Case law

State of West Virginia ex rel. March-Westin Company, Inc. v. The Honorable Phillip D. Gaujot, Judge of the Circuit Court of Monongalia County, and David Raymond Weston

West Virginia Supreme Court · Mar 21, 2022

Code § 55-7-13d(a)(5), and repeats that “[n]othing in this section alters, in any way, the immunity of any person as established by statute or common law[,]” W. Va. Code § 55-7-13d(g). … Clearly, West Virginia workers’ compensation law provides that Mr.

State of West Virginia ex rel. March-Weston Comapny, Inc. v. The Honorable Phillip D. Gaujot, Judge of the Circuit Court of Monongalia County

West Virginia Supreme Court · Mar 21, 2022

Code § 55-7-13d(a)(5), and repeats that “[n]othing in this section alters, in any way, the immunity of any person as established by statute or common law[,]” W. Va. Code § 55-7-13d(g). … Clearly, West Virginia workers’ compensation law provides that Mr.

Johnson v. C.J. Mahan Construction Co.

210 W. Va. 438 · West Virginia Supreme Court · Dec 12, 2001

Mahan without investigating the company’s past safety record; granting or accepting Mahan’s project bid solely on the basis that it was the lowest bidder; failing to follow the customary private industry practice of pre-qualifying … Guided by this remedial purpose and our established legal principles of narrowly construing exclusionary provisions of insurance policies and of favoring local government liability over immunity, we concluded in Russell that

Sias v. W-P Coal Co.

185 W. Va. 569 · West Virginia Supreme Court · Jul 19, 1991

This finding of the trial court, contrary to the jury’s finding in its answers to the special interrogatories, is clearly wrong. … The trial court agreed with the jury’s finding that this element was established here.

Gloria Allen v. Greenbrier Co. Sheriff's Dept.

West Virginia Supreme Court · Jun 28, 2013

In regard to the special duty exception, we have listed the requirements necessary to establish such an exception as follows: “The four requirements for the application of the ‘special relationship’ exception to … This liability is clearly limited by sections five and six of Article 12A, and section five states that “[a] political subdivision is immune from liability if a loss or claim results from: (5) Civil disobedience, riot, insurrection

Erie Insurance Property & Casualty Co. v. Stage Show Pizza, JTS, Inc.

210 W. Va. 63 · West Virginia Supreme Court · Jul 9, 2001

By enacting the deliberate intention statute, in W.Va.Code, 23 — 4—2(c) the Legislature specifically stated that it “intended to create a legislative standard for loss of that immunity” established in W.Va.Code, 23-2-6. … Coverage for employees was clearly excluded from Erie’s the commercial general liability policy sold to Stage Show Pizza; we believe it was just as clearly included in the employers’ liability endorsement attached to that

State v. Bail

140 W. Va. 680 · West Virginia Supreme Court · Mar 15, 1955

In the Cosner case, supra, the rule was laid down that such facts must be “clearly” established. Therein it was held: “4. … After a careful appraisal thereof, we are of the opinion that the record fails completely to “clearly” establish that a fair and impartial jury could not have been obtained from available jurors of Clay County.

Chad Edwards and Matthew Maxwell v. Rhonda Star, Individually and as Administratrix of the Estate of Robert E. Stark

West Virginia Supreme Court · Nov 17, 2022

But it bypassed the question of whether a heightened deliberate intent claim qualifies as one of the exceptions. … With that immunity established, a heightened deliberate intent claim represents the only potential claim against them. But because Mrs.

Morris v. Crown Equipment Corp.

219 W. Va. 347 · West Virginia Supreme Court · Jul 12, 2006

Privileges and Immunities In Austin v. … It is now established that under the Privileges and Immunities Clause there is ordinarily no difference between discrimination based on a person's "residence" and discrimination based on a person’s "citizenship.” ...

Cherie and Tony Lawyer v. Morgan Co. War Memorial Hospital

West Virginia Supreme Court · Nov 22, 2013

We note that the issue of “[w]hether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly … However, that statute provides that the applicable standard of care “shall be established in medical professional liability cases by the plaintiff . . .

Estate of Robinson v. Randolph County Commission

209 W. Va. 505 · West Virginia Supreme Court · Jul 12, 2001

established fiduciary duties as decedent's lawyer (including those of fidelity and good faith). … Clearly, Plaintiffs should have a reasonable opportunity to pursue their claims as pled or provable.

Aaron S. Fitzpatrick v. Cabell County Commission

West Virginia Supreme Court · Nov 22, 2013

According to the complaint, Respondent Wayne County Commission and Respondent Cabell County Commission had entered into an agreement to establish the day report center. … Fairmont City Police Department, 186 W.Va. 336, 412 S.E.2d 737 (1991), that “the general rule of construction . . . favor[s] liability, not immunity: unless the legislature has clearly provided for immunity under the circumstances

Chafin v. Gibson

213 W. Va. 167 · West Virginia Supreme Court · Feb 27, 2003

The lower court also found that the Appellee had a qualified privilege to provide information to the press. The Appellants have appealed to this Court. II. … The issue of whether the Appellee’s statements were properly within the scope of those policies, however, is primarily relevant only to the issue of whether the Appellee enjoys qualified immunity.

Thomas v. Rector

23 W. Va. 26 · West Virginia Supreme Court · Dec 1, 1883

The executor named failed to qualify, and T. W. Harrison qualified as administrator with the will annexed. … But admitting, as has been contended, that the facts set forth in the answer are not to be taken into consideration, and that we are to look only upon the will in giving a construction to it, there is no rule better established

Blake v. John Skidmore Truck Stop, Inc.

201 W. Va. 126 · West Virginia Supreme Court · Jul 17, 1997

even though the injury or death of an employee may be caused by his own fault or the fault of a co-employee; that the immunity established in sections six and six-a [§§ 23-2-6 and 23-2-6a], article two of this chapter, is … Clearly, the common law doctrine of deliberate intention was abrogated by statute under the Workers’ Compensation Act. See Syl.

State Ex Rel. Cashman v. Sims

130 W. Va. 430 · West Virginia Supreme Court · Jul 11, 1947

stated or established in this jurisdiction. … By reason of his training and his experience as a medical practitioner, he was especially qualified to comprehend fully the hazard which attended his work.

Wilson v. Bernet

218 W. Va. 628 · West Virginia Supreme Court · Nov 18, 2005

See also Davis, 211 W.Va. at 276 , 565 S.E.2d at 398 (Starcher, J., concurring) (“The majority opinion clearly acknowledges that there is not a cause of action for suing an opposing party's expert witness in West Virginia … or maintain a parental or custodial relationship with the minor child {i.e., mistake as to identity of child’s biological parents where paternity has not yet been formally established).

Ward v. County Court of Raleigh County

141 W. Va. 730 · West Virginia Supreme Court · May 29, 1956

It must be kept in mind that the constitutional provisions relating to immunity of the State, and its agencies, can not be waived by the Legislature. That immunity is absolute. Hamill v. Koontz, Tax Commissioner, 134 W. … This seems to be clearly pointed out by the statement made in the Van Gilder case, quoted above.

White Ex Rel. White v. Linkinoggor

176 W. Va. 410 · West Virginia Supreme Court · Jun 4, 1986

West Virginia Code § 16-3-4 (Supp. 1985), generally requires that all school children be immunized against specified communicable diseases. … The above-cited statutory provision requires immunization for “[a]ll children entering school for the . first time in this state ...”

State v. Beard

203 W. Va. 325 · West Virginia Supreme Court · Jul 15, 1998

Hampton, 775 F.2d 1479 (11th Cir.1985), is to establish certain precautions to insulate those individuals apprised of the immunized testimony: Unless the government relies solely upon evidence obtained prior to the immunized … Thus, the police had clearly spoken to Ms. Cook before her name was ever provided by Defendant. .