Case law

Roberts v. American Column & Lumber Co.

76 W. Va. 290 · West Virginia Supreme Court · May 25, 1915

Clearly, it seems to “grant necessary rights of way" over lands belonging to others than the parties to the agreement, lands not owned or controlled by either of them. … If he neglects “to qualify his contract, so as to make such an excuse available, he waives it as a defense against a recovery of damages for non-performance”.

Reed v. Orme

221 W. Va. 337 · West Virginia Supreme Court · Nov 8, 2007

The affidavit established that BRIM had caused the workers’ compensation exclusion to be included in the policy after researching and investigating its need. … Relying upon the unopposed affidavit of Bob Mitts, underwriting manager for BRIM, the circuit court found the affidavit clearly established that BRIM had investigated and researched the need for the workers’ compensation

State Ex Rel. Fox v. Brewster

140 W. Va. 235 · West Virginia Supreme Court · Oct 12, 1954

Session, 1947, amending and reenacting Code, 18-2-1, to vest in the governor the power to appoint a member of the board of education during the recess of the Senate, whenever the term of a de jure member expires, appears clearly … Legislature, which was organized and convened on January 14, 1953, acted on Governor Patteson’s appointment of the respondent for the term as member of the West Virginia Board of Education ending on June 30, 1961, appears clearly

Gooch v. West Virginia Department of Public Safety

195 W. Va. 357 · West Virginia Supreme Court · Nov 17, 1995

If such a policy existed, it was clearly violated and the hospital would be negligent. … Thus, under the facts of this case, the hospital is immune from suit. 15 IV.

Cooper v. United States of America

District Court, S.D. West Virginia · Jul 6, 2022

The Federal Employees Liability Reform and Tort Compensation Act of 1988 (the “Westfall Act”) modifies the FTCA to immunize a federal employee from liability for her “negligent or wrongful act or omission . . . … Although the certification does not conclusively establish that the defendant employee was acting within the scope of his employment, the plaintiff has the burden of proving otherwise once the certification has been

State Ex Rel. Baker v. MORGAN COUNTY WAR MEMORIAL HOSP.

718 S.E.2d 784 · West Virginia Supreme Court · Jun 15, 2010

The document prepared by the hospital clearly states that the defined benefit pension plan "was terminated[.]" … The hospital argues that IRS Revenue Ruling 89-87 sets forth three events that must occur in order for a pension plan to terminate: In order to terminate a qualified plan, the date of termination must be established, the

Haislip v. White

124 W. Va. 633 · West Virginia Supreme Court · Sep 22, 1942

That the proof adduced herein sufficiently establishes the fact that the respondents Louden H. White and R. L. … Clearly, therefore, they had a voice and influence in bringing about the appointment. C. L. Williams admittedly voted for these two women with knowledge that they were the wives of Louden H. White and R. L.

Davis v. Mound View Health Care, Inc.

220 W. Va. 28 · West Virginia Supreme Court · Nov 9, 2006

Va.Code § 55-7B-6 (c) indicating that a screening certificate of merit was not required to establish liability or invoking the provisions of W. … The screening certificate of merit shall be executed under oath by a health care provider qualified as an expert under the West Virginia rules of evidence and shall state with particularity: (1) The expert's familiarity with

St. Joseph's Hospital of Buckhannon, Inc. d/b/a St. Joseph's Hospital v. Stonewall Jackson Memorial Hospital Company and West Virginia Health Care Authority

Intermediate Court of Appeals of West Virginia · May 23, 2024

Therefore, we must determine whether the language at issue here clearly decides whether Stonewall’s proposed relocation is a “construction, development, acquisition, or other establishment of a health care facility” or … We cannot say that § 16-2D-8(a)(1) clearly and unequivocally describes a relocation, because in such a plan the subject’s existence does not end so that it might be established, it merely moves from one location to another

State v. McFarland

228 W. Va. 492 · West Virginia Supreme Court · Nov 23, 2011

This Court’s standard of reviewing claims of insufficiency of the evidence is well established. … This is clearly improper under Rule 404(b).

Parsons v. Marland

140 W. Va. 20 · West Virginia Supreme Court · Jun 1, 1954

That such was the purpose of the Legislature in the enactment of the Teachers’ Retirement Act appears clearly from Section 1 of Article 7-a *28 of the said Act, which provides that: “A retirement system to be known as the … ‘State Teachers’ Retirement System’ is hereby established for the purpose of providing retirement allowances for the teachers of West Virginia.”

Morgan v. Fleming

24 W. Va. 186 · West Virginia Supreme Court · Apr 26, 1884

That such is the established law of this State is unquestionable —Black v. Thomas, 21 W. Va. 709 . … It clearly appears from the foregoing cases that the authority of Bennett v.

State v. Tygarts Valley Brewing Co.

71 W. Va. 38 · West Virginia Supreme Court · Jun 10, 1912

The state established a prima facie case by proving that defendant made a sale of eight gallons of beer, at its brewery, in the city of Grafton. … But the right to sell in counties, other than the one in which the brewery is located, is so qualified by the Act of 1907 that he must first obtain permission of the county court, by certificate entered of record, designating

Stephens v. RALEIGH COUNTY BD. OF ED.

163 W. Va. 434 · West Virginia Supreme Court · Jul 16, 1979

In each of the cases below, proceedings were initiated in circuit court to establish the right to repurchase after that right had been denied at public sale. … The statutory language clearly indicates that it is the character of the entire community in which the property is located that will control the right to repurchase.

Ceranto v. Trimboli

63 W. Va. 340 · West Virginia Supreme Court · Jan 14, 1908

All this is qualified by the phrase “upon the terms stated in *343 the said declaration.” … The word “term” sometimes expresses the nature of an estate in land, but it was clearly not used in that sense in the affidavit, a paper having no relation to land or any estate therein, and referring to another paper, the

Charles Curry Johnson v. West Virginia Division of Corrections and Rehabilitation, et al.

District Court, S.D. West Virginia · Nov 13, 2025

Therefore, WVDCR’s motion to dismiss is GRANTED.2 2 WVDCR also argues that dismissal is warranted because it is entitled to qualified immunity on Plaintiff’s state law claims. (ECF No. 11 at 9.) … Therefore, the Court declines to take up the issue of qualified immunity. 6 IV.

Johnson Ex Rel. Johnson v. General Motors Corp.

190 W. Va. 236 · West Virginia Supreme Court · Nov 23, 1993

This Court has clearly stated that “ ‘ “[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 its discretion has been abused.”

Moore v. Goode

180 W. Va. 78 · West Virginia Supreme Court · Nov 10, 1988

Romano, 155 W.Va. 875 , 190 S.E.2d 8 (1972): “Findings of fact by a trial court without a jury will not be set aside unless they are clearly wrong.” … As at common law, declarant is qualified if related by blood or marriage. 5 Wigmore § 1489. In addition, and contrary to the common law, declarant qualifies by virtue of intimate association with the family.

Montgomery v. West Virginia State Police

215 W. Va. 511 · West Virginia Supreme Court · Jun 17, 2004

The evidence presented established that the Grievant had been drinking the night before the morning of October 29,1998, that he was present in an intoxicated condition, within the prima fa-cie limits established by the provisions … The regulation excludes from its reach violations of laws that qualify as Group I or II of-tenses, the less serious offenses.

Slater v. Varney

136 W. Va. 406 · West Virginia Supreme Court · Nov 17, 1951

shall be eligible to the Legislature or to any office of honor, trust, or profit in this State, until he shall have duly accounted for and paid over such money according to law, when read and considered together, indicate clearly … If, upon a hearing of this proceeding upon its merits the contestee establishes that defense by competent evidence, he is entitled to hold the office and this proceeding should be dismissed.