Case law

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

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

West Virginia Supreme Court · Mar 24, 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.

Donald Woods v. Jefferds Corporation

West Virginia Supreme Court · Feb 28, 2019

“In order to establish a case of discriminatory discharge under W.Va. … 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.

Perry v. Campbell's Adm'r

10 W. Va. 228 · West Virginia Supreme Court · May 1, 1877

He may demand, sue for, recover and receive all debts due to the decedent, and all his other personal estate, and, -likewise, if a will be in contest, any rents and profits of real estate which, if it were established, an … If that commissioner’s report be true, then clearly under the statutes and under the principles enunciated in Myers v. Wade, 6 Rand., 444 ; and Morrow’s adm’r v.

City of Fairmont v. Hawkins

172 W. Va. 240 · West Virginia Supreme Court · Jun 22, 1983

City of Huntington, supra, was whether the city had delegated its authority to establish and designate streets to the city engineer. … Strickland, [ 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975)] rule, the immunity defense would be unavailing to petitioners if the constitutional right allegedly infringed by them was clearly established at the time

State of West Virginia v. Shawn Douglas Newman

West Virginia Supreme Court · May 28, 2025

fatal kidney and lung disorders, brain damage, liver damage, blood clots, chronic depression, hallucinations, violent and aggressive behavior, malnutrition, disturbed personality development, deficient immune … This statute clearly indicates that the Legislature views methamphetamine as a serious threat to West Virginia citizens, and it did not limit its condemnation of methamphetamine to amounts above a certain quantity.

State Ex Rel. Jones v. Ingram

135 W. Va. 548 · West Virginia Supreme Court · Mar 1, 1951

Respondents, in their answer, allege that they are without knowledge as to whether Seabolt has established a *550 residence in the Town of Shrewsbury; that he was duly elected and qualified as mayor of the Town of Cedar Grove … It would be clearly an injustice to Seabolt to declare the office of mayor of ithe Town of Cedar Grove vacant in a proceeding wherein he is not a party and is not heard. *552 A determination of such vacancy must necessarily

Funeral Services by Gregory, Inc. v. Bluefield Community Hospital

186 W. Va. 424 · West Virginia Supreme Court · Dec 5, 1991

It is a well-established medical fact that the AIDS virus is transmitted through the exchange of bodily fluids, primarily blood or semen. … However, in order to establish fraud, the circumstances must be clearly alleged and proved. W.V.R.C.P. 8(e)(1), 9(b); Hager v. Exxon Corp., 161 W.Va. 278, 282-84 , 241 S.E.2d 920, 923 (1978).

Jenkins v. CSX Transportation, Inc.

220 W. Va. 721 · West Virginia Supreme Court · Jun 29, 2007

unless it clearly appears that its discretion has been abused.”). … Jenkins, the issue is not whether a neuropsychologist can qualify as an expert, but whether Dr. Phifer was qualified to render an opinion when he clearly admitted that he was not capable of doing so.

In Re Daniel D.

211 W. Va. 79 · West Virginia Supreme Court · Mar 15, 2002

Charlie A.L., 194 W.Va. 138 , 459 S.E.2d 415 (1995), we also explained: ‘Where the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we^ apply a de novo standard … Protective or limiting orders may also be utilized in conjunction with the grant of use immunity. In State v.

In re: S.C., K.R., E.H.

West Virginia Supreme Court · Jun 15, 2023

These findings shall not be set aside by a reviewing court unless clearly erroneous. … We turn next to the guardian ad litem’s second assertion that the father’s methamphetamine abuse qualified K.R. as a neglected child under West Virginia Code § 49-1-201.

Makarenko v. Scott

132 W. Va. 430 · West Virginia Supreme Court · Mar 8, 1949

But if such relation did exist between them the decision of this Court in the Tawney case is clearly to the effect that the workmen’s compensation statute does not relieve a fellow employee from liability for his negligent … That decision makes it plain beyond question that no such immunity exists in *452 favor of a fellow employee by virtue of the statute.

Cox v. Board of Educ. of Hampshire County

177 W. Va. 576 · West Virginia Supreme Court · Mar 18, 1987

Cheshire was clearly more qualified for the position than either of the appellants. By order entered November 7, 1984, the court dismissed the appellants’ petition and denied the relief prayed for. … Cheshire was more clearly qualified than either of the appellants by virtue of his prior experience as director of a transportation terminal, a position which required supervision of maintenance, safety programs and personnel

Daugherty v. Day

145 W. Va. 592 · West Virginia Supreme Court · Sep 20, 1960

We think it clearly established that respondent afforded McConnell an opportunity to plead, and received a plea of guilty at the city jail, in Gideon District, and then imposed the sentence for which he was confined in the … While such actions may be entirely unjustified in some circumstances, we think, in the circumstances clearly established in the instant proceeding, they are not of such nature as to warrant the removal of respondent from

Clarke v. West Virginia Board of Regents

166 W. Va. 702 · West Virginia Supreme Court · Apr 3, 1981

The court did hold that soverign immunity as construed by the Pennsylvania courts barred an otherwise justifiable award of back pay. … Other courts have refused to allow sovereign immunity to bar an award of back pay under the theory that states vest courts with *722 jurisdiction to review decisions involving tenured faculty and thereby waive sovereign immunity

Dodson v. Workers' Compensation Division

210 W. Va. 636 · West Virginia Supreme Court · Dec 13, 2001

an employment contract to establish an employment relationship covered by workers’ compensation. … We conduct our review of the evidence based on these well-established tenets.

Hosaflook v. Consolidation Coal Co.

201 W. Va. 325 · West Virginia Supreme Court · Dec 17, 1997

In order to establish a case of discriminatory discharge under W. … Justice Clecldey explained that to establish a prima facie case of disability discrimination, the plaintiff must show that he is a disabled person within the meaning of the law, that he is qualified to perform the essential

In re: N.R., A.R., AND A.W.

West Virginia Supreme Court · Nov 7, 2019

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Clearly, a “qualified expert witness” under the ICWA is not required to have specialized knowledge of tribal social and cultural standards in every instance.

State ex rel. Weirton Medical Center v. Mazzone

213 W. Va. 750 · West Virginia Supreme Court · Jul 3, 2003

This Court has established the following standard to apply when determining whether a writ of prohibition should issue: In determining whether to entertain and issue the writ of prohibition for cases not involving an absence … In the United States and other industrialized countries, rotavi-ruses are typically not fatal except in the very young or those with severely compromised immune systems.

Hancock County Board of Education v. Hawken

209 W. Va. 259 · West Virginia Supreme Court · Jul 12, 1999

Code, 18-29-1, et seq. (1985), and based upon findings of fact, should not be reversed unless clearly wrong.” Syl. pt. 1 Randolph County Board of Education v. Scalia, 182 W.Va. 289 , 887 S.E.2d 524 (1989). … Our Legislature has devoted great attention to the regulation of school service personnel, and has established an exhaustive list of class titles 3 describing the general duties of any person working as a school service employee