Case law

Dzinglski v. Weirton Steel Corp.

191 W. Va. 278 · West Virginia Supreme Court · May 26, 1994

[A] bad motive will defeat a qualified privilege defense ... … Dzinglski’s alleged improprieties was subject to a qualified privilege.

Raymond T. Hatfield v. Huntington Alloys Corp.

West Virginia Supreme Court · Dec 3, 2014

Tao is best qualified to opine that his symptoms have not improved since the initial left shoulder arthroscopy because he has operated on him in the past and knew what his symptoms were prior to the arthroscopy. Mr. … The Office of Judges found that the evidence establishes Mr. Hatfield has good range of motion in the left shoulder and excellent strength.

Hall v. Philadelphia Co.

72 W. Va. 573 · West Virginia Supreme Court · May 27, 1913

A house has an exterior as well as an interior, and things connected with it on the outside are clearly things of or pertaining to it. … That *579 the flambeau light involves an extravagant and wasteful consumption of gas is fully established by the evidence.

Napier v. Lincoln County Bd. of Education

209 W. Va. 719 · West Virginia Supreme Court · Jul 2, 2001

Va.Code, 18-29-1, et seq. (1985), and based upon findings of fact, should not be reversed unless clearly wrong.”). III. … We therefore hold that in the absence of express statutory authority to the contrary, county boards of education have no power to create separate and legally distinct organiza *725 tions that are otherwise immune from the

Mallet v. Pickens

206 W. Va. 145 · West Virginia Supreme Court · Jul 21, 1999

Clearly, the average person paying premiums for a homeowners policy would expect a friend or loved one to be covered in any situation that the mailman would be covered. … Clearly the justices underestimated the degree of hesitation, but today we do our part by wading out of the “semantic morass.”

Rosciti Construction Co. v. Louise Moran, Widow

West Virginia Supreme Court · Nov 4, 2015

The Board of Review modified the Order of the Office of Judges to reflect that Edward Moran, William Moran’s father, was dependent, in part, on his son’s earnings but does not qualify as wholly dependent under West Virginia … The evidence establishes that Mr. Moran’s father receives $1,500 per month in Social Security benefits.

State Ex Rel. Browning v. Blankenship

154 W. Va. 253 · West Virginia Supreme Court · Jun 16, 1970

On February 14, 1970, the Legislature of West Virginia, during its 1970 regular session, passed a Budget Bill, known as Enrolled Committee Substitute for Senate Bill No. 1, effective from its passage, which established the … Among the changes established by the Amendment was the transfer of the budget making power from the Board of Public Works to the Governor and the incorporation of certain express provisions empowering the Governor upon the

State of West Virginia v. Larry T. Huffman

West Virginia Supreme Court · Dec 7, 2020

it clearly appears that its discretion has been abused.” … A review of the record establishes that Sgt.

Durham v. Jenkins

229 W. Va. 669 · West Virginia Supreme Court · Nov 9, 2012

“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 of review.” Syl. pt. 1, Chrystal R.M. v. … Statutory construction establishes that the second sentence of § 19-20-20 is linked to the established criminal nature of the first sentence.

In re L.T.

West Virginia Supreme Court · Feb 2, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … to the circuit court within this framework is intended to allow the court to fashion appropriate measures and remedies to highly complex familial and inter- personal issues—it does not serve as a blanket of immunity

Erie Insurance Property & Casualty v. King

236 W. Va. 323 · West Virginia Supreme Court · Nov 9, 2015

Clearly, this is an administrative appeal of a rate and form filing approval. … King that were clearly taken out of context or simply misunderstood.

Mahmoodian v. United Hospital Center, Inc.

185 W. Va. 59 · West Virginia Supreme Court · Apr 25, 1991

Thus, the members of the hospital’s medical staff must be legally, professionally and ethically qualified. 5 W.Va.Code of State Rules §§ 64-12-14.1.1, 64-12-14.1.-1(c)(3) (1987). … In this regard the ethical standards established by the American College of Obstetricians and Gynecologists, of which Dr.

In re K.B.-R. and L.R.

West Virginia Supreme Court · Mar 16, 2021

supervisor; a law enforcement officer who conducted a criminal investigation of the allegations; the children’s paternal grandmother; petitioner; the children’s forensic interviewer; the children’s therapist; and a witness qualified … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Baltimore & Ohio Railroad v. Allen

58 W. Va. 388 · West Virginia Supreme Court · Nov 28, 1905

Total want of remedy at law and inadequacy thereof in view of the peculiar situation of the parties, respecting property and personal, rights, necessitated the establishment of the system known as equity jurisprudence for … While conferring upon it all the privileges and immunities incident to residence, the legislature endeavored to imxiose the liabilities incident thereto.

Wait v. Homestead Building Ass'n

76 W. Va. 431 · West Virginia Supreme Court · Jun 1, 1915

Peadro qualified as the executor of his will. Straus and Smith were sureties in some of the bonds as well as trustees in the assignment. … Bach bond was conditioned for faithful performance of duty during the term of office and until the successor should be elected and qualified.

Ballard's Farm Sausage, Inc. v. Dailey

162 W. Va. 10 · West Virginia Supreme Court · Jul 11, 1978

Code, ll-13-2b [1974] which establishes the manufacturing rate classification. … not the “dressing and processing of food” but the pasteurization of milk clearly is.

Fisher v. Flanagan Coal Co.

86 W. Va. 460 · West Virginia Supreme Court · May 11, 1920

A de facto occupation of the land by the county court clearly suffices. It would, if the, action were against the county court instead of the coal company. … But the action of the county court and the public established a status of which the defendant was bound to take notice, in its conduct in the premises, if it had knowledge of such status.

Arbaugh v. Board of Education

214 W. Va. 677 · West Virginia Supreme Court · Dec 3, 2003

These measures clearly encourage early intervention to further the clear overall legislative goal of protecting vulnerable children from abusive situations. … In addition to the reporting and criminal liability provisions we have thus far discussed, the article also contains provisions regarding civil and criminal immunity for those who make a report and abrogation of the rule

Adkins v. Leverette

164 W. Va. 377 · West Virginia Supreme Court · Mar 25, 1980

It has been established that the continuances of the trial on indictment No. 1707 were granted upon the motion of the then defendant. It also appears that the jury impaneled to hear that case was discharged. … Here it clearly appears that the defendant, believing that the delay was beneficial, requested and was granted several continuances. By his actions he, at least impliedly, consented to the discharge of the jury.

Kimmel v. Shroyer

28 W. Va. 505 · West Virginia Supreme Court · Sep 22, 1886

Kimmel, the latter oí whom was duly appointed and qualified as the administrator of her estate with the said will annexed. On May 20, 1883, S. P. … Is it the intent and purpose of the statute in such case to permit Shroyer to establish his title to said three bonds by his own testimony?