Case law

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.'

Mayles v. Shoney's, Inc.

185 W. Va. 88 · West Virginia Supreme Court · Dec 20, 1990

He testified that the violations found by appellee’s expert pertained to corrosive materials and it was his opinion that hot grease did not qualify as a corrosive material under the OSHA regulations; 8 that protective gear … Clearly there was sufficient evidence presented from which the jury could conclude that the employee was following the procedure utilized in the restaurant to dispose of the grease, that his injuries were serious and that

Sayre v. Stevens Excavating Co.

163 W. Va. 324 · West Virginia Supreme Court · Jul 3, 1979

The jury verdict did not establish the location of the 2.38 acre tract, merely the ownership thereof. As heretofore indicated, ownership of the property alone does not establish the right of *330 recovery. … The right of way map furnished the contractor clearly indicated a rock formation on the alleged state right of way.

The West Virginia State Police, Department of Military Affairs v. J.H., a Minor, by and through His Parent and Next Friend, L.D.

West Virginia Supreme Court · Mar 29, 2021

In this regard, it is well established in this Court’s precedents that “[a]circuit court’s denial of a motion to dismiss that is predicated on qualified immunity is an interlocutory ruling which is subject to immediate … Although I acknowledge that “[a]n assertion of qualified . . . immunity should be heard and resolved prior to any trial because, if the claim of immunity is proper and valid, the very thing from which the defendant is immune

Vaughan v. Greater Huntington Park & Recreation District

223 W. Va. 583 · West Virginia Supreme Court · May 1, 2009

The Barge Line Companies alleged that the mitigation agreement established their immunity from liability pursuant to the Recreational Use Statute. … Likewise, the order granting partial summary judgment in this instance clearly does not represent a final judgment.

Spangler v. Fisher

152 W. Va. 141 · West Virginia Supreme Court · Mar 19, 1968

E. 2d 205 ), the Court held that the immunity granted to an employee by Section 6a “clearly refers to the immunity of the employer under the workmen’s compensation laws. * * *” Counsel for the respective parties do not disagree … Haynes, one of counsel for the defendant, which affidavit, as supplemented by copies of various papers and records from the office of the state compensation commissioner, established the fact that workmen’s compensation benefits

Yates v. Civil Service Commission

154 W. Va. 696 · West Virginia Supreme Court · Feb 2, 1971

If the employee does not appeal he may have been dismissed without cause, clearly contrary to law. … Such dismissal, therefore, was clearly illegal.

Eisnaugle v. Booth

159 W. Va. 779 · West Virginia Supreme Court · Jul 1, 1976

established by W.Va.Code, 23-2-6a, as amended, attaches and defeats the plaintiff's cause of action. … of which "intent," "malice," and other elements of criminal conduct are frequently established.

Funkhouser v. Brotherton

124 W. Va. 713 · West Virginia Supreme Court · Oct 6, 1942

We think also that the evidence, both documentary and parol, shows clearly that he qualified as such, and, for at least part of the time, actually performed the duties of such clerk. … We are of opinion that this showing clearly establishes that Mulligan Chappell was legally chosen and qualified, and that he did act as Republican receiving clerk at this precinct.

Woods v. Jefferds Corp.

241 W. Va. 312 · West Virginia Supreme Court · Feb 28, 2019

Woods's assignments of error to the circuit court's summary judgment order are not clearly stated, but they appear to present a challenge with two facets. 4 First, Mr. … However, when confronted with the physician's report that he could not safely do tasks essential to the job, the record clearly establishes that Mr. Woods did not request or identify necessary additional accommodations.

Jason S. Smith v. Apex Pipeline Services

230 W. Va. 620 · West Virginia Supreme Court · Apr 4, 2013

An employer’s immunity is lost, however, when it acts with “deliberate intention” to cause the employee’s injury. W.Va.Code § 23 — 4—2(d)(2); see Sias, 185 W.Va. at 574 , 408 S.E.2d at 326 . … It is axiomatic that, under West Virginia Code § 23-2-6 (2010), qualifying employers are immune "from common-law tort liability for negligently inflicted injuries.” Bias v. Eastern Assoc. Coal.

State Ex Rel. United Hospital Center, Inc. v. Bedell

199 W. Va. 316 · West Virginia Supreme Court · Mar 14, 1997

immunity provided by [the rule].’ ”); 8 Wright, Miller & Marcus § 2024 at 346. … "[Although the work product doctrine creates a form of qualified immunity from disclosure, it does not label materials as ’privileged’ and thus outside the scope of discovery under Rule 26(b)(1).” McDougal v.

Gilman v. Choi

185 W. Va. 177 · West Virginia Supreme Court · Jan 25, 1991

point ordinarily will not be disturbed unless it clearly appears that its discretion has been abused. … Chatterton, 281 Minn. 129 , 160 N.W.2d 662 (1968) (trial court was clearly within its discretion in excluding testimony of plaintiffs medical expert against defendant orthopedic surgeon; although he was chief of medical staff

Lane v. W. Va. State Board of Law Examiners

170 W. Va. 583 · West Virginia Supreme Court · Sep 7, 1982

Thus, jurisdiction to establish standards for admission to the practice of law in West Virginia is vested in this Court. … Clearly we have never interpreted the rule that way.

William David Haught II v. David Fletcher, individually and as mayor of the Town of Belle, WV, and Town of Belle, WV, a municipal corporation

West Virginia Supreme Court · Mar 8, 2022

Haught responded that Fletcher was not entitled to the defense of qualified privilege because he had acted with a bad motive, that 4 The Town argued that it was immune from Haught’s defamation claim—an … The order from which Haught appeals clearly dismissed his complaint pursuant to Rule 12(b)(6). Fletcher does not suggest otherwise.

Austin Joseph Goodwin v. Board of Education of Fayette County

West Virginia Supreme Court · Nov 12, 2019

Petitioner identifies no such clearly established rights or laws, i.e. a specific directive regarding supervision which was violated, in order to overcome qualified immunity. … As such, it is the BOE’s burden to establish a record sufficient to establish itself as an arm of the State and therefore entitled to assert the affirmative defense of qualified immunity.

G.M. McCrossin, Inc. v. West Virginia Board of Regents

177 W. Va. 539 · West Virginia Supreme Court · Mar 11, 1987

Protecting the liberty of the individual citizen and limiting the power of government were principle reasons for establishing our system of checks and balances. United Public Workers v. … As this Court has previously recognized, Our Constitution clearly contemplates that every person who is damaged in his person, property, or reputation shall have recourse to the courts to seek the redress of his injuries.

Schippa v. West Virginia Liquor Control Commission

132 W. Va. 51 · West Virginia Supreme Court · Nov 16, 1948

Jur. 301 , it is said: “It is an established principle of jurisprudence in all civilized nations, resting upon grounds of public policy, that the sovereign cannot be sued in its own courts or in any other court without its … Clearly he participated in an illegal transaction with an employee of the Liquor Control Commission.

Haney v. Town of Rainelle

125 W. Va. 397 · West Virginia Supreme Court · Mar 2, 1943

We are clearly of opinion that this walkway and approaches to the jail entrance did not constitute a “street or sidewalk or alley” within the meaning of the statute mentioned. … The immunity of municipal corporations against liability for injuries resulting from defective governmental instrumentalities or from their negligent use, is indisputably established. Carder v. Clarksburg, 100 W.

State v. M. M.

163 W. Va. 235 · West Virginia Supreme Court · Jun 25, 1979

Whether a witness is qualified to express 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 appears that its discretion … The court below clearly abused its discretion in holding the sheriff and the trooper were qualified as experts in the matters regarding which they testified. Moore, Kelly & Reddisch, Inc. v. Shannondale, Inc., 152 W.