Case law

State ex rel. Marshall County County Commission v. Carter

225 W. Va. 68 · West Virginia Supreme Court · Jan 29, 2010

Briggs alleged that he is well qualified to be a telecommunication operator and has several years experience in that position. Mr. … "The work product doctrine provides a qualified immunity to two categories of work products: fact and opinion.” Mazzone, 220 W.Va. at 532 , 648 S.E.2d at 38 (citation omitted).

Henderson v. Meredith Lumber Co., Inc.

190 W. Va. 292 · West Virginia Supreme Court · Nov 23, 1993

because before they leased the store, they failed to correct a defective stairway problem as required by W.Va.Code 21-3-6 [1923], Pack also noted that some of the safety requirements “in W.Va.Code, 21-3-1 through -18 ... are clearly … as follows: "An employer may become a third person, vulnerable to tort suit by an employee, if — and only if — he possesses a second persona so completely independent from and unrelated to his status as employer that by established

Dakota Jones and Matilda Workman v. Logan County Board of Education

West Virginia Supreme Court · Nov 17, 2022

In its memorandum of law in support of its motion to dismiss, the Board clearly asserted immunity. … Jones was aware that some or all of his claims may be subject to governmental immunity. Subsequently, the Board clearly asserted immunity.

Jeffrey v. West Virginia Department of Public Safety, Division of Corrections

204 W. Va. 41 · West Virginia Supreme Court · Dec 11, 1998

In Jeffrey I, we stated: Section 319 establishes a duty. Assuming breach of that duty, there is negligence. Having established negligence, however, liability does not automatically ensue. … The requirements of the “special relationship” exception have been clearly set out in Syllabus Point 12 of Parkulo v. Board of Probation and Parole, supra. Therefore, we decline to alter Parkulo .

State ex rel. Patrick v. County Court of Hancock County

152 W. Va. 592 · West Virginia Supreme Court · Feb 4, 1969

The election returns and the poll books clearly show that Carole A. … This procedure in such case was clearly stated in State ex rel. Simon v.

State Ex Rel. AT & T Mobility, LLC v. Wilson

226 W. Va. 572 · West Virginia Supreme Court · Oct 28, 2010

an expansion of our jurisprudence, that decision did not alter the legal underpinnings necessary to establish unconscionability. … In Dunlap, we identified in generalized terms the types of provisions contained in an adhesion contract that may qualify as unfair for purposes of uneonseionability.

Mauck v. City of Martinsburg

167 W. Va. 332 · West Virginia Supreme Court · Jul 7, 1981

Dunworth’s letter to Mauck clearly falls within the protection of a qualified privilege. As city manager, Dunworth was responsible for the hiring, supervision and dismissal of city employees. … Affirmed. 1 The trial court’s order does not clearly grant a judgment notwithstanding the verdict on the insulting words claim.

Savilla v. Speedway Superamerica, LLC

219 W. Va. 758 · West Virginia Supreme Court · Dec 27, 2006

Moschgat qualified as administratrix of her mother’s estate before the Kanawha County Commission. On April 11, 2000, in her capacity as personal representative and administratrix of Ms. Kannaird’s estate, Ms. … Kannaird's challenge to the circuit court's order established the "law of the case,” and bars Speedway from asserting the arguments that are discussed in the instant opinion. We cannot agree with Ms.

Michael Ex Rel. Michael v. Appalachian Heating, LLC

226 W. Va. 394 · West Virginia Supreme Court · Jun 11, 2010

The Plaintiffs further assert that there is nothing in the UTPA that supports granting insurance companies immunity from the Human Rights Act. … Clearly, then, W.

Kiser v. Caudill

215 W. Va. 403 · West Virginia Supreme Court · Jul 8, 2004

Barnes clearly contradicted his *411 deposition testimony. Contrary to Ms. Kiser’s contentions, Dr. … As this Court explained in Kiser I, “ ‘[T]o qualify a witness as an expert on [the] standard of care, the party offering the witness must establish that the witness has more than a casual familiarity with the standard of

Mandolidis v. Elkins Industries, Inc.

161 W. Va. 695 · West Virginia Supreme Court · Jun 27, 1978

Notwithstanding the immunity from corn- *698 mon law suit granted to employers by W.Va. Code § 23-2-6, 1 plaintiffs commenced their actions relying on the deliberate intent exception to such immunity contained in W.Va. … Certainly this does not establish intentional injury.

State Ex Rel. Lawhead v. County Court of Kanawha County

129 W. Va. 167 · West Virginia Supreme Court · Jul 23, 1946

A person who is not registered is not entitled to vote, although qualified. Section 3, Permanent Registration Law. … Clearly this imposes a duty on a voter not authorized or contemplated.

State v. Carney

222 W. Va. 152 · West Virginia Supreme Court · Apr 25, 2008

Johnson, 134 W.Va. 357 , 59 S.E.2d 485 (1950), this Court examined the statutory terms “forcibly or illegally” and stated that such terms as “used in the statute clearly mean any unlawful interference with the officer in … After being offered immunity from state prosecution, Ms. Boseman gave yet another statement to the police on August 18, 2005; that statement contains no reference to Appellants. 19 .

West Virginia Human Rights Commission v. Esquire Group, Inc.

217 W. Va. 454 · West Virginia Supreme Court · Jun 30, 2005

immunity.”); Banks v. … Black resides in the home but no longer qualifies as handicapped under the statute.

Gable v. Gable

West Virginia Supreme Court · Jun 1, 2021

immunity. … J.H. is limited to cases involving qualified immunity, because in those cases we have insisted upon a “heightened pleading standard.” See generally, Hutchison v. City of Huntington, 198 W.

Harmon v. Elkay Mining Co.

201 W. Va. 747 · West Virginia Supreme Court · Dec 16, 1997

immunity. … The appellant's evidence clearly showed that there were no escape ramps.

Kyriazis v. University of West Virginia

192 W. Va. 60 · West Virginia Supreme Court · Oct 28, 1994

When considering whether an enterprise qualifies as a public service, we must examine the nature of the enterprise itself. … West Virginia Board of Regents, 172 W.Va. 743 , 310 S.E.2d 675 (1983), states that because the Board and other state officers are immune from suit when the state has procured liability insurance, no recovery is being sought

State Ex Rel. Coral Pools, Inc. v. Knapp

147 W. Va. 704 · West Virginia Supreme Court · May 21, 1963

The writing further provides that the dealer “shall establish retail prices for Coral Pools” and that he may sell at retail in the area “at the retail prices established by him.” … A trend is clearly discernible toward expanding the permissible scope of state jurisdiction over foreign corporations.

State Ex Rel. Downey v. Sims

125 W. Va. 627 · West Virginia Supreme Court · May 18, 1943

Downey, on *628 the following day, qualified as such by taking the oath and giving the bond required by law, and thereupon entered on the performance of his duties as a member of the Board. … Even if the Act unequivocally attempted to establish such qualifications, the provision would clearly be outside its title and for that reason alone unconstitutional.

Jeremiah Goodwin v. City of Shepherdstown

825 S.E.2d 363 · West Virginia Supreme Court · Mar 15, 2019

governmental immunity. … Olney allegedly gave University officers to establish his "airtight alibi."