Case law

Newhouse v. England

118 W. Va. 649 · West Virginia Supreme Court · May 18, 1937

Strieklen was clearly incompetent because, as persons interested in the event of the suit (the wife directly, and the husband indirectly because of the marital relation), they were undertaking to testify with respect to communications … The testimony of these two qualified witnesses falls far short of establishing an express parol trust as averred by the cross-bill complainants. Such á trust can be established only by clear and convincing evidence.

Morgan v. Mayes

170 W. Va. 687 · West Virginia Supreme Court · Sep 20, 1982

Anchor Motor Freight, Inc., 169 W.Va. 698 , 289 S.E.2d 679 (1982); (retroactively applying our abolition of interspousal immunity). Nowhere is this policy more evident than in workmen’s compensation cases. … Stewart, 128 W.Va. 703 , 37 S.E.2d 563 (1946), is disapproved. 4 As an *690 heir who would take in the absence of a will, appellant clearly is an interested person entitled to attempt to impeach that will. Jackson v.

Raleigh Lumber Co. v. Wilson & Son

69 W. Va. 598 · West Virginia Supreme Court · Oct 24, 1911

The evidence fully establishes this. Presumptively, the plaintiff knew it, but we are not left to mere presumption. … The failure to stipulate for certain percentages of widths was clearly not a waiver of all right on the part of the vendees in respect to that.

Brent O. and Sylvia Michelle Sparks v. Jayson P. Groves

West Virginia Supreme Court · Jun 24, 2013

Nevertheless, we find that Officer Caprio was properly qualified as an expert. We have held that an officer, who is qualified as an expert, may render an opinion as to who was at fault in the accident. Jones v. … The evidence established that Mr. Sparks’ dune buggy had a bench seat and a steering wheel. Therefore, Mr. Sparks’ dune buggy is clearly not an “ATV” as defined by the Code.

List v. City of Wheeling

7 W. Va. 501 · West Virginia Supreme Court · Jul 13, 1874

This may be true but I do not now decide that question — regarding it immaterial to this case, as I am clearly of the the opinion that the said third section does not qualify or suspend the operation and effect of said eighth … The jurisdiction of equity in such cases as this seems to be established by a number of judicial decisions.

Robinson v. Continental Casualty Co.

185 W. Va. 244 · West Virginia Supreme Court · Jun 27, 1991

Of course, the insurance company or the doctor could move the court to restrict production of documents that would qualify as work product or would be otherwise privileged. … The liability and damages are not established until the appeal is decided. The plaintiffs rely primarily upon two cases, Rolden v.

Collins v. New York Casualty Co.

140 W. Va. 1 · West Virginia Supreme Court · Jun 1, 1954

So clearly the question whether the casualty company is liable for the alleged injuries incurred by Jean Morrison, plaintiff in the other action, does not bear upon the liability in the instant action. … An examination of the authorities cited in the briefs of counsel and the annotations and texts heretofore cited clearly shows that the great weight of authority is to the effect that apart from slight deviations from the

In Re: R.B. and T.B.

West Virginia Supreme Court · Jun 19, 2017

According to the evaluation report, ten-year-old T.B. was never formally schooled and/or immunized. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

State of West Virginia v. Adonne A. Horton

West Virginia Supreme Court · Apr 10, 2023

Such conduct the State contends clearly amounts to a threat of violence. Again, we agree. … We determined in Norwood that “evading police” is an offense that “clearly carries with it the risk of violence.” Id. at 158, 832 S.E.2d at 84.

State ex rel. Grant County Commission v. Judge Nelson

West Virginia Supreme Court · Mar 23, 2021

from liability pursuant to the Tort Claims Act regardless. 1 The concurrence/dissent’s view that “person” necessarily means anyone who does not otherwise qualify as one of the other designations under … However, having established that Ms.

Gentry v. Mangum

195 W. Va. 512 · West Virginia Supreme Court · Dec 8, 1995

Rule 702 permits a circuit court to qualify an expert by virtue of education or experience or by *525 some combination of these attributes. 18 As discussed below, we have stated clearly that a broad range of knowledge, skills … Of course, ultimately a court establishes the particular standard of care under a given set of facts, the jury then determine whether a defendant’s conduct falls short of this standard.

Leach v. Buckner

19 W. Va. 36 · West Virginia Supreme Court · Dec 3, 1881

The depositions clearly show, that the administrator received $1,500.00 purchase-money from Byrd, with which he failed to charge himself; and that he had given himself credit for $500.00, as paid to Mrs. … Taking into view the character of the suit in chancery brought to establish a prior title originating under the land-law of Virginia against a person claiming under a senior patent, considering it as a substitute for a caveat

State of West Virginia v. Shawn M. Tant

West Virginia Supreme Court · May 17, 2013

Petitioner first argues that the circuit court erred by denying petitioner’s motion for a directed verdict, as the evidence presented by the State clearly established overwhelming evidence of entrapment. … According to the State, the record clearly demonstrates that petitioner was aware of the prior agreements.

State v. Dean

134 W. Va. 257 · West Virginia Supreme Court · Apr 4, 1950

Generally, it is the law that the challenge of a venireman that he is not qualified, according to law, comes too late after he is sworn to try the issue. Thompson v. … No further duty rested upon the court; and, because Burns’ answer was in the negative, counsel for the defendant had reason to believe that he was qualified as a juror.

In the Interest of Moss

170 W. Va. 543 · West Virginia Supreme Court · Jul 15, 1982

However, it is desir *548 able to have a single clearly articulated definition applicable to arrest, issuance of a warrant, preliminary examination, as well as juvenile transfer. … The appellant asserts that the probation officer was not qualified to give an expert opinion.

State ex rel. Valley Radiology, Inc. v. Gaughan

220 W. Va. 73 · West Virginia Supreme Court · Nov 29, 2006

The jury was clearly misled as to the duty to award damages. … Moss, 189 W.Va. 570 , 433 S.E.2d 281 (1993) (categorizing inadequate jury awards into four typologies and describing type four as case where liability was clearly established and jury was confused only as to measure of damages

Heck v. Heck

171 W. Va. 527 · West Virginia Supreme Court · Nov 19, 1982

McCoy, 167 W.Va. 59 , 278 S.E.2d 357 (1981) was “clearly wrong”, and declined to follow it. … It remains only for us to apply the law established in Garska to the facts of this case.

Hall v. Nello Teer Company

157 W. Va. 582 · West Virginia Supreme Court · Mar 12, 1974

The defendant contends that Waller should have been allowed to tell the jury why, in his opinion, the rock fell, because Waller was qualified to give his opinion. … be disturbed unless it clearly appears that its discretion has been abused.”

Ruby v. Insurance Com'n of West Virginia

197 W. Va. 27 · West Virginia Supreme Court · Jun 13, 1996

for the position or opening; (3) that he or she was rejected despite his or her qualifications; and (4) that after the rejection the respondent continued to accept the applications of similarly qualified persons. … This is the most damaging evidence against the Insurance Commission because it establishes a retaliatory motive. In addition, Ms. Ruby was dismissed shortly after Mr.

Ohio Cellular Rsa Ltd. Partnership v. Board of Public Works

198 W. Va. 416 · West Virginia Supreme Court · Nov 18, 1996

Originally, the FCC awarded some of tíie licenses to the traditional, wire-based telephone companies, and the other licenses were awarded through a lottery system to businesses who qualified for the licenses. … In spite of this general rule, the Supreme Court of the United States has noted that the doctrine of federal immunity from state taxation "has become a 'much litigated and often confused field,’ ... one that has been marked