Case law

Sedgmer v. McElroy Coal Co.

220 W. Va. 66 · West Virginia Supreme Court · Dec 12, 2006

This enactment included the aforesaid grant of immunity for employers in good standing from civil suit by injured employees. … I dissent because the majority opinion answered a question that was clearly a question of fact designated for trial by a jury.

Thomas v. Jones

105 W. Va. 46 · West Virginia Supreme Court · Jan 24, 1928

Suppose one person assaults his co-partner, is the wrongdoer immune from liability because they were engaged at the time of the assault in the partnership business? … The leaving out of these qualifying words was criticised in State v. Green, 101 W. Va. 703, and in State v. Lee, 103 W. Va. 631 , 138 S. E. 323 .

State ex rel. Morrison v. Freeland

139 W. Va. 327 · West Virginia Supreme Court · Feb 26, 1954

Va. 89 * * We think the rule deducible from the authorities cited is clearly stated in 67 C. J. … That right, however, is clearly denied by the statute.

Butts v. Houston

76 W. Va. 604 · West Virginia Supreme Court · Sep 21, 1915

'Whatever reasonably tended to establish express knowledge, or knowledge inferred or. implied from circumstances, was competent. … The requirement of actual personal knowledge, such as the instructions constructively deemed essential, effectually would postpone liability until after the infliction of a similar injury, thus affording immunity so long

Christopher E. Johnson v. Brayman Construction

West Virginia Supreme Court · Mar 28, 2014

Petitioner alleged that he was required to handle the hose with no job safety training; 1 This was petitioner’s first day on respondent’s grout crew. 2 In order for an employer to lose its immunity … (4) The employer shall permit only those employees qualified by training or experience to operate equipment and machinery.

Campbell v. Campbell

194 W. Va. 334 · West Virginia Supreme Court · Jul 11, 1995

Based upon allegations made by the Appellant, the father initially denied paternity of the youngest child. 1 Subsequent to blood tests in March 1992 establishing the Appellee’s paternity, he has not readdressed the issue … recommendation, findings and conclusions of a master found to be: (1) Arbitrary, capricious, an abuse of discretion or otherwise not in conformance with the law; (2) Contrary to constitutional right, power, privilege or immunity

Grose v. Grose

222 W. Va. 722 · West Virginia Supreme Court · Nov 6, 2008

The language of the equitable distribution order quoted at the outset of this opinion 5 clearly places no duty of notification on Appellant in this regard. … The office of family court judge was established and the law governing domestic relations law was recodified in 2001. See W.Va.

James C. Weimer v. Public Service Commission of W.Va. and Robert Weiford

West Virginia Supreme Court · Jun 29, 2018

Weiford would know to apply due to the “Engineer Senior” posting which “established” the job opening. … Accordingly, upon our review of the record, we find that the ALJ was not clearly wrong in finding that petitioner failed to meet his burden of proving, by a preponderance of the evidence, that he was the most qualified candidate

Mitchell v. Penny

66 W. Va. 660 · West Virginia Supreme Court · Jan 25, 1910

After his death, the widow, having qualified as guardian for her children, received government pensions for them. After having so qualified, she married and removed from the state. … Nor can the termination of the guardianship* however effected, do away with rights accrued, or certain relations established, while the guardianship endured.

Stephen L.H. v. Sherry L.H.

195 W. Va. 384 · West Virginia Supreme Court · Jul 24, 1995

recommendation, findings and conclusions of a master found to be: “(1) Arbitrary, capricious, an abuse of discretion or otherwise not in conformance with the law; "(2) Contrary to constitutional right, power, privilege or immunity … standard, or to put it another way, whether the rule of law as applied to the established facts is or is not violated.” 456 U.S. at 289 n. 19, 102 S.Ct. at 1790 n. 19, 72 L.Ed.2d at 80 n. 19.

State Ex Rel. Jones v. Recht

221 W. Va. 380 · West Virginia Supreme Court · Nov 8, 2007

Jones sought to establish the extent to which the injuries that Dr. Naum contended had resulted from his accident with Mr. Jones were likely attributable thereto. … BENJAMIN, Justice, concurring: I write separately to make clear that, so long as an adequate foundation is established for his opinion, Dr. Peter E. Shepek (hereinafter "Dr.

Daily Gazette Co. v. West Virginia Board of Medicine

177 W. Va. 316 · West Virginia Supreme Court · Dec 10, 1986

The provisions struck down by the circuit court generally provide that the reports and records of the Board and of peer review committees are strictly confidential and immune from discovery. … The Hospitals also advance the public policy argument that the interests served by protecting the confidentiality of peer review records and proceedings clearly outweigh the public’s interest in access to such materials.

Rand v. Miller

185 W. Va. 705 · West Virginia Supreme Court · Jul 25, 1991

We need not make a definitive statement on the question of whether a physician hired by an employer to examine an employee is totally immune from a malpractice action brought by the employee. … Ogden Newspapers, Inc., 170 W.Va. 318 , 294 S.E.2d 121 (1982), we stated: “ ‘An action for libel is governed by the one-year limitation period established by W.Va.Code, 55-2-12(c).’ Syllabus, Cavendish v.

State v. Satterfield

193 W. Va. 503 · West Virginia Supreme Court · Apr 13, 1995

Eventually, the trial court did grant immunity to Moore and Thomas for their testimony at trial. … Clearly, there was evidence that Moore wrote the suicide note with the belief that he was facing imminent death because he killed himself soon after writing the note.

Guyan Valley Hospital, Inc. v. West Virginia Human Rights Commission

181 W. Va. 251 · West Virginia Supreme Court · Jul 3, 1989

Bradsher was qualified for the job by two years of college and two months experience as a nurse’s aide. … Or, more clearly put, “I was [not hired] because I was [black].” Id. 178 W.Va. at 170 , 358 S.E.2d at 429, n. 5 .

Smith v. Harmer

135 W. Va. 380 · West Virginia Supreme Court · Feb 13, 1951

E. 1070 , the putative father of decedent qualified as administrator of *386 his estate within thirty days of his death. … Of course, if there be no question as to the suitability of such person or the unsuitability be not clearly established by proper proof, those designated by the statute have the absolute right to the appointment.

State v. Pietranton

140 W. Va. 444 · West Virginia Supreme Court · Nov 23, 1954

After certain jurors had qualified, a prospective juror, while being examined on his voir dire in the presence and hearing of jurors who had qualified, stated: “Your Honor, I have got a leg off below the knee, and I am afraid … In the selection of a jury in a criminal case or a civil action a trial court is vested with a sound discretion and its action in excusing a qualified juror and in excluding a qualified juror upon challenge for cause will

Finch v. Inspectech, LLC

229 W. Va. 147 · West Virginia Supreme Court · May 24, 2012

Therefore, it is recommended [that] a qualified structural engineer examine all areas in question to determine if additional repairs are required or should these recent cracks be monitored. … Va.Code § 20-3B-1 et seq., imposes in general terms certain statutory duties upon commercial whitewater outfitters ...; recognizes liability for violation of these statutory duties; and immunizes commercial whitewater outfitters

West Virginia University v. West Virginia Human Rights Commission

217 W. Va. 174 · West Virginia Supreme Court · Jul 12, 2005

The record clearly establishes that Ms. Prince was not capable of performing the essential functions of her job as a patient escort as a result of her disability. … Prince simply failed to qualify for any of the vacant positions. IV.

Robert Eagle v. Eastern W. Va. Community and Technical College, etc.

West Virginia Supreme Court · Apr 7, 2017

Terrell’s immunity. … The circuit court clearly imposed on Petitioner a higher standard than this Court has established for the sufficiency of pleadings in the context of a Rule 12(b)(6) motion.