Case law

Blevins v. Beckley Magnetite, Inc.

185 W. Va. 633 · West Virginia Supreme Court · Jul 29, 1991

In Maples, not only was it clearly established that it was the general practice of employees to take the hot grease out the back door and down the grassy slope without a lid, but it was also established that the employer … As previously held by this Court in syllabus point 1 of Mayles “[t]he statute creating a legislative standard for loss of employer immunity from civil liability for work-related injury to employees found in W.Va.Code § 23

Wilson Bros. v. Bush

70 W. Va. 26 · West Virginia Supreme Court · Nov 28, 1911

We are, therefore, of the opinion that this instruction was clearly erroneous in that it propounded a wrong test or measure-of duty and also may have confused and misled the jury. … and the owner of adjacent premises, we think the principle clearly applicable here and fully justified the court in refusing this instruction.

McClure v. Norfolk & Western Railway Co.

83 W. Va. 473 · West Virginia Supreme Court · Feb 25, 1919

On the other hand, plaintiffs contend that, Kenova being a station at which defendant maintained a regular freight agent, the provision does not apply, that the phrase, “at which there is no regularly appointed agent,” qualifies … It is clearly established by the evidence that Kenova is a station at which defendant maintains a regularly appointed agent; and the fact that plaintiffs’ private siding was from a half to three-quarters of a mile distant

State Ex Rel. Musick v. Londeree

145 W. Va. 369 · West Virginia Supreme Court · Jun 28, 1960

Jones, theretofore a lieutenant in the police department, was promoted and qualified *371 as a captain in the police department, and that relator was then the only sergeant on the police force eligible to the vacancy of a … In the instant proceeding the admission that there is no set number of lieutenants in the City of South Charleston clearly raises the question of whether the position formerly occupied by Lieutenant Jones, which relator claims

Davis Memorial Hospital v. West Virginia State Tax Commissioner

222 W. Va. 677 · West Virginia Supreme Court · Oct 14, 2008

established. … Va.Code, 11-15-6, provides that *684 all sales and services are presumed to be subject to the tax until the contrary is clearly established.

Dorsey v. Bolen

District Court, S.D. West Virginia · Oct 27, 2021

Finally, WVDOC argues that dismissal is warranted because it is entitled to qualified immunity on Plaintiff’s state law claims. (Id. at 6–7.) … immunity.

State of West Virginia ex rel. Catie Wilkes Delligatti, Prosecuting Attorney of Berkeley County v. The Honorable Bridget Cohee, Judge of the Circuit Court of Berkeley County, and Lateef Jabrall McGann

West Virginia Supreme Court · May 26, 2023

Code § 61-5-17(f), as a “qualifying offense” in West Virginia Code section 61-11-18(a). 3 See W. Va. … any event, we find that Housden is not controlling, and in light of the Rule 10(e) violation see no need to discuss it. 5  West Virginia Code section 61-11-19 establishes

FOUNTAIN PLACE CINEMA 8, LLC v. Morris

227 W. Va. 249 · West Virginia Supreme Court · Feb 17, 2011

Clearly, the Legislature did not intend this financially crippling definition. … For example, under Syllabus point 4, every qualified bar 5 in the State that has a pool table or any other type of “diversion” now qualifies for the tax credit under the Economic Opportunity Tax Credit Act.

Bower v. DAILY GAZETTE COMPANY

143 W. Va. 719 · West Virginia Supreme Court · Jul 3, 1958

that while the record in the England case was such as to warrant the conclusion that plaintiff therein received no part of any premium paid to the insurance agency by which he was employed, the record in the instant case establishes … responsibility not to maliciously and untruthfully defame an individual citizen, and not to unfairly and unreasonably comment on such actions, though in certain types of cases, not involved here, absolute privilege, and immunity

Kanawha County Board of Education v. Brenda Hall and Antonia Vaughan

West Virginia Supreme Court · Nov 6, 2023

The circuit court concluded that the Grievance Board’s decision was “clearly erroneous as it goes against the plain meaning of the statute.” … Clearly, there is no merit to this argument as amendments to statutes do not nullify the previous version of the law.

State v. McCallister

178 W. Va. 77 · West Virginia Supreme Court · May 15, 1987

Although there was ample evidence to show aiding and abetting *80 after the robbery, she was immune to prosecution from this crime based on W.Va. … and abetting” and “at least two specific points would be very clearly exculpatory of the defendant that’s on trial today.”

Tracy Brownell v. Greenbrier Veterinary Hospital

Intermediate Court of Appeals of West Virginia · Nov 1, 2023

Marvin is in the insurance carrier’s network, or that her situation qualified as an exception that would allow her to access an out-of-network consultation. … The record establishes that Ms.

State v. Wood

194 W. Va. 525 · West Virginia Supreme Court · Jul 14, 1995

that point will not ordinarily be disturbed unless it clearly appears that its discretion has been abused.” … In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.

Farmer v. Richardson

320 F. Supp. 421 · District Court, S.D. West Virginia · Sep 28, 1970

However, the Appeals Council reversed this decision, holding that the evidence failed to establish the existence of a disability on or prior to June 30, 1954, that would qualify the plaintiff for benefits regardless of which … His earnings record clearly demonstrates that his work after 1949 was no less substantial than it was before.

Jill C. Barber v. Camden Clark Memorial Hospital Corp.

815 S.E.2d 474 · West Virginia Supreme Court · May 31, 2018

Given the inclusion of the words "without restriction" in West Virginia Code § 57-5-4a(a), documentation of mental health treatment clearly falls within the definition of "records," which are subject to disclosure pursuant … However, those mental health records are also clearly deemed "confidential information" and not subject to disclosure under West Virginia Code § 27-3-1(a) unless one of the exceptions set forth in West Virginia § 27-3-1(b

State v. Wilson

74 W. Va. 772 · West Virginia Supreme Court · Sep 22, 1914

It is a weighty circumstance for consideration by the jury, but clearly not one calling for a new trial at the hands of the court. … The opinion of the jury as to that, aided by expert testimony, was clearly as good as ours would be.

Cordle v. Rubenstein

District Court, N.D. West Virginia · Sep 14, 2017

conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Courts must consider two steps in determining whether an official is entitled to qualified immunity. Id. at 232.

Price v. National Board of Medical Examiners

966 F. Supp. 419 · District Court, S.D. West Virginia · Jun 6, 1997

To be diagnosed with ADHD, an individual must clearly evidence interference with developmentally appropriate social, academic, or occupational functioning. … However, Congress clearly intended for the term "disability" (and, therefore, the phrase "substantially limits") to have a uniform meaning throughout the ADA.

State Ex Rel. Krivchenia v. Karl

215 W. Va. 603 · West Virginia Supreme Court · Mar 16, 2004

Further, “[w]hether 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 … Men-delson was not qualified as an expert in the relevant area of pediatric orthopedic surgery. The circuit court based its decision upon Dr.

McCoy v. Fisher

136 W. Va. 447 · West Virginia Supreme Court · Nov 27, 1951

As to general elections it is established that the fixing of the time for the election either by law or by the Constitution is in itself notice which all electors must heed; and hence, where an officer is charged with the … The difference between them clearly appears from point two of the syllabus in the Morris case which holds that “As to mistakes and irregularities in elections, a distinction exists between those made by the voter and those