Case law

Kerns v. Bucklew

178 W. Va. 68 · West Virginia Supreme Court · May 15, 1987

She later learned that each of the positions had been filled by a male applicant who had only a bachelor’s degree and was no more qualified for the positions than she. … Laura Kerns also completed additional schooling to qualify for a position as a high school teacher. She has been employed as a high school teacher on a full-time basis for several years.

Haney v. County Commission

212 W. Va. 824 · West Virginia Supreme Court · Dec 9, 2002

or indirectly in the interest of any employer in relation to an employee; and who employs during any calender week six or more employees as herein defined in any one separate, distinct and permanent location or business establishment … City of Huntington, 191 W.Va. 317 , 445 S.E.2d 500 (1994), that “[a] city, as a political subdivision of the state, is entitled to the statutory exemption for qualifying employers in West Virginia Code § 21-5C-1(e) (1989)

Christina Vogt v. American Arbitration Association

West Virginia Supreme Court · Jun 25, 2020

In West Virginia, judicial immunity is “absolute . . . [and] applies (1) to all judicial act[s]; unless (2) those acts fall clearly outside the judge’s subject matter jurisdiction.” Syl. Pt. 4, Roush v. Hey, 197 W. … It is well established that “[t]he granting of a continuance is a matter within the sound discretion of the trial court[.]” Syl. Pt. 1, State v. Dunn, 237 W.

Sharon B.W. v. George B.W.

203 W. Va. 300 · West Virginia Supreme Court · Jul 14, 1998

The appellant and the GAL next argue that the lower court was clearly erroneous in faffing to qualify Dr. Timothy Freeman, Ph.D. as an expert witness. … Freeman qualified him to testify concerning these issues. We therefore conclude that the circuit court was clearly erroneous in failing to qualify Dr. Freeman as an expert. However, Dr.

Brown v. Mierke

191 W. Va. 120 · West Virginia Supreme Court · Mar 24, 1994

employees’ immunity from federal taxation. … According to the Court, Michigan’s justification for its statutory exemption — its interest in hiring and retaining qualified civil servants — was irrelevant to any inquiry into the difference between the two classes, no

Brenda v. Smith v. Corporation of Harpers Ferry

West Virginia Supreme Court · Mar 28, 2014

The court also found respondent corporation immune pursuant to West Virginia Code § 29-12A-4(b)(1) and West Virginia Code § 29-12A-5(a) (statutory immunity for political subdivisions). This appeal followed. … She claims that there remains “considerable controversy” about the facts of this case, that “it was not established that the communications in question were made in good faith or without bad motive,” and that there is a dispute

Kosegi v. Pugliese

185 W. Va. 384 · West Virginia Supreme Court · Jul 9, 1991

Katie was killed, i.e., October 1 to December 31, 1982, were likewise not paid or filed pursuant to the time schedule established by W.Va.Code § 23-2-5(a). 2 The hotel ultimately paid its workers’ compensation premiums for … The statute clearly provided in no uncertain terms that an employer who failed to timely remit workers’ compensation premiums was delinquent within the meaning of the statutory scheme and was mandatorily deprived of immunity

State Ex Rel. Patteson v. Sims

136 W. Va. 106 · West Virginia Supreme Court · Jun 19, 1951

and to persons not qualified when they attain the age of sixty five; and all such payments were rto be based upon and determined by the wages paid to employees after December 31, 1936. … The contention of the defendant that this State is immune from the imposition upon it by the federal government of the taxes here involved is not tenable.

Roman Realty, LLC v. The City of Morgantown

West Virginia Supreme Court · Jun 11, 2024

However, during oral argument, counsel for Respondent represented to this Court that “there is not a blanket immunity against the City of Morgantown,” apparently referencing the statutory immunities contained in the Tort … Va. at 353, 56 S.E.2d at 98. 6 The majority states that it will not venture into immunities law because the City of Morgantown did not raise an immunity defense.

Mayhorn v. Logan Medical Foundation

193 W. Va. 42 · West Virginia Supreme Court · Dec 12, 1994

We have clearly outlined the standard used by this Court when reviewing a trial court’s decision to qualify an expert: ““Whether a witness is qualified to state an opinion is a matter which rests within the discretion of … Accordingly, we do not find that the trial court clearly abused its discretion when qualifying Dr.

Marcus v. Holley

217 W. Va. 508 · West Virginia Supreme Court · May 11, 2005

In establishing this specific standard through the statute, the legislature’s stated intent was “to promote prompt judicial resolution of the question of whether a suit ... is or is not prohibited by the immunity” created … may be caused by his or her own fault or the fault of a coemploy-ee; that the immunity established in sections six [§ 23-2-6] and six-a [§ 23-2-6a], article two of this chapter is an essential aspect of this workers’ compensation

McKain v. Baltimore & Ohio R. R. Co.

65 W. Va. 233 · West Virginia Supreme Court · Mar 2, 1909

He had- qualified as such officer and filed a copy of his oath of office in the clerk’s office of the county court of the county in which he made the arrest. … The court held the proprietor of the establishment liable for the act of the officer.

Calabrese v. City of Charleston

204 W. Va. 650 · West Virginia Supreme Court · May 13, 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.” … Immunity Provisions Having established that the provisions of W.Va.

Kimberly Landis and Alva Nelson v. Hearthmark, LLC

232 W. Va. 64 · West Virginia Supreme Court · Oct 17, 2013

While a defendant has a right of contribution against a joint tortfeasor, Unipunch and Zando clearly establish that the right “is derivative in the sense that it may be brought by a joint tortfeasor on any theory of liability … We find that the parental immunity doctrine does not preclude the defendants from asserting the defense of abnormal product use by A.N.’s parents to establish their negligence or fault.

State v. Riddle

168 W. Va. 429 · West Virginia Supreme Court · Dec 11, 1981

In Yoder, supra, the free exercise claim was compelling on the facts because of the long-established success of Amish culture. … Code, 16-3-4 [1973] (compulsory immunization); W.Va. Code, 18-5-37 [1981] (school breakfast program); W.Va. Code, 49-6A-2 [1977] (mandatory reporting of suspected abuse).

Benjamin R. v. Orkin Exterminating Co.

182 W. Va. 615 · West Virginia Supreme Court · Mar 9, 1990

Accordingly, from a purely scientific perspective, persons with HIV infection are clearly impaired. They are not comparable to an immune carrier of a contagious disease such as Hepatitis B. … Rptr. 197, 201 (1989) (HIV disease is a progressive immune system disease, and AIDS is end stage of this gradual immune system deterioration); Cronan v. New England Telephone Co., 41 Fair Empl.

Cole v. Fairchild

198 W. Va. 736 · West Virginia Supreme Court · Dec 20, 1996

Under the present facts, we find it clear that Stephen does not qualify as a "public invitee.” … However, for purposes of this case, clearly Flat Top was not being used as a "public” recreational area.

Stewart v. Riley

114 W. Va. 578 · West Virginia Supreme Court · Feb 6, 1934

To the main defense, that of qualified privilege, the defendant in error counters (1) that there was no privilege, and (2) that if there was a qualified privilege, Riley, as a matter of law, exceeded its bounds by an unnecessarily … The defense rests upon qualified privilege.'

Bell v. Vecellio & Grogan, Inc.

191 W. Va. 577 · West Virginia Supreme Court · Jul 11, 1994

The appellant sought to establish the appellee’s “deliberate intention” under W. Va. … Where manufacturer’s specifications are not available, the limitations assigned to the equipment shall be based on the determinations of a qualified engineer competent in this field and such determinations will be appropriately

Cahill v. Mercer County Board of Education

195 W. Va. 453 · West Virginia Supreme Court · Dec 13, 1995

Viars ranked the Appellees as the three most qualified candidates. The ALJ permitted Dr. … the positions were ■ the most qualified candidates.