Case law

Wayne Gas Co. v. Southern W. Va. Oil & Gas Corp.

148 W. Va. 685 · West Virginia Supreme Court · Jun 30, 1964

Krebs, a qualified petroleum and gas engineer, who had been employed by Lynn to make a study of its properties and the situation existing as regards plaintiff. Mr. … E. 2d 462 : “A decree based on .conflicting evidence will be reversed when it appears that it is contrary to the preponderance of the evidence or is clearly wrong.”

Alex Lyon & Son v. James R. Leach

West Virginia Supreme Court · Jun 15, 2020

The language used by the defendant in its advertising and catalog clearly indicates a requirement of a minimum bid of $200,000, and just as clearly indicates an intent that the defendant was conducting an absolute auction … Lerch) is qualified to be a bidder.

In Re the Proposed Annexation to the City of Morgantown

159 W. Va. 788 · West Virginia Supreme Court · Jul 23, 1976

The evidence established that a notice of the hearing had been properly published and other statutory requirements had been met. … Clearly, statutory standards are prescribed. The commission, like the numerous administrative bodies which populate government, must apply the law to the facts.

Skaggs v. Elk Run Coal Co., Inc.

198 W. Va. 51 · West Virginia Supreme Court · Jul 11, 1996

Such post hoe rationalization is clearly inconsistent with our precedents and the reasoning above. … In the context of this case, to establish a prima facie case of disability discrimination, the plaintiff must show that he is a disabled person within the meaning of the law, that he is qualified to perform the essential

State ex rel. Kincaide v. Canvassing Board

85 W. Va. 440 · West Virginia Supreme Court · Jan 27, 1920

The respondents deny the right of this court to award such writs to enforce the performance of such duties, because they say the method adopted is without legal sanction, circumvents the policy the legislature intended to establish … The legislature has clearly manifested its intention in this regard by enacting section 34 of chapter 3 of the Code, which reads: “If the voter desires to vote for any person whose name does not appear on the ticket (ballot

Sammons v. Sowards

District Court, S.D. West Virginia · Nov 19, 2021

Plaintiff responds that he has alleged sufficient facts to overcome qualified immunity. Pl.’s Resp. 13-14. … However, Plaintiff has clearly stated that he suffered a constitutional injury when he was wrongfully seized because of criminal proceedings that arose, 1 Or at least, no intentional behavior beyond the conspiracy claim

Newhouse v. England

118 W. Va. 649 · West Virginia Supreme Court · May 18, 1937

Strieklen was clearly incompetent because, as persons interested in the event of the suit (the wife directly, and the husband indirectly because of the marital relation), they were undertaking to testify with respect to communications … The testimony of these two qualified witnesses falls far short of establishing an express parol trust as averred by the cross-bill complainants. Such á trust can be established only by clear and convincing evidence.

Morgan v. Mayes

170 W. Va. 687 · West Virginia Supreme Court · Sep 20, 1982

Anchor Motor Freight, Inc., 169 W.Va. 698 , 289 S.E.2d 679 (1982); (retroactively applying our abolition of interspousal immunity). Nowhere is this policy more evident than in workmen’s compensation cases. … Stewart, 128 W.Va. 703 , 37 S.E.2d 563 (1946), is disapproved. 4 As an *690 heir who would take in the absence of a will, appellant clearly is an interested person entitled to attempt to impeach that will. Jackson v.

Raleigh Lumber Co. v. Wilson & Son

69 W. Va. 598 · West Virginia Supreme Court · Oct 24, 1911

The evidence fully establishes this. Presumptively, the plaintiff knew it, but we are not left to mere presumption. … The failure to stipulate for certain percentages of widths was clearly not a waiver of all right on the part of the vendees in respect to that.

Brent O. and Sylvia Michelle Sparks v. Jayson P. Groves

West Virginia Supreme Court · Jun 24, 2013

Nevertheless, we find that Officer Caprio was properly qualified as an expert. We have held that an officer, who is qualified as an expert, may render an opinion as to who was at fault in the accident. Jones v. … The evidence established that Mr. Sparks’ dune buggy had a bench seat and a steering wheel. Therefore, Mr. Sparks’ dune buggy is clearly not an “ATV” as defined by the Code.

Boles v. The United States of Amercia

District Court, N.D. West Virginia · Feb 9, 2021

DISCUSSION It is well established that the United States, as sovereign, is immune from suit unless it consents to be sued. … The language used within this program statement clearly involves elements of judgment or choice.

List v. City of Wheeling

7 W. Va. 501 · West Virginia Supreme Court · Jul 13, 1874

This may be true but I do not now decide that question — regarding it immaterial to this case, as I am clearly of the the opinion that the said third section does not qualify or suspend the operation and effect of said eighth … The jurisdiction of equity in such cases as this seems to be established by a number of judicial decisions.

Wilkes v. Raleigh County

District Court, S.D. West Virginia · Mar 27, 2018

Immunity Under the West Virginia Tort Claims and Insurance Reform Act Defendant Raleigh County argues that the Plaintiff’s claims should be dismissed against it as it is immune from liability for its employees’ intentional … These allegations clearly indicate that the Defendants intended the consequences of their actions.

Drummond v. Cook Motor Lines

136 W. Va. 293 · West Virginia Supreme Court · Nov 6, 1951

On the other hand, it is established law in this State, as held in Thomas v. Lupis, 87 W. Va. 772 , 106 S. … There is nothing in this case to indicate clearly upon what basis the jury returned its verdict.

Louk v. Cormier

218 W. Va. 81 · West Virginia Supreme Court · Aug 8, 2005

This statute provided, in relevant part, that “expert testimony may only be admitted in evidence if the foundation, therefor, is first laid establishing that: ... … Va.Code § 55-7B-6d clearly states that trial courts shall instruct juries that they may return a non-unanimous verdict.

Davis v. Celebrezze

239 F. Supp. 608 · District Court, S.D. West Virginia · Mar 25, 1965

The remaining issue for decision is whether Tammy, though not being qualified as a legally adopted child, may, nevertheless, qualify as a child by virtue of the concept of “equitable adoption” so as to come within the requirements … These cases are clearly distinguished from the one at bar.

State of West Virginia v. Adonne A. Horton

West Virginia Supreme Court · Apr 10, 2023

Such conduct the State contends clearly amounts to a threat of violence. Again, we agree. … We determined in Norwood that “evading police” is an offense that “clearly carries with it the risk of violence.” Id. at 158, 832 S.E.2d at 84.

State ex rel. Grant County Commission v. Judge Nelson

West Virginia Supreme Court · Mar 23, 2021

from liability pursuant to the Tort Claims Act regardless. 1 The concurrence/dissent’s view that “person” necessarily means anyone who does not otherwise qualify as one of the other designations under … However, having established that Ms.

Gentry v. Mangum

195 W. Va. 512 · West Virginia Supreme Court · Dec 8, 1995

Rule 702 permits a circuit court to qualify an expert by virtue of education or experience or by *525 some combination of these attributes. 18 As discussed below, we have stated clearly that a broad range of knowledge, skills … Of course, ultimately a court establishes the particular standard of care under a given set of facts, the jury then determine whether a defendant’s conduct falls short of this standard.

Robinson v. Continental Casualty Co.

185 W. Va. 244 · West Virginia Supreme Court · Jun 27, 1991

Of course, the insurance company or the doctor could move the court to restrict production of documents that would qualify as work product or would be otherwise privileged. … The liability and damages are not established until the appeal is decided. The plaintiffs rely primarily upon two cases, Rolden v.