Case law

Union Carbide Corporation, a subsidiary of The Dow Chemical Company v. Christina Dearien (Decedent) and Thomas Dearien (Dependent)

Intermediate Court of Appeals of West Virginia · Jun 4, 2025

Further, Carbide contends that the Board’s final order was clearly wrong in view of the reliable, probative, and substantial evidence on the record. … It cannot be found that one side’s panel of experts is notably more qualified or more credible than the other.

Harrison v. Miller, Exec.

124 W. Va. 550 · West Virginia Supreme Court · Jun 30, 1942

The record establishes clearly that there was no occasion for defendant to have paid the indebtedness to Emma Miller for she testified that prior to defendant’s payment of the note, she had neither demanded payment thereof … The record establishes the fact that defendant has placed valuable improvements on the land.

Johnson v. Bee

84 W. Va. 532 · West Virginia Supreme Court · Sep 23, 1919

Their inspection of these letters also qualified them to express opinions as to the genuineness of the signature in question. … Besides, it is clearly revealed by their contents — messages of solicitude, advice and love from mother to daughter.

State of West Virginia v. Timothy M. Conner, II

West Virginia Supreme Court · Mar 15, 2021

This Court has established that “[t]he appellate standard of review of questions of law and certified by a circuit court is de novo.” Syl. Pt. 1, Gallapoo v. Wal- Mart Stores, Inc., 197 W. … Both statutes clearly reflect that an overdose event is, by its very nature, emergent and life threatening, demanding immediate medical intervention.

Andra F. v. Anthony H., etc.

West Virginia Supreme Court · Feb 16, 2016

Additionally, testimony below established that the children had a significant bond with respondents. … Similarly, petitioner cites to no evidence that establishes respondents are unfit to parent the children.

Largent v. West Virginia Division of Health

192 W. Va. 239 · West Virginia Supreme Court · Nov 23, 1994

However, as expressed in the Preamble, supra, the Legislature clearly contemplated a system that recognized and rewarded merit. Thus, within a classification, salaries are subdivided into different pay steps. … of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires

Isaac v. Ramsey v. W. Va. Office of Insurance Commissioner/American National Rubber

West Virginia Supreme Court · Mar 27, 2013

The Office of Judges held that the preponderance of the evidence did not establish that Mr. … Ramsey has been deemed to have reached medical maximum improvement and failed to qualify for additional treatment as a flare-up since he has not returned to work. On September 1, 2009, Dr. Guberman concluded that Mr.

Barcus v. Austin

District Court, N.D. West Virginia · Apr 16, 2020

his political association with Skinner was not clearly established at the time of his termination. … Thus, there is a factual dispute about what his job responsibilities included that precludes Austin’s claim for qualified immunity at this stage of the litigation.5 Wilson v.

West Virginia Division of Corrections and Rehabilitation v. Mike Tencer

West Virginia Supreme Court · Jan 22, 2025

Tencer qualified for Cervical Category IV, allowing for 25-28% WPI, requiring no further adjustment. Regarding apportionment, Dr. Lultschik noted Mr. … The ICA concluded that the Board of Review was not clearly wrong to rely on Dr.

West Virginia Consolidated Public Retirement Board v. Carter

219 W. Va. 392 · West Virginia Supreme Court · Jun 14, 2006

Va.Code § 5 — 10— 1, et seq.)] the Teachers Retirement System (established in W. Va.Code § 18-7A-1, et seq.)] the Teachers Defined Contribution Retirement System (established by W. … Va.Code § 18-7B-1, et seq.)] the West Virginia State Police Death, Disability and Retirement Fund (established by W. Va.Code § 15-2-1, et seq.)] the West Virginia State Police Retirement System (established by W.

State of West Virginia v. Fritts

West Virginia Supreme Court · Oct 29, 2021

Holz was not “qualified and is not being offered as an expert in GPS.” … For the reasons set forth herein, we find that the circuit court did not clearly abuse that discretion in allowing Mr.

Ramaco Resources, Inc. v. Charles Rollins

West Virginia Supreme Court · Nov 9, 2021

On appeal to this Court, Ramaco argues that the Board of Review committed clear error because a preponderance of the evidence establishes that Mr. … Rollins responds that simply because he suffered a prior fracture to the same body part does not now immunize Ramaco from responsibility in this claim. And Mr.

Gibbs v. Bechtold

180 W. Va. 216 · West Virginia Supreme Court · Nov 23, 1988

161 W.Va. 750 , 246 S.E.2d 259 (1978): “Where the request is made to take the ultimately designated test under the implied consent law and the licensee by his conduct or words manifests a reluctance to take the test or qualifies … his assent to take the test on factors that are extraneous to the procedures surrounding the test, proof of refusal is sufficiently established.”

White v. Berryman

187 W. Va. 323 · West Virginia Supreme Court · May 15, 1992

Having established the procedure for service of process on a public corporation, we address the service in this case. Here the service was attempted by serving Mr. … His affidavit clearly indicates that he was aware of the legal consequences of the suit.

Hedrick v. Marshell (sic)

District Court, N.D. West Virginia · Sep 26, 2024

The Defendants further assert that they are entitled to qualified immunity “because they are alleged to have acted within the scope of their official duties without violating any clearly established constitutional or statutory … Therein, the Plaintiff requests that his case proceed to discovery, and contends that the defense of qualified immunity “is questionable.” Id. at 1, 4.

Monaco v. WV Parkways Authority

District Court, S.D. West Virginia · Feb 2, 2021

First, the Electronic Toll Collection Act is clearly implicated here. It is of no consequence that Plaintiff drove through a Cash Only lane when Cash Only is a misnomer. … The Parkways Authority Establishing Act clearly states that the Parkways Authority does not require legislative approval for the charging of tolls or fees for travel over the Turnpike. W. Va.

Roberts Ex Rel. Roberts v. Gale

149 W. Va. 166 · West Virginia Supreme Court · Dec 15, 1964

This rule has been qualified to permit negligence to be established by lay witnesses in cases where negligence or want of professional skill is so obvious as to dis *173 pense with the need for expert testimony. … Clearly one can not be negligent for the existence of a condition which he did not undertake to treat.

Skaff v. West Virginia Human Rights Commission

191 W. Va. 161 · West Virginia Supreme Court · Apr 20, 1994

"The denial of these rights to properly qualified persons by reason of race, religion, color, national origin, ancestry, sex, age, blindness, handicap, or familial status is contrary to the principles of freedom and equality … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Quintrell v. Lincoln County Board of Education

195 W. Va. 347 · West Virginia Supreme Court · Nov 17, 1995

The most reasonable way to insure that the most qualified person is found to fill a position is to post a notice of its availability so that all interested and qualified persons may be apprised of it. 179 W.Va. at 205 , 366 … After the five day minimum posting period all vacancies shall be filled within twenty working days from the posting date notice of any job vacancies of established existing or newly created positions.

In Re: M.R.

West Virginia Supreme Court · Sep 21, 2015

These findings shall not be set aside by a reviewing court unless clearly erroneous. … First and foremost, to qualify as plain error, we must find that error has occurred.