Case law

Dolen v. St. Mary's Hospital of Huntington, Inc.

203 W. Va. 181 · West Virginia Supreme Court · Jul 17, 1998

We have previously held that: Whether 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 … The standard for granting summary judgment was established in Syllabus Point 3 of Aetna Casualty & Surety Co. v. Federal Ins.

State Ex Rel. Erie Insurance Property & Casualty Co. v. Mazzone

220 W. Va. 525 · West Virginia Supreme Court · Jul 25, 2007

However, the Court in Hickman made clear that the work-product doctrine provides qualified and not absolute immunity from disclosure. … The work product doctrine provides a qualified immunity to two categories of work products: fact and opinion. See In re Markle, 174 W.Va. at 556-57 , 328 S.E.2d at 163 .

Ex parte Hunter

2 W. Va. 122 · West Virginia Supreme Court · Jan 15, 1867

All these privileges and immunities are conferred by the law for the public good, and are, therefore, held and enjoyed in subordination to the public control. … Clearly it may do as much.

In Re Appeal of Prezkop

154 W. Va. 759 · West Virginia Supreme Court · Feb 23, 1971

The first witness called by the city was Prezkop, whereupon his counsel objected to the city using Prezkop as a witness *766 upon the ground of constitutional immunity. … Goodwin, I don’t think any criminal charges arising out of the fire, whether they be arson, neglect or anything else, should be discussed until we establish something by thorough investigation.

Pockl v. Ohio County Board of Education

185 W. Va. 256 · West Virginia Supreme Court · Jun 13, 1991

Coram is the most qualified applicant for the position of assistant principal at Wheeling Junior High School. Although Mr. … We find the conclusion of the hearing examiner not to be clearly wrong, as did the circuit court, and thus decline to reverse the decision.

West Virginia Trust Fund, Inc. v. Bailey

199 W. Va. 463 · West Virginia Supreme Court · Mar 28, 1997

conscientious staff of financial professionals dedicated to the administration, investment and management of those employees’ and employer’s financial contributions and that an independent trust fund board and staff should be immune … established in article two, chapter fifteen of this code, the judges’ retirement system established in article nine, chapter fifty-one of this code, the workers’ compensation fund established in article three, chapter twenty-three

Holmes v. Board of Education

206 W. Va. 534 · West Virginia Supreme Court · Nov 17, 1999

We cannot say the AL J’s decision was arbitrary or capricious or clearly wrong. … However, neither Rogers nor Holmes seriously contends the other person is not fully qualified. It seems to us after reviewing the record that the two are equally qualified.

Shepherdstown Volunteer Fire Dept. v. State Ex Rel. State Human Rights Commission

172 W. Va. 627 · West Virginia Supreme Court · Nov 10, 1983

wrong in view of the reliable, probative and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. … In Green , the United States Supreme Court determined that a prima facie case of employment discrimination may be established: by showing (i) that he belongs to a racial minority; (ii) that he applied and was qualified for

Webster County Solid Waste Authority v. Brackenrich & Associates, Inc.

217 W. Va. 304 · West Virginia Supreme Court · Jun 30, 2005

Critically, each item that the Authority relies upon to establish an “occurrence” is an act of alleged professional negligence. … Consequently, established principles of appellate review permit us to address the exclusionaiy language. See Stonebraker v.

Kiser v. Caudill

210 W. Va. 191 · West Virginia Supreme Court · Jul 9, 2001

“[T]o qualify a witness as an expert on that standard of care, the party offering the witness must establish that the *196 witness has more than a casual familiarity with the standard of care and treatment commonly practiced … The court must explain its reasons clearly on the record if it decides a sanction is appropriate.

Stanley D. Hendricks v. W. Va. Office of Insurance Commissioner/Patton, Inc.

West Virginia Supreme Court · May 22, 2013

The Office of Judges affirmed the claims administrator’s Order, and held that the preponderance of the evidence did not establish that Mr. … Hendricks has not shown that the Permanent Total Disability Review Board is clearly wrong. Dr. Guberman on July 13, 2010, found that Mr.

State of West Virginia ex rel. B.P. and West Virginia Department of Health and Human Resources v. Mark E. Wills

West Virginia Supreme Court · Mar 16, 2021

Finally, while the decision to grant or deny an improvement period is an act within the discretion of the circuit court, “a discretionary act is certainly not immune from the extraordinary remedy of a writ of prohibition. … The Court has also cautioned that the discretion afforded to circuit courts in granting improvement periods “does not serve as a blanket of immunity for the circuit court . . . .” In re J.G., 240 W.

Di Bacoo v. Benedetto

82 W. Va. 84 · West Virginia Supreme Court · Mar 19, 1918

If the release is not genuine it is fraudulent, and where fraud is relied upon by the one who is injured by it, he must, to succeed, clearly establish the nature and character of the fraud pleaded or no relief can be given … His testimony and that of Benedetto and Fred Ragonese, his clerk and bookkeeper, clearly establishes the identity of the ledger, and that of Benedetto and Ragonese the identity of both books, many of the entries in each being

Montgomery General Hospital v. West Virginia Human Rights Commission

176 W. Va. 580 · West Virginia Supreme Court · Jul 10, 1986

The Circuit Court of Fayette County concluded that the final order of the Commission was clearly wrong and reversed it. … It is clear that the Commission correctly found that the complainant established a prima facie case of unlawful discrimination.

Patricia S. Reed, Comm. W. Va. DMV v. Charles Lee Hussing

West Virginia Supreme Court · Jun 17, 2016

Upon consideration of the standard of review, the briefs, and the record presented, the Court finds no substantial question of law, and finds that the circuit court was clearly wrong in its decision. … To the contrary, our review of the record reveals that there is sufficient evidence to establish respondent’s failure to submit to a secondary chemical test of the breath.

Fortney v. Al-Hajj

188 W. Va. 588 · West Virginia Supreme Court · Dec 18, 1992

Wilson was “engaged or qualified in the same or substantially medical field” as Dr. Breland. … A physician’s experience may qualify him to testify regarding areas other than his board certified specialty.

Crump v. Beckley Newspapers, Inc.

173 W. Va. 699 · West Virginia Supreme Court · Jul 11, 1984

Two of these defenses, privilege and truth, allow a defendant to avoid all liability once established. There are two classes of privileges available in defamation actions: absolute and qualified. … As with the “public figure” doctrine, the “public interest” doctrine acts as a qualified privilege which immunizes a publisher from liability so long as abuse of privilege or actual malice are not present.

Town of Romney Housing Authority v. West Virginia Human Rights Commission

185 W. Va. 208 · West Virginia Supreme Court · Jul 31, 1991

He also found that the appellant was more qualified for the position of executive director than was Dale Moore. … After examining the record presently before the Court, this Court believes that the appellant has clearly established that she, as a female, is member of a group protected under the Human Rights Statute, that she applied

Boley v. Miller

187 W. Va. 242 · West Virginia Supreme Court · May 15, 1992

Instead, the Department pays for abortions which would otherwise qualify for federal reimbursement with state funds exclusively. … In other words, the legislature clearly understood that the fund would operate programs with different purposes and funding under the three categories outlined above.

State of West Virginia v. Richard Wakefield

236 W. Va. 445 · West Virginia Supreme Court · Nov 18, 2015

Porrata were qualified to render expert opinions on GHB intoxication at trial. … Code § 61-8B-1(5) (emphasis added)), which is not required to establish third degree sexual assault.