Case law

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.

Edwin Brownlow Pound v. Donna Marie Tucker

West Virginia Supreme Court · Nov 21, 2014

Also, it has been long established that a litigant is only entitled to a fair trial, but not a perfect trial “because such a thing does not exist.” Sprouse v. … “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

Gooch v. Gooch

70 W. Va. 38 · West Virginia Supreme Court · Nov 28, 1911

True, the statute says that an executor shall not have powers as such until he qualify by taking oath and' giving bond; but we think the presumption would be that the executrix has so qualified as it is averred that she was … That he has is well established. Sheldon on Subrogation, section 140; Wheatley v. Calhoun, 13 Leigh 264 , 27 Am. & Eng. Ency. L. 223; opinion in Sands v. Disham, 99 Va. 263 , 86 Amer. St. R. 884 and note.

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.

Goldstein v. Peacemaker Props., LLC

825 S.E.2d 337 · West Virginia Supreme Court · Mar 15, 2019

Here, in drafting this Statute, the Legislature did not intend to preempt this local authority, and in fact, clearly designated the same. … This, they argue, demonstrates that the circuit court's order rests on a clearly erroneous understanding of the facts of the case. We do not agree.

Guyandot Valley R'y Co. v. Buskirk

57 W. Va. 417 · West Virginia Supreme Court · Mar 21, 1905

It is still the law of this state unless qualified by Stewart v. Railroad Co., 38 W. Va. 438 , Blair v. Charleston, 43 W. … All this clearly points to the absence of any resort to a supposed fixed market value, established by concensus of opinion in the community, or otherwise, like the value of commercial articles, for which the jury must inquire

Walker Dry Goods Co. v. Mass. Bonding & Insurance

90 W. Va. 122 · West Virginia Supreme Court · Jan 31, 1922

s second proposition, which is, that, assuming the statutory requirement of a permit, nevertheless a minor under sixteen, but over fourteen, employed without such permit is within the age fixed by law, the litigants are clearly … An automobile indemnity policy contained a qualifying provision similar to that of the policy here considered.

State v. Haines

221 W. Va. 235 · West Virginia Supreme Court · Oct 12, 2007

Consequently, the amendment qualified as one of form; the amendment was not substantial and did not require resubmission to the grand jury. … And, as discussed above, the element of prejudice as a result of surprise or lack of adequate notice of the offense simply cannot be established under the facts of this case.

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.

J.F. Allen Corporation v. The Sanitary Board of the City of Charleston and Burgess and Niple v. J.F. Allen Corporation

West Virginia Supreme Court · Oct 16, 2020

As is well-established, “[a] trial court’s evidentiary rulings, as well as its application of the Rules of Evidence, are subject to review under an abuse of discretion standard.” Syl. Pt. 4, State v. Rodoussakis, 204 W. … More importantly, Landis merely holds that parental immunity does not bar the defense of intervening causation against parents. See Syl. Pt. 4, id.

Star Grocery Co. v. Bradford

70 W. Va. 496 · West Virginia Supreme Court · Mar 12, 1912

To establish such a status for such purpose, the highest and best evidence is not required. Generally, it is conceded. In qualifying experts, physicians and lawyers are not required to produce their licenses. … There was no error in admitting the receipts and checks to establish the liability and its extent. There was no error in permitting McConnaughey to testify.

Hensler v. Cross

210 W. Va. 530 · West Virginia Supreme Court · Dec 13, 2001

attorney, the court finds by clear and convincing evidence, that the qualifying offense involved multiple victims or multiple violations of the qualifying offense; or (C) has been convicted or has been found not guilty by … A court must ascertain whether the legislature intended the statute to establish civil proceedings.

John W. Lohr Funeral Home, Inc. v. Hess & Eisenhardt Co.

152 W. Va. 723 · West Virginia Supreme Court · Mar 11, 1969

The defendant, a foreign corporation, had never qualified to do business in West Virginia and the summons was served on the State Auditor under the provisions of the statute making the defendant liable for contracts made … Inasmuch as it appears from the evidence that the defendant was not a party to a contract made in West Virginia, was a foreign corporation which had not qualified to do business in this state, had no place of business located

State v. Nuckols

152 W. Va. 736 · West Virginia Supreme Court · Dec 17, 1968

This principle is clearly set out in syllabus point 2 in the case of State v. … The record clearly shows that the defendant was present in court and entered his plea of not guilty.

State ex rel. West Virginia Department of Health & Human Resources v. Fox

218 W. Va. 397 · West Virginia Supreme Court · Nov 17, 2005

These findings shall not be set aside by a reviewing court unless clearly erroneous. … In view of the facts presented, the evidence did not establish by clear and convincing proof that Charles abused Dominic.

Pridemore v. Fox

134 W. Va. 456 · West Virginia Supreme Court · May 31, 1950

election, the contestant, alone, was qualified to prosecute the contest. … It is admitted, however, that some fifty-eight persons, allegedly qualified to vote, and who did vote in said election, were not listed on the municipal registration book aforesaid; and as it clearly appears from the result

Monongalia County Commission A/K/A Monongalia County Sheriff's Department and John Doe Deputy v. Amanda F. Stewart, Individually and/or as Administrator of the Estate of John D. Stewart, Jr.

West Virginia Supreme Court · Nov 14, 2024

If the legislative intent is clearly expressed in the statute, then this Court is not permitted to construe the statutory provision but, rather, is obliged to apply its plain language. … III of the Amended Complaint.1 1 I concur with the majority’s determinations, as contained in the majority opinion, (1) affirming the circuit court’s denial of Petitioner’s motion to dismiss based on qualified

Samuel J. Cox v. Raleigh County Board of Education

Intermediate Court of Appeals of West Virginia · Apr 10, 2023

Kominsky found that this limitation qualified Mr. … Cox no PPD award, finding that the evidence established that Mr. Cox had no permanent impairment as a result of his compensable injury. The Board reviewed the reports from the IMEs conducted by Dr. Grady, Dr.

In re The 1994 Assessments of the Property of Righini

197 W. Va. 166 · West Virginia Supreme Court · Jul 19, 1996

We had occasion in Kitten to examine exhaustively the entire sweep of the constitutional and statutory design of determining and establishing real and personal property taxes in this State. … Va.Code 11-1C-11 to endow the Division of Forestry with such authority so as to replace the assessor and the county commission in its assessment role, then the Legislature can and should have clearly indicated their intention

Westfield Insurance v. Carpenter Reclamation, Inc.

301 F.R.D. 235 · District Court, S.D. West Virginia · Jul 11, 2014

Carpenter has clearly failed to comply with Rule 37(a)(1) and this Court’s Local Rule 37.1(b). … immune. * * * [T]he pure work product of an attorney insofar as it involves ‘mental impressions, conclusions, opinions, or legal theories ... concerning the litigation’ is immune to the same extent as an attorney-client