Case law

Pickens v. Department of Highways

15 Ct. Cl. 203 · West Virginia Court of Claims · Nov 21, 1984

The Court is fully aware that the inspection was performed by someone not technically qualified to do so; nevertheless, the conscious appreciation of risk ceased. … Legislature passed a legislative standard for loss of employer immunity. W.Va.

Nichols Engineering & Research Corp. v. Haden

9 Ct. Cl. 4 · West Virginia Court of Claims · Jul 13, 1971

PETROPLUS, JUDGE: The Petitioner is Nichols Engineering and Research Corporation, a Delaware corporation, with its principal business office in New York City, and has duly qualified as a foreign corporation to do business … Chapter 14 of the Code established the Court of Claims in 1967 and defined its general jurisdiction with limitations.

Russell Transfer, Inc. v. Department of Finance & Administration

10 Ct. Cl. 40 · West Virginia Court of Claims · Dec 4, 1973

Inasmuch as the claimant has no remedy against the State in a legal action because of sovereign immunity of the State from suit, the Court of Claims was created to enforce contracts which should be binding upon the State. … It is an administrative function that establishes a contract to be within limits and designed to protect the State against overspending units.

Shaffer v. Board of Regents

9 Ct. Cl. 213 · West Virginia Court of Claims · Jan 3, 1973

“In all cases where there has been heretofore established, or where there is hereafter established, one or more sidewalks along any street or alley, or part thereof, within the city, it shall be the duty of the owners of … This Court is constrained by statute to make awards only in those cases where a recovery would be allowed in the regular courts of the State except for the doctrine of sovereign immunity.

Perdue v. State Road Commission

2 Ct. Cl. 312 · West Virginia Court of Claims · Jul 17, 1944

Two well established legal doctrines determine their immunity from liability. •1st. … “Where they have acted outside of any suggested benefit to public travel and destroyed property they cannot plead governmental immunity, their act is clearly illegal.” Wadsworth v.

City of Morgantown v. Board of Governors of West Virginia University

7 Ct. Cl. 174 · West Virginia Court of Claims · Nov 8, 1968

The State has yielded its sovereignty in many areas where it has established corporate municipalities, corporate organizations and other institutions which have the right to enact laws, levy taxes and fees and otherwise act … The wording of the definition of “state agency” to the effect that such an agency means a state department, board, commission, or other administrative agency of the state government, clearly limits such an agency to one which

Airkem Sales & Service v. Department of Mental Health

8 Ct. Cl. 180 · West Virginia Court of Claims · Jan 19, 1971

not be paid out of the current appropriation, clearly exceeds the jurisdiction of the Court. … It is true that the commodities and services were furnished and the State has received the benefit thereof, but that in itself is insufficient to establish a legal obligation to make payment when the above quoted Statutes

Burgess v. State Road Commission

2 Ct. Cl. 140 · West Virginia Court of Claims · Jul 22, 1943

He testified very clearly as to the point where the automobile was precipitated over the embankment. … The immunity of a state from liability for torts of its servants and agents rests on public policy. Id. The state cannot waive its constitutional immunity from suit.

Newcome v. Civil Service System

10 Ct. Cl. 146 · West Virginia Court of Claims · Dec 9, 1974

As required by law, she, as did all employees at the school, took the civil service qualifying examination and passed the same with a score on the cook examination of 72.50. … While the claimant’s work records do reflect that she worked on an almost regular basis during the summer months, the testimony and exhibits clearly reflect that she was always classified during her last four years of employment

Huffman v. Department of Highways

11 Ct. Cl. 9 · West Virginia Court of Claims · Sep 9, 1975

We are of the opinion that the evidence in this case fails to establish any negligence on the part of the respondent. … The duty owed by respondent to the claimant in this case was also clearly set forth in Parsons v. State Road Commission, 8 Ct.

Rivers v. Department of Highways

9 Ct. Cl. 45 · West Virginia Court of Claims · Dec 27, 1971

Adequate sewage disposal was an essential requirement to establish eligibility for the housing-allowance. … This defense is not tenable, and is not supported by the evidence, but on the contrary, the evidence adduced clearly *48 and persuasively established that the Respondent undertook to provide a sewage disposal system without

Esposito v. West Virginia Board of Regents

8 Ct. Cl. 223 · West Virginia Court of Claims · Mar 29, 1971

The facts in that case, in the opinion of this Court, clearly substantiated her right to be considered eligible as a resident student when she became a full time student. … As we are of the opinion that the claimant did not qualify as eligible for resident status in the matter of his tuition fees, and that the action of the Board of Governors was within its authority, we hold the claimant is

Highway Engineers, Inc. v. State Road Commission

8 Ct. Cl. 68 · West Virginia Court of Claims · Jan 14, 1970

The Claimant undoubtedly anticipated more work under Phase II than it actually received, but their wishes and anticipations do not establish a legal right; nor do they establish an ambiguity in the Contract. … The compensation for Phase II, although first stated in a lump sum of $119,637.00, based on a complete study for 160 miles, is qualified by an additional formula of adjustment, which states that more or less mileage than

Catron v. State Road Commission

4 Ct. Cl. 185 · West Virginia Court of Claims · Nov 4, 1948

We are of opinion that his deposition very clearly establishes the origin of the fire. … The Legislature is not prevented from recognizing claims founded on equity and justice though they are not such as could have been enforced in a court of law if the state had not been immune from suit.

Richards v. Board of Education

1 Ct. Cl. 142 · West Virginia Court of Claims · Apr 21, 1942

the last part of said section, referring to such a proportion of the amount required for the support of free schools to be raised in each county or district, where situate, by authority of the people thereof, is found the qualifying … appropriation to relator could best be accomplished by a general, or by a special, act, and determined in favor of the latter; and, having so determined, the court is not at liberty to say that it abused its discretion, unless it clearly