Case law

State Ex Rel. City of Martinsburg v. Sanders

219 W. Va. 228 · West Virginia Supreme Court · Jul 11, 2006

On August 4, 2005, the lower court denied Martinsburg’s motion finding that the *231 city had failed to meet its burden to establish its right to immunity under West Virginia Code § 29-12A-5(a)(ll), a provision of the Governmental … The Court finds that the defendant has failed to meet its burden to establish its right to immunity under W.Va.Code § 29-12A-5(a)(ll) ... [and] DENIES the defendant’s motion for judgment on the pleadings.

England v. Daily Gazette Company

143 W. Va. 700 · West Virginia Supreme Court · Jul 3, 1958

Considered together, they constitute such a vehement and violent attack on the character of plaintiff as to make an abuse of the qualified privilege clearly apparent. … We can not say that the allegations of the plea of justification were so clearly and definitely established that the verdict was wrong.

Walker v. Meadows

206 W. Va. 78 · West Virginia Supreme Court · Jul 15, 1999

Whether a “special relationship” can be established under Syl. Pt. 2 of Wolfe v. … The chronological confines of “the execution or enforcement” have not been clearly delineated.

Sargus v. West Virginia Board of Law Examiners

170 W. Va. 453 · West Virginia Supreme Court · Jul 14, 1982

The court concluded that “[t]he thirty-day residency requirement ... clearly discriminates against nonresidents, because they are denied the opportunity to take the bar examination and, thus, precluded from practicing law … , therefore, reverse the decision of the West Virginia Board of Law Examiners in denying the application of Jennifer Smart Sargus to take the bar examination and hereby order respondent to allow petitioner, if otherwise qualified

Riggle v. Allied Chemical Corp.

180 W. Va. 561 · West Virginia Supreme Court · Feb 10, 1989

Without being qualified, it is clear that the deposition testimo *569 ny of these experts was inadmissible. W.V.R.Evid. 702. … Under the circumstances, the court clearly did not abuse his discretion by denying this motion to amend pleadings a mere six days before trial.

State of West Virginia ex rel. Mingo County Board of Education v. The Honorable Miki Thompson, Judge of the Circuit Court of Mingo County, and "Big Jim" Hatfield

West Virginia Supreme Court · Nov 16, 2021

Pt. 1, Hutchison, 198 W.Va. 139, 479 S.E.2d 649 (“The ultimate determination of whether qualified or statutory immunity bars a civil action is one of law for the court to determine. … Therefore, unless there is a bona fide dispute as to the foundational or historical facts that underlie the immunity determination, the ultimate questions of statutory or qualified immunity are ripe for summary disposition

SER HCR Manorcare v. Hon. James C. Stucky, Judge

235 W. Va. 677 · West Virginia Supreme Court · Jun 9, 2015

Under the Act, confidentiality and immunity from liability are made a part of the health care peer review process to facilitate the evaluation of health care practitioners. Syllabus point 2 of Young v. … Both orders directed ManorCare to redact the portions of the documents qualifying as “legal advice.”

Dale W. Steager, State Tax Comm. v. James and Elaine Dawson

West Virginia Supreme Court · May 17, 2017

Under Syllabus Point 2 of Brown, the Dawsons were required to establish that the tax scheme established by Section 12(c)(6) discriminates against a federal retiree because of the source of his or her income. … In the years at issue in this case, the number who qualify for the exemption has diminished to two percent of all state-pension recipients.

Chase v. Greyhound Lines, Inc.

156 W. Va. 444 · West Virginia Supreme Court · Feb 27, 1973

Parent-un emancipated child immunity in personal injury actions was first established in West Virginia in Securo v. … Grogg, supra, involved immunity between husband and wife, but from our previous discussion, it is obvious it applies with equal force to parent-child immunity.

Reed v. Bord

206 W. Va. 568 · West Virginia Supreme Court · Dec 10, 1999

Unless the legislature has clearly provided for immunity under the circumstances, the general common-law goal of compensating injured parties for damages caused by negligent acts must prevail.” … Bord to perform many of his prosecutorial duties in the separate office he established.

Messer v. Huntington Anesthesia Group, Inc.

218 W. Va. 4 · West Virginia Supreme Court · Jul 7, 2005

“The ultimate determination of whether qualified or statutory immunity bars a civil action is one of law for the court to determine. … Therefore, unless there is a bona fide dispute as to the foundational or historical facts that underlie the immunity determination, the ultimate questions of statutory or qualified immunity are ripe for summary disposition

Johnson v. Tsapis

186 W. Va. 642 · West Virginia Supreme Court · Dec 19, 1991

Clearly, the provisions of W.Va. … Although the Privileges and Immunities Clause uses the term "Citizens,” it is well-established that the terms “citizen” and "resident” are interchangeable for purposes of most cases analyzed under Article IV, Section 2, Clause

Hall v. Protan

158 W. Va. 276 · West Virginia Supreme Court · Dec 20, 1974

prior to the qualifying civil service examination. … under the “grandfather clause”, nor had it established the required training program.

Moats v. Preston County Commission

206 W. Va. 8 · West Virginia Supreme Court · Jul 15, 1999

Clearly, the defense of quasi-judicial immunity was not intended to apply to employees of private mental health centers who are transporting individuals in their custody. … Valley contends that an expert is necessary because the complaint clearly asserts a medical malpractice claim against it.

State Ex Rel. Abraham Linc. Corp. v. Bedell

216 W. Va. 99 · West Virginia Supreme Court · Jul 15, 2004

The principles underlying the West Virginia Workers’ Compensation system are well-established. … This Court must accede to the methodology established by the legislature and the rules and regulations designed to determine an employer’s continuing enii!

Baldau v. Jonkers

229 W. Va. 1 · West Virginia Supreme Court · Mar 10, 2011

Noerr Motor Freight, Inc., 365 U.S. 127 , 81 S.Ct. 523 , 5 L.Ed.2d 464 (1961) (establishing immunity for petitions to a state legislature); United Mine Workers v. … The probable cause issue was clearly before the three judge panel and both sides had a full and fair opportunity to litigate the matter before them.

Jenkins v. City of Elkins

230 W. Va. 335 · West Virginia Supreme Court · Nov 15, 2012

Va.Code, 29-12A-5(a)(ll), clearly contemplates immunity for political subdivisions from tort liability in actions involving claims covered by workers’ compensation even though the plaintiff was not employed by the defendant … Clearly, the innocent driver was not “legally entitled to recover damages” when he or she could not serve process on the unidentified tortfeasor.

West Virginia Department of Human Services v. L.R. and A.R., and B.R., an infant

West Virginia Supreme Court · Jun 1, 2026

The DHS moved to dismiss the respondents’ complaint based on qualified immunity. … The DHS presents this appeal from the circuit court’s order denying its motion for summary judgment in which the DHS asserted qualified immunity.

Weimer-Godwin v. BD. OF ED. OF UPSHUR CTY.

179 W. Va. 423 · West Virginia Supreme Court · Apr 22, 1988

County boards of education are not entitled to the immunity of the State under W.Va.Const, art. VI, § 35 and are not entitled to common law governmental immunity. Syl., Ohio Valley Contractors v. … These statutes are, however, clearly not subject-oriented, except for their reference to "special instructional assignments.”

State v. Haverty

165 W. Va. 164 · West Virginia Supreme Court · Jun 24, 1980

Snider was present during the transaction, which would be a necessary fact to establish in order to require disclosure by the State. … Immunity will be denied if the proferred testimony is found to be ambiguous, not clearly exculpatory, cumulative or if it is found to relate only to the credibility of the government’s witness-es_” [ 615 F.2d at 972 ].