Case law

State of West Virginia v. Julia Surbaugh

237 W. Va. 242 · West Virginia Supreme Court · Apr 13, 2016

The neighbor testified that he clearly heard a gunshot, a groan, a gunshot, a groan, and then, after a little hesitation, another gunshot.5 Although he was bleeding profusely, Mr. … As such, it was not error for the circuit court to have qualified Dr. Mahmoud as an expert witness. Furthermore, Dr.

State of West Virginia v. William Ellis Bowen, IV

West Virginia Supreme Court · Mar 31, 2022

Phillips was qualified as an expert in pediatrics and in child abuse and neglect. Dr. … In this regard, it is well established that “[t]he Double Jeopardy Clause in Article III, Section 5 of the West Virginia Constitution, provides immunity from further prosecution where a court having jurisdiction has acquitted

In Re Faith C.

226 W. Va. 188 · West Virginia Supreme Court · Jun 4, 2010

The guardian maintains that the evidence clearly establishes that Sophia sustained second-degree burns as a result of *194 intentional immersion in scalding water. … Porter, establishes that Sophia was not intentionally burned.

State v. West

116 S.E.2d 398 · West Virginia Supreme Court · Oct 18, 1960

established. … It was clearly the intention of the Legislature, by Chapter 25 of the Acts of 1893, to invest in the citizens, taxpayers and voters of this State a remedy for the removal of a prospective candidate, who is clearly ineligible

Green v. State of West Virginia

District Court, S.D. West Virginia · Nov 7, 2017

This court also contend there was a hearing on Oct 11, 2012 stating “clearly” the plaintiff appeared in person. This did not happen. … Fitzsimmons, 509 U.S. 259 (1993), the Supreme Court reviewed its rulings in cases addressing absolute and qualified immunity of public officials as follows: In Imbler v. Pachtman, 424 U.S. 409, 96 S.

Frye v. Lincoln County Commission

District Court, S.D. West Virginia · Jan 25, 2021

Most noticeably, Plaintiff claims that Sheriff Linville raised qualified immunity against the causes of action asserted against him. (ECF No. 13 at 4.) Sheriff Linville made no such argument. … Code § 29-12A-5(a)(5) establish that a political subdivision is entitled to immunity if the claim against it results from “the method of providing police, law enforcement or fire protection[.]”

Sale v. Board of Education

119 W. Va. 193 · West Virginia Supreme Court · Jun 26, 1937

authorized to be fixed by the different levying bodies upon all classes of property by submitting the question to the voters of the taxing units affected, but no increase shall be effective unless at least sixty per cent of the qualified … While as a general rule the repeal of a statute by implication is not favored, it is clearly recognized by all of the authorities that such a repeal is called for where there is substantial conflict between the two statutes

Brickstreet Mutual Insurance Co. v. Zurich American Insurance Co.

813 S.E.2d 67 · West Virginia Supreme Court · Apr 5, 2018

By using the word “shall,” the Legislature has clearly directed that such a designation must be made. See Syl. pt. 1, Nelson v. West Virginia Pub. Emps. Ins. Bd., 171 W. … Va. 523, 535, 729 S.E.2d 845, 857 (2012) (discussing workers’ compensation immunity in the context of general and special employers and observing that “[t]he workers’ compensation liability placed upon the special employer

Wright v. Boles

275 F. Supp. 571 · District Court, S.D. West Virginia · Nov 8, 1967

Suffice that we are unwilling, where it clearly appears that a mistrial has been granted in the sole interest of the defendant, to hold that its necessary consequence is to bar all retrial. … “If a juror, after he is sworn, be unable, from any cause, to perform his duty, the court may, in its discretion, cause another qualified juror to be sworn in his place.

Kessel v. Monongalia County General Hospital Co.

215 W. Va. 609 · West Virginia Supreme Court · May 19, 2004

Staff privileges do not establish an employment contract with the hospital”); Dutta v. St. Francis Reg. Med. … Public hospitals, however, are not entitled to that immunity.

Marriage of Sloan v. Sloan

219 W. Va. 105 · West Virginia Supreme Court · Mar 16, 2006

Sloan’s attorney should not have been permitted to prepare the Qualified Domestic Relations Order regarding Mr. … Sloan's attorney to prepare the Qualified Domestic Relations order. We find no error in that regard. .

SER Robert E. Barrat, Esq. v. Nancy A. Dalby, Esq.

236 W. Va. 316 · West Virginia Supreme Court · Nov 5, 2015

Clearly, it could have acted consonantly in West Virginia Code § 44A-2-7(a) concerning the appointment of legal counsel for the alleged protected person. … We also decline the petitioner’s request for a new court rule providing that all interested and qualified attorneys practicing within a circuit shall be considered for such appointments.

Young v. Wheby

126 W. Va. 741 · West Virginia Supreme Court · Apr 25, 1944

We consider that this evidence on behalf of the plaintiff clearly establishes as a fact in the case that the defendant Wheby was recklessly driving his car on the return trip from Dutch Villa to Mabscott, and that the plaintiff … The Court was of the opinion that she was not qualified to identify the writing.

Fisher v. West Virginia Coal & Transportation Co.

137 W. Va. 613 · West Virginia Supreme Court · Dec 16, 1952

But the purpose and location of such fence are not clearly established. … The Lillibridge case was subsequently explained and qualified, by the case of Webber v.

Lynch v. Merchants National Bank of West Virginia

22 W. Va. 554 · West Virginia Supreme Court · Nov 17, 1883

He also cites a number of cases similar in character to establish the incorrectness of the defendant’s instruction which the court gave to the jury. … But it did err in qualifying said instruction as it did by the last' sentence therein.

Cline v. Joy Mfg. Co.

172 W. Va. 769 · West Virginia Supreme Court · Dec 15, 1983

immunity bar must be undertaken with a knowledge and an appreciation of the high degree of risk of physical harm to another created thereby. … Prosser, Handbook of the Law of Torts 31-2 (4th ed. 1971).” 246 S.E.2d at 914 . 6 Clearly from the foregoing standard, acts amounting to negligence do not meet the Mandolidis test.

Davis v. Hadox

145 W. Va. 233 · West Virginia Supreme Court · May 24, 1960

Hadox, it is clearly established that it was with Mrs. Yernon. Mrs. … Facts and circumstances clearly established by the record, or admitted, however, appear to make it certain that the understanding between the parties was in accordance with the contention of defendants.

Shinn v. Westfall

95 W. Va. 292 · West Virginia Supreme Court · Dec 22, 1923

The answer admits that the plaintiff is duly qualified ‘ ‘ and is now acting as executor of said last will and testament.” … finding of a question of fact is based upon conflicting depositions or oral testimony, the finding of the commissioner in the first place or of a court thereon is entitled to peculiar weight and will not be disturbed unless clearly

Dyer v. Tsapis

162 W. Va. 289 · West Virginia Supreme Court · Nov 28, 1978

Formerly when a wife established a ground for divorce based on traditional fault she was entitled to damages keyed to her station in life. … Had she not been married those 20-odd years, she might now be well qualified as a typist, truck driver or tinsmith.

Bansbach v. Harbin

229 W. Va. 287 · West Virginia Supreme Court · Jun 12, 2012

As in this case, the decision in Hendricks turned on whether the conduct at issue qualified as both intentional and unreasonable. 14 181 W.Va. at 35 , 380 S.E.2d at 201-02 . … To qualify as intentional under nuisance law, conduct must be of the type which the “actor knows or should know that the conduct is causing a substantial and unreasonable interference.”