Case law

Elswick v. Charleston Transit Co.

128 W. Va. 241 · West Virginia Supreme Court · Nov 27, 1945

The testimony of Ruby Kiser objected to and excluded by the court was clearly inadmissible. Mrs. Neilson’s statement to the witness was not a part of the res gestae. “Res gestae” literally means “things done”. … It is contended that this part of the instruction is improper because the plain language of the city charter and the statute is overlooked in that the instruction does not qualify the bus operator’s duty to turn to the right

State of West Virginia v. Larry Vernon Hoke

West Virginia Supreme Court · Oct 12, 2018

Instead, the record clearly shows that petitioner’s counsel voluntarily abandoned his planned questioning of Ms. … THE COURT: Do you have any way of establishing that it’s a business record?

State Farm Fire & Casualty v. Robin Skinner Prinz

231 W. Va. 96 · West Virginia Supreme Court · May 21, 2013

England started the reform that led to the statutory removal of these qualifying elements in practically every state, including West Virginia. … In any event, the Dead Man’s statute is to be narrowly construed to permit the admission of relevant testimony, unless clearly excluded by the language and purpose of the statute.

Tracy v. Cottrell

206 W. Va. 363 · West Virginia Supreme Court · Nov 12, 1999

And unless the damage caused by each is clearly separable, permitting the distinct assignment of responsibility to each, each is liable for the entire damage. The degree of culpability is immaterial.” … "[U]nder this rule, [the plaintiff] would be required to establish what injuries he might have received even though he did not receive them.

State of West Virginia v. Darrell L.

West Virginia Supreme Court · Nov 24, 2014

Importantly, the circuit court ordered the victim be evaluated by a qualified psychologist who ultimately testified that the child was competent to testify. … As outlined above, the circuit court correctly determined that the child was competent to testify, and a direction to provide a verbal response, common in many courtrooms, does not establish otherwise.

Jones v. Rockefeller

172 W. Va. 30 · West Virginia Supreme Court · May 23, 1983

Spencer Hospital, located in Roane County, West Virginia, is a state hospital established under W.Va.Code, 27-2-1 [1977], and controlled by the West Virginia Department of Health. … In this country the absolute veto is unknown; the qualified or limited veto is all an executive has. 191 Mass. at 370-71, 77 N.E. at 717 . . In Cascade Telephone Co. v.

State of West Virginia v. Tex B.S.

236 W. Va. 261 · West Virginia Supreme Court · Oct 8, 2015

A defendant’s right to be present at an initial sentencing hearing has been qualified by Rule 43(c)(4) of the West Virginia Rules of Criminal Procedure. … The record establishes that the circuit court held lengthy hearings when the appellant pled guilty and when he was sentenced.

State v. Delaney

187 W. Va. 212 · West Virginia Supreme Court · Jun 1, 1992

We believe the guidelines established in Ramos are a reasonable method of balancing the defendant's need for the examinations against the victim's right to privacy. … Rockwell qualified as an expert at trial.

Wilson v. City of Wheeling

19 W. Va. 323 · West Virginia Supreme Court · Mar 25, 1882

And here we wish to be clearly understood in making the distinction between such dangers, as are incident to and consequent upon the nature of the work itself, and those which result from an improper execution of it. … The foregoing being correct views in principle, the last named instruction should have been qualified in accordance therewith, strictly speaking.

Bluefield Supply Co. v. Frankel's Appliances, Inc.

149 W. Va. 622 · West Virginia Supreme Court · Jun 29, 1965

the circuit court deeming himself disqualified, the parties, by agreement, selected a local attorney as a special judge to try, hear and determine the case, and on February 19, 1960, the special judge was duly sworn and qualified … The testimony of witnesses of the defendant indicates clearly that they knew that any effort of Looney to obtain credit in satisfaction of the claim for the television sets was being made without the knowledge and consent

Rinehart v. Rinehart

98 W. Va. 93 · West Virginia Supreme Court · Jan 27, 1925

Rinehart, named as executor, qualified as such and entered upon the discharge of his duties; that a settlement of the executor, made on- March 17, 1922, shows that there is a balance in his hands from the personal estate … Should the personal estate be insufficient, then the above well-established exception applies.

W. Va. Dept. of Health and Human Resources/Behavioral Health v. E.H.

236 W. Va. 279 · West Virginia Supreme Court · Oct 15, 2015

An examination of the pertinent regulations .addressing the nature of a “business associate” clearly refutes this conclusion. Legal Ad repeatedly refers to itself as a “business associate” of the DHHR. … Thus, for the DHHR to act in violation of that established practice was contrary to the rule of law which governs this case.

Verizon West Virginia, Inc. v. West Virginia Bureau of Employment Programs, Workers' Compensation Division

214 W. Va. 95 · West Virginia Supreme Court · Jul 9, 2003

As related earlier, qualifying employers may elect to fully self-insure against all workplace risks or to self-insure against specific risks. … Second, omitting several paragraphs of statutory direction for the establishment of such rates, the statute directed the Commissioner, in conjunction with the Performance Council, to establish by rule the system for determining

Bralley v. Tidewater Coal & Coke Co.

66 W. Va. 278 · West Virginia Supreme Court · Nov 16, 1909

. • It ought to be qualified by *284 limiting its application to the neglect of the mining boss in-the performance of those duties which are not also expressly enjoined upon the operator. … All of the above cases are clearly distinguishable from the present one, and should not control it.

Holland v. Flanagan

139 W. Va. 884 · West Virginia Supreme Court · May 25, 1954

They do qualify such denial by saying that people did walk over the way. No person testified as to any person using it with a claim of right to do so, except Messrs. Tackett and Ruston and the school authorities. … We think however, that the testimony clearly preponderates in favor of the plaintiffs. As stated above, it was the duty of the defendant to establish by proof the affirmative of the controlling issue.

Conner v. Griffith

160 W. Va. 680 · West Virginia Supreme Court · Sep 20, 1977

Although we have not had occasion to define its full scope, our Double Jeopardy Clause provides immunity from further prosection where a jury in a court having jurisdiction has acquitted the accused. … Louk also correlated the due process rights required at a probation revocation hearing with those at a parole revocation hearing. 17 Clearly from the foregoing cases this Court has accorded substantial due process rights

Ashlee R. Hull v. Dr. Muhammad Samar Nasher-Alneam

West Virginia Supreme Court · Feb 24, 2020

Qureshi was not qualified to render an expert opinion. … This Court has established that “[a]ppellate review of a circuit court’s order granting a motion to dismiss a complaint is de novo.” Syl. Pt. 2, State ex rel.

Tony Coffman v. Nicholas County Commission

238 W. Va. 482 · West Virginia Supreme Court · Feb 9, 2017

“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. Charlie A. … This process does not require a petition by qualified voters or freeholders or an election. Instead, the municipality must petition the county commission for permission to annex.

Smith v. Animal Urgent Care, Inc.

208 W. Va. 664 · West Virginia Supreme Court · Nov 3, 2000

First, it is well-established that this Court reviews summary judgment rulings pursuant to a plenary standard of review. See Syl. Pt. 1, Painter v. Peavy, 192 W.Va. 189 , 451 S.E.2d 755 (1994). … Clearly, our holding that intent will be im *670 plied as a matter of law in instances of sexual misconduct extends logically to allegations of sexual harassment. 15 The United States District Court for the Southern District

State v. Driver

88 W. Va. 479 · West Virginia Supreme Court · Apr 26, 1921

Guthrie was examined as a witness by the defendant and after having qualified as an expert by showing his long familiarity and practice as a physician with nervous diseases generally, and with lunatics and imbeciles, he was … Instructions are designed to define for the jury, and to direct their attention to, the principles of law which apply to and govern the facts established.