Case law

Kizer v. Harper

211 W. Va. 47 · West Virginia Supreme Court · Nov 30, 2001

This statement is clearly in accord with the law of prima facie negligence as announced on multiple occasions by this Court. … Vance should not have been read to the jury, arguing that he did not qualify as an unavailable witness. Mr.

Jules Inc. v. Boggs

165 W. Va. 510 · West Virginia Supreme Court · Sep 23, 1980

The circuit court upheld the ABC Commissioner’s findings of fact as clearly right, but reversed the conclusions of law as clearly wrong. … of statutes in other areas see, Efficacy of the Corporate Entity in Evasion of Statutes 26 Iowa L.Rev. 350 (1941) This article notes that the theory behind many piercing the corporate veil cases “is that there can be no immunity

Melissa Rotruck v. Janice Smith, Doing Business as Insurance Queen

West Virginia Supreme Court · Feb 10, 2016

It is well established 8 See note 1, supra, for additional details regarding Ms. … Rotruck qualify as a consumer credit sale.

Farmers & Merchants Bank of Reedsville v. Kingwood National Bank

85 W. Va. 371 · West Virginia Supreme Court · Jan 20, 1920

As to the guaranty relied upon, the allegations in the two counts are clearly insufficient by reason of their uncertainty and indefiniteness; if, indeed, they do not'State a case upon which no action can stand, when properly … This may not be sufficient ground for the construction relieving from the common law obligation as being incident to the imposition of a’uniform statutory obligation; but a firmly established rule of interpretation justifies

John J. Lynch v. David Ballard, Warden

West Virginia Supreme Court · Mar 31, 2014

We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a … attacked as ineffective, arises from occurrences involving strategy, tactics and arguable courses of action, his conduct will be deemed effectively assistive of his client’s interests, unless no reasonably qualified

Duling v. Bluefield Sanitarium, Inc.

149 W. Va. 567 · West Virginia Supreme Court · Jun 15, 1965

It is conceded, therefore, that this is not a case for application of the charitable immunity doctrine as defined in prior decisions of this Court. Meade v. St. Francis Hospital, 137 W. Va. 834 , 74 S. … Even in malpractice cases, however, the general rule has been qualified so as to permit negligence to be established without expert testimony in cases where negligence or want of skill is so obvious as to dispense with need

State v. Frazier

162 W. Va. 602 · West Virginia Supreme Court · Feb 6, 1979

The basis for the reversal was obscure, although there was some suggestion that the evidence was insufficient to establish a conviction of first degree murder. … Clearly, the focus is on the evidence introduced at the trial and not on what is left after the appellate court completes its review.

Poulos v. LBR Holdings, LLC

238 W. Va. 89 · West Virginia Supreme Court · Oct 26, 2016

The final order and the ultimate disposition are reviewed under an abuse of discretion standard, and the circuit court’s underlying factual findings are reviewed under a clearly erroneous standard. … Ripepi all qualify him as an expert with respect to CBM.

Hughes v. Gwinn

170 W. Va. 87 · West Virginia Supreme Court · Mar 17, 1981

While the United States Supreme Court has established a qualified right to counsel at probation revocation hearings, Gagnon v. … The State has a substantial interest in monitoring the progress of a probationer, who is clearly a greater risk to society than the average citizen.

Kalany v. Campbell

220 W. Va. 50 · West Virginia Supreme Court · Nov 30, 2006

Where Appellant goes astray is to suggest that only by proving a sexual harassment claim could Appellees establish the requisite public policy violation under the facts of this case. In so arguing, Mr. … The alleged act of sexual harass *55 ment — the unwelcome and forced kiss— clearly qualifies as a practice that is in violation of the provisions of the Act. See W.Va. Code § 5-ll-9-(7)(C).

Harris v. Orr

46 W. Va. 261 · West Virginia Supreme Court · Apr 8, 1899

established against the adverse possessor or the reverse; or again, whether such a claim or debt is probably collectible or not considering the debtor’s own solvency. … This is clearly proven. He frequenly declared to neighbors around him that all his personalty was to go to these sons. This is not a gift.

Burch v. Nedpower Mount Storm, LLC

220 W. Va. 443 · West Virginia Supreme Court · Jul 27, 2007

The first assignment is that the circuit court erred in finding that the siting certificate granted by the PSC to the appellees for the construction of the wind power facility immunizes the appellees from liability under … That injury will result must be shown beyond question ... not resting on hypothesis or conjecture, but established by conclusive evidence.

Mills v. Miller

135 W. Va. 627 · West Virginia Supreme Court · Mar 13, 1951

Special plea No. 1 alleged that the plaintiff had not qualified as a real estate broker in the State; and special plea No. 2 alleged that the Shand’s Cut Rate Drugs was owned by Shand’s Cut *629 Rate Drug Store, Inc., a corporation … When we come to the dominent issue in the case, that is, whether there was an agreement on the part of the defendant to pay the plaintiff the sum of $2,000.00, we think the facts are sufficient to establish plaintiff’s claim

SER Scott R. Smith, Prosecuting Attorney v. Hon. David J. Sims, Judge

235 W. Va. 124 · West Virginia Supreme Court · Apr 9, 2015

As we explained, “[e]ven if it was established that the child in this case did not and will not suffer any harm as a result of George K.’s acts, it does not follow that another child subject to a similar encounter in the … The petitioner contends that under the analysis employed in George K., J.Y. clearly committed an offense involving 11 an act of violence against a person.

Arbogast v. Arbogast

174 W. Va. 498 · West Virginia Supreme Court · Nov 14, 1984

Such an award is clearly authorized by W.Va. … Since at the time of the modification proceeding here, the child had been absent from Kansas for over seven months, Kansas did not qualify as the child’s "home state”.

Cline v. Bailey

85 W. Va. 139 · West Virginia Supreme Court · Nov 18, 1919

That Browning recognized the paramount character of plaintiffs’ rights to the tract clearly appears from the evidence. … Since the plaintiffs are cotenants in the tract, each owning an undivided interest, those who thus establish their right to redeem can redeem only their own interests, not the interests of others.

Nichol v. Huntington Water Co.

53 W. Va. 348 · West Virginia Supreme Court · Apr 25, 1903

Water Works Co., 54 Ia. 59 , the court treated the Water Works Company as an agency or instrumentality in the hands of the city, in the exercise of its police power, and gave it the same immunity from action by citizens as … It is too well established to require citation of authority that the tenant cannot bind his landlord by his contract for repairs to the property.

Petition of Shiflett

200 W. Va. 813 · West Virginia Supreme Court · Jul 18, 1997

As the testator and Appellee never divorced, Appellee clearly fits within this definition. … As an aside, we notice the legislature retained a statute qualifying homicide as a bar to the acquisition of an estate or insurance money. See W. Va.Code § 42-4-2 (1982). 17 .

In the Matter Of: The Honorable Elizabeth Boso, Magistrate of Nicholas County and Former Magistrate Candidate of Kanawha County

West Virginia Supreme Court · Oct 24, 2025

I clearly misinterpreted, you know, where the canon said that you shall reside in the county in which you are elected. It does not say appointed. … Although respondent briefly argues that she was merely a “job applicant,” we find that she plainly qualified as a “judicial candidate” under our Rules.

Mine Temp, LLC v. Wells Fargo Insurance Services

West Virginia Supreme Court · Nov 4, 2019

Alternatively, Wells Fargo argued that (as an “agent” for Chubb in placing the coverage) it is immune from suit in tort or contract by the insured, Mine Temp, under existing West Virginia law. … Mine Temp argues that, in the affidavit it submitted with its response to Wells Fargo’s motion for summary judgment, it established that it relied upon the special expertise, knowledge, and representations of Wells Fargo