Case law

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.”

Board of Education v. Owensby

206 W. Va. 600 · West Virginia Supreme Court · Dec 13, 1999

We have previously held that “[wjhere the issue on appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” … applicant who is neither a full time employee of the hiring board nor on the preferred recall list, when there are teachers on the preferred recall list who possess the proper qualifications for the position, then the statutes establishing

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

Sutherland v. Kroger Company

144 W. Va. 673 · West Virginia Supreme Court · Oct 27, 1959

In fact, it clearly appears that they were polite and courteous on each occasion. … Under the facts in the record of this case before us at this time, it is not clearly shown whether the doctor examined the plaintiff for the purpose of qualifying as a witness in order to testify in her behalf in this law

Foster v. City of Keyser

202 W. Va. 1 · West Virginia Supreme Court · Dec 15, 1997

Exclusive control is merely one fact which establishes the responsibility of the defendant; and if it can be established otherwise, exclusive control is not essential to a res ipsa loquitur case. … In taking such a step, we follow a path established in two cases, one of which, Gilbert v.

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.

Rice v. Underwood

205 W. Va. 274 · West Virginia Supreme Court · Dec 11, 1998

Clearly, Article IV, § 8 empowers the Legislature to provide for Qther means of removal of public officers. … It is well-established in this jurisdiction that “[rjepeal of a statute by implication is not favored in law.” Syl. Pt. 1, State ex rel. City of Wheeling v. Renick, 145 W.Va. 640 , 116 S.E.2d 763 (1960).

Municipality of Cowen Ex Rel. Proudfoot v. Greathouse

130 W. Va. 587 · West Virginia Supreme Court · Oct 28, 1947

Clearly Greathouse has relied upon the protection afforded by the writing tendered by him and approved by the Mayor of Cowen as his official bond as chief of police of that town, and by virtue of his written but unsealed … in pais, or by the conduct of the parties, to the facts of this case as stated in the declaration which, on demurrer, must be regarded as true, should not be understood to mean that the common law requirement, so firmly established

Greyhound Lines-East v. Geiger

179 W. Va. 174 · West Virginia Supreme Court · Feb 1, 1988

W.Va.Code, 5-11-9, does not immunize 'bona fide competitive-status based’ seniority systems from proscriptions against unlawful practices. “5. … United States, 431 U.S. 324 , 97 S.Ct. 1843 , 52 L.Ed.2d 396 (1977), the Supreme Court discussed awards of retroactive seniority at some length where a pattern and practice of discrimination had been established, and drew

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).

Ashworth v. Albers Medical, Inc.

395 F. Supp. 2d 395 · District Court, S.D. West Virginia · Jul 25, 2005

With respect to the collective claims, Pfizer contends that Rite Aid is immune to such claims by virtue of W. … Precisely what the “something more” is was not clearly established in Tapscott and has not been clearly established since. 260 F.Supp.2d at 728 . In Conk v.

Princeton Community Hospital v. State Health Planning

174 W. Va. 558 · West Virginia Supreme Court · Mar 22, 1985

The relevant statutory and regulatory provisions clearly establish the role of the State Health Plan in the application review process. … Therefore, the agency found no reversible error in this instance because “the record clearly indicates that the needs of surrounding counties, which did not qualify as part of the study area, were taken into consideration

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.

Ex parte Dickey

76 W. Va. 576 · West Virginia Supreme Court · Jun 22, 1915

In the early history of this country, before the establishment of railroads, the public roads were used by stage lines. … Every railroad, canal, turnpike or bridge company, has its franchise by grant from the state,- and consequently with its original qualities and immunities adhering to it.

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.

State Ex Rel. Armbrecht v. Thornburg

137 W. Va. 60 · West Virginia Supreme Court · Apr 8, 1952

This extrinsic evidence, if it can be considered by the Court, would establish that House Bill No. 30 was passed by the Senate after midnight of March tenth, 1951. … The Senate Journal clearly shows that the bill passed that body on the tenth of March, 1951, within the sixty day period.

Schmulbach v. Speidel

55 L.R.A. 922 · West Virginia Supreme Court · Dec 18, 1901

It ought to be used on all occasions when the law has established no specific remedy. … qualify within that time does not affect his right to the office.

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.

Chesapeake & Ohio Railway Co. v. Rose

651 F. Supp. 1463 · District Court, S.D. West Virginia · Dec 30, 1985

Thus, no arbitrary, mechanical rule was established by the dicta of the court. H. … It seems that the Court attempted to employ a multiple taxation analysis without repudiating the tax immunity rule.

West Virginia Department of Highways v. Fisher

170 W. Va. 7 · West Virginia Supreme Court · Mar 22, 1982

his opinion of the market value of land involved in a proceeding in eminent domain rests in the sound discretion of the trial court, and such discretion, though subject to review, will not be disturbed unless its abuse is clearly … The fact sought to be established, whether the juror may be biased or prejudiced, rests alone with the proposed juror, and often he may be unable to honestly determine whether he would be unduly influenced by certain facts