Case law

Lambert v. Workers' Compensation Division

211 W. Va. 436 · West Virginia Supreme Court · Jul 3, 2002

However, specialists may not be qualified to evaluate impairments outside their given specialty. … However, the record, when considered as a whole, does not clearly establish that Mr. Payne was PTD prior to April 5, 1999.

State ex rel. Daily Gazette Co. v. Bailey

152 W. Va. 521 · West Virginia Supreme Court · Jul 23, 1968

D. *522 Bailey, Secretary of State of West Virginia, to permit the petitioners “to inspect the certificates on file in his office which purport to establish the right of the ‘American Party’, its candidates for President … It is most relevant that these signers are required by statute to be “legally registered and qualified voters,” and that they may subscribe to such certificate only in the magisterial district in which they are qualified

White v. Berryman

187 W. Va. 323 · West Virginia Supreme Court · May 15, 1992

Having established the procedure for service of process on a public corporation, we address the service in this case. Here the service was attempted by serving Mr. … His affidavit clearly indicates that he was aware of the legal consequences of the suit.

State Ex Rel. McMahon v. Hamilton

198 W. Va. 575 · West Virginia Supreme Court · Dec 13, 1996

If a person under any disability does not have a duly qualified representative he may sue by his next friend. … If a person under any disability does not have a duly qualified representative he may sue by his next friend.

Clark v. Druckman

218 W. Va. 427 · West Virginia Supreme Court · Nov 30, 2005

The rationale behind the immunity afforded to defamatory statements is equally applicable to other misconduct occurring during the course of a judicial proceeding. … According to the statute, a certificate of merit executed by a qualified expert is also to be provided in most circumstances.

Verizon Services v. Board of Review of Workforce W. Va.

West Virginia Supreme Court · Nov 8, 2013

A finding is clearly wrong, also referred to as clearly erroneous, “when, although there is evidence to support the finding, the reviewing court on the entire evidence is left with the definite and firm conviction that a … It is undisputed that during the strike, this “normal” operation ceased entirely because the employer did not have qualified employees to continue retention operations.

Lockard v. Wiseman

139 W. Va. 306 · West Virginia Supreme Court · Feb 26, 1954

Shortly before or shortly after the action of the group in appointing Lockard as city manager- and Griffin as city clerk, the exact time not being clearly established, Wise-man, as presiding officer of the meeting, according … E. 153 , does not apply to the plaintiffs in the light of the established facts of this case.

Carol Kinsinger v. Todd Pethel

234 W. Va. 463 · West Virginia Supreme Court · Nov 13, 2014

STANDARD OF REVIEW This Court’s well-established standard of review of domestic relations proceedings was set forth in the syllabus of Carr v. … The Respondent husband was then 49 years old,. and would not qualify for full retirement benefits until reaching age 62. Id. at 725 , 671 S.E.2d at 730 .

Rose v. Oneida Coal Co., Inc.

180 W. Va. 182 · West Virginia Supreme Court · Dec 13, 1988

Wilpen Coal Co., 134 W.Va. 387 , 59 S.E.2d 655 (1950): The well recognized and firmly established rule is that when a landowner has conveyed the minerals underlying the surface of his land, he retains the right to the support … of the surface in its natural state unless it clearly appears, by express words or by necessary implication, that he has released, waived, or qualified his right to such support.

Crossland v. Crossland

53 W. Va. 108 · West Virginia Supreme Court · Apr 4, 1903

On the 29th day of Auguse, 1901, America Victoria Crossland, one of the heirs, was appointed and qualified as administrator. … In this case thus vital and salutary provision of our fundamntal law was clearly violated.

Slack v. Kanawha County Housing & Redevelopment Authority

188 W. Va. 144 · West Virginia Supreme Court · Jul 9, 1992

Accordingly, the circuit court clearly erred in setting aside the verdict on the invasion of privacy claim in reliance on the jury’s response to the special interrogatory. … Smith on the ground that as a federal official he was entitled to qualified immunity for his discretionary acts. 3 . We first acknowledged an action for invasion of privacy in Roach v.

Mildred L.M. v. John O.F.

192 W. Va. 345 · West Virginia Supreme Court · Dec 8, 1994

Based on the foregoing, we find that the evidence clearly preponderates against the verdict in this case. Syllabus Point 5 of Estate of Bayliss by Bowles v. … Inculpatory HLA blood-tissue test evidence is not admissible absent a proper foundation establishing that the proper testing procedures were employed and that the expert witness who interprets the test results is qualified

Underwood Typewriter Co. v. Piggott

60 W. Va. 532 · West Virginia Supreme Court · Nov 20, 1906

Such decisions thus seem clearly to involve constitutional questions, and this view seems to harmonize with that presented in Elliott ón Appellate Procedure, section 33, where it is said: ‘ ‘It must fairly appear that a constitutional … upon commerce between the states or with foreign countries. ” That a statute, intended to place restraint upon such transactions, in the form of an inhibition to sue, or otherwise, would be unconstitutional and void is established

Wolfe v. County Court of Jackson County

119 W. Va. 362 · West Virginia Supreme Court · Nov 2, 1937

The position of the Jackson Herald remains the same as in 1936 and it need not be further considered, except that it is to be understood as the one newspaper clearly entitled to publish the delinquent list, calling upon the … other papers in question to establish that they are opposite in politics to it.

State of West Virginia ex rel. West Virginia University Hospitals, Inc. d/b/a J.W. Ruby Memorial Hospital v. The Honorable Michael D. Simms, Judge of the Circuit Court of Monongalia County, West Virginia and Cody Morton and Brooke Morton, individually and as administrators of the Estate of Brody William Morton

West Virginia Supreme Court · May 29, 2026

The Mortons responded to the Hinchman letter with a second screening certificate of merit from Michael Seaver, a registered nurse and clinical informaticist qualified in electronic medical record systems to opine as to … Cipoletti was an interlocutory appeal of an immunity determination, involving whether the circuit court erred in determining that the MPLA applied to the claims so as to deprive the State of its immunity. 250 W.

Toppins v. Oshel

141 W. Va. 152 · West Virginia Supreme Court · Oct 18, 1955

The objection to the testimony of this witness on that point is that he was not qualified to testify as to the value of the timber. … 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 appears that its discretion

State v. Harrison

130 W. Va. 246 · West Virginia Supreme Court · Jun 10, 1947

In the statute then before this Court the acts forbidden were qualified by relative and ambiguous terms. … No such qualifying terms of a relative or indeterminate character are to be found in the statute now under review.

Putnam County Fire Service Board, Inc. v. Kelly

192 W. Va. 37 · West Virginia Supreme Court · Jul 8, 1994

The statute clearly requires that the protest petition be ‘filed with the municipal authority within fifteen days after the expiration of such publishing * * That language is clear, unambiguous and imperative. … According to the record, Putnam County had 18,050 qualified voters.

The Estate of David Moore v. Joy Moore

West Virginia Supreme Court · Sep 15, 2023

a final order entered by a circuit court judge upon a review of, or upon a refusal to review, a final order of a family court judge, we review the findings of fact made by the family court judge under the clearly … Va. 602, 775 S.E.2d 483 (2015) (“A family court has the necessary authority to posthumously enforce, revise, modify, or amend a domestic relations order for the purpose of establishing such order as a qualified domestic relations

State v. Stewart

187 W. Va. 422 · West Virginia Supreme Court · May 28, 1992

Dunn, 162 W.Va. 63 , 246 S.E.2d 245 (1978), this Court ruled that improper remarks are not reversible error unless, when considering the whole trial, the statements work “a manifest injustice” or “clearly prejudice the accused … Gallemore as a better qualified expert.