Case law

Charles Palmer v. Steel of West Virginia, Inc.

District Court, S.D. West Virginia · Oct 24, 2025

ANALYSIS An employer maintaining workers’ compensation insurance is generally immune from liability at common law or by statute. W. Va. Code § 23-2-6. … surface until the hazard is corrected or repaired; and (3) When any correction or repair involves the structural integrity of the walking- working surface, a qualified

Foster v. Sakhai

210 W. Va. 716 · West Virginia Supreme Court · Dec 12, 2001

The West Virginia Constitution establishes those powers: § 1. … on that point will not ordinarily be disturbed unless it clearly appears that its discretion has been abused.”

State ex rel. Churchman v. Hall

86 W. Va. 1 · West Virginia Supreme Court · Mar 16, 1920

For, although, as we have seen, section 6, after referring to the duty of the county court to recommend to the public health Council for appointment as county health officer a physician qualified to perform the duties of … The statute establishing the health department and prescribing the duties and defining the powers of the state health council and the charter of the City of Charleston relating to the same general subject speak the legislative

Thornton v. CAMC, ETC.

172 W. Va. 360 · West Virginia Supreme Court · Jul 8, 1983

We have not discovered any West Virginia decisions which clearly address the issue of how medical treatises may be used in the cross-examination of expert witnesses. … Once the trial court has concluded that the authoritativeness of the medical treatise has been established, then the expert may be cross-examined on it. Darling v.

Haines v. Kimble

221 W. Va. 266 · West Virginia Supreme Court · Jun 28, 2007

Moreover, such perceived omissions occurred before Kimble qualified as executrix. … The majority has strayed far afield from this well-established principle. In sum, there is no dispute that Mr. Haines clearly intended to leave all of his worldly possessions to Ms. Haines as his sole heir.

Kesling v. Secretary of Health & Human Services

491 F. Supp. 569 · District Court, N.D. West Virginia · Jun 20, 1980

(Where the ALJ posed a similar hypothetical, but failed to acknowledge that Plaintiff was precluded from returning to his former employment, and where the record evidence clearly demonstrated that Plaintiff was precluded … The only medical evidence of record which would appear to substantiate entitlement to black lung benefits is the results of a single pulmonary function study which result in qualifying” values for MW and FEV1.

Sprouse v. Clay Communication, Inc.

158 W. Va. 427 · West Virginia Supreme Court · Feb 4, 1975

In addition, the trial judge clearly intended to dismiss only the complaint and not the entire action. … In August of the same year, Sprouse signed as president when the corporation qualified to do business in West Virginia.

Cook v. Espy

856 F. Supp. 1095 · District Court, S.D. West Virginia · Jun 27, 1994

The legislative history clearly explains Congress’s rationale for modifying the former method of accounting for vehicles: It is not the Committee’s intention in including the partial market value of some automobiles as assets … It does establish that when it added the fair market value provision to § (g)(2) in 1977, Congress intended the equity value of licensed vehicles be disregarded. 1977 U.S.C.C.A.N. 2066-67; see supra, p. 1097.

Richardson v. West Virginia Division of Corrections and Rehabilitation

District Court, N.D. West Virginia · Mar 24, 2022

Therein, Defendant Aguilera argues that the Plaintiff has failed to state a claim for the remaining counts and that he is entitled to the protection of qualified immunity. … The remaining support for the Plaintiff’s objection refers the Court to arguments made in the complaint, which, under this Court’s Local Rules and the 3 The Court notes that Defendant Aguilera asserts qualified immunity

Forest Coal Co. v. Doolittle

54 W. Va. 210 · West Virginia Supreme Court · Nov 28, 1903

If no person can establish such title, then the whole proceeds of the land go into the state treasury. … If it be held that he is qualified to sit in the cause, he must be held competent to sit in it for all purposes, with power to pass upon all rights involved.

Jameson v. Board of Education

74 W. Va. 389 · West Virginia Supreme Court · May 12, 1914

This was clearly a proper construction of the statute to render the proceedings thereunder due process of law. The necessity for that construction is therefore apparent. … Certainly the president of the board or any member thereof is qualified to receive an application for the position of teacher. This requires no quorum or action of the board.

AMFM, LLC Commercial Holdings, LLC v. Kimberly Shanklin

818 S.E.2d 882 · West Virginia Supreme Court · May 30, 2018

It is merely an agency relationship, established by a written document, that continues during the principal's incapacity." Karen E. … In sum, the record clearly establishes that Kimberly exercised her rights and duties under the DPOA 1) for two years prior to the nursing home admission, 2) during the nursing home admission process, 3) throughout Mother

Doe v. Marshall University Board of Governors

District Court, S.D. West Virginia · Jul 19, 2023

As this Court recently explained “[t]he Supreme Court of Appeals of West Virginia has held that West Virginia—or its agencies, officials, or employees—is entitled to qualified immunity where the allegedly injurious conduct … constitutes a discretionary governmental function unless ‘plaintiff has demonstrated that [the relevant] acts or omissions are in violation of clearly established statutory or constitutional rights or laws of which a reasonable

Wetzel v. Jones

75 W. Va. 271 · West Virginia Supreme Court · Dec 15, 1914

established, indeed admitted, and his knowledge of the value of the property purchased- — this is the only just and proper answer to be returned to the inquiry. … Furthermore, many witnesses, abundantly qualified by reason of prolonged experience and definite knowledge derived from the management and control of the well in controversy, testified that on February 2, 1911, the interest

Bonnell v. Carr

170 W. Va. 493 · West Virginia Supreme Court · Jun 23, 1982

The reason advanced was that the board of education had the initial duty of following the statutory provisions and extending a contract unless it was determined that the teacher was not qualified. … We cannot say that the circuit court’s finding was clearly wrong.

Cummings v. Armstrong

34 W. Va. 1 · West Virginia Supreme Court · Jun 16, 1890

The second requires him to be competent in his art, and to duly qualify under oath. … Clearly the act intended that the officer should perform a duty which *13 would supersede the necessity of personal attention to these details by the court.

Lambert v. Metropolitan Life Insurance

123 W. Va. 547 · West Virginia Supreme Court · Oct 14, 1941

The rule is different where recovery is sought on a life insurance policy, and an excepted risk is sought to be established. There the burden of establishing the exception rests on the insurer. Goodbar v. … We think this position is clearly upheld by our own decisions, the decisions from other states, and in the Federal courts.

State v. Simmons

99 W. Va. 702 · West Virginia Supreme Court · Sep 29, 1925

S. 584 , in which the court said: ' “A rule of criminal pleading, which at one time obtained in some of the circuits, and perhaps received a qualified sanction from this court in United States v. … Tested by the ordinary rules of criminal pleadings, it seems to me, it is clearly insufficient.

Hall v. Putnam County Commission

District Court, S.D. West Virginia · Jul 5, 2023

Usually, the subject matter of a deposition is not well-defined in advance; thus, the need for prospective relief is more difficult to establish than in other methods of discovery. … Clearly, the Court is not in a position to rule in advance on whether Ms.

S. MCCann and T. Ownes v. Lincoln Couty Board of Education and D. Wheeler and C. McComas v. Lincoln County Board of Education

West Virginia Supreme Court · Nov 17, 2020

This example clearly highlights the error in the Board’s descriptions, the titles on the same are reversed. … qualifications to the statutory definition of an employee’s job classification. 14 This Court has previously noted that “[o]ur Legislature has devoted great attention to the regulation of school service personnel, and has established