness could not qualify as an expert in fingerprints. … We do not think' it necessary to pass upon the question of whether either witness qualified as an expert or whether the testimony was, in fact, expert evidence.

STATE EX REL. LINCOLN JOURNAL v. Hustead

716 S.E.2d 507 · West Virginia Supreme Court · May 2, 2011

Petitioners asserted a qualified reporter's privilege under the First Amendment to the United States Constitution and under West Virginia state law. … no other adequate means, such as direct appeal, to obtain the desired relief; (2) whether the petitioner will be damaged or prejudiced in a way that is not correctable on appeal; (3) whether the lower tribunal's order is clearly

Lozinski v. Lozinski

185 W. Va. 558 · West Virginia Supreme Court · Jul 17, 1991

By defining the term “tortious act” as including any act committed in the state which involved a breach of duty to another and resulted in ascertainable damages, the Poindexter court ruled that nonsupport qualified as a tortious … Our ruling in this case is consistent with recent legislation which clearly establishes both a statewide and a nationwide trend towards enabling individuals to seek child support from errant ex-spouses or parents who are

Cummings v. Armstrong

34 W. Va. 1 · West Virginia Supreme Court · Jun 16, 1890

The second requires him to be competent in his art, and to duly qualify under oath. … Clearly the act intended that the officer should perform a duty which *13 would supersede the necessity of personal attention to these details by the court.