Case law

Elaine Neidig v. Valley Health System

West Virginia Supreme Court · Jun 10, 2025

“Where the issue on an appeal . . . is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syl. Pt. 1, in part, Chrystal R.M. v. Charlie A.L., 194 W. … Similarly, “[w]here the issue on an appeal . . . is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syl. Pt. 1, in part, Chrystal R.M. v.

Helvey v. Princeton Power Co.

84 W. Va. 16 · West Virginia Supreme Court · Apr 22, 1919

Clearly if it is not so supported, such a verdict, if unqualified, cannot be permitted to stand, and if conditional, it cannot serve as the foundation of a judgment. … The evidence establishes beyond question that plaintiff was ■guilty of contributory negligence of such a character as to bar him from any right of recovery (Northern Pac. R. Co. v. Freeman, 174 U.

In Re: J.S., T.S., W.S. and C.S.

West Virginia Supreme Court · Sep 25, 2017

These findings shall not be set aside by a reviewing court unless clearly erroneous. … As such, we find no abuse of discretion in the circuit court’s admission of the testimony in question, as the same qualified as an exception to the hearsay rule under Rule 803(4).

David Edward Ball, II v. A.L.L. Construction, Inc., etc.

West Virginia Supreme Court · Apr 10, 2015

Petitioner’s suit alleged, inter alia, violations of our deliberate intent statute2 2 Under the deliberate intent statute, in order for an employer to lose its workers compensation immunity, the employee … Construction for one and a half years without incident, and, by all accounts, was qualified to run the drilling rig. 7  As for petitioner’s claim that McComas

Superior Home Specialists v. Michael Sindledecker

Intermediate Court of Appeals of West Virginia · Apr 7, 2026

Sindledecker qualified for 10% WPI under a Class 2 skin disorder, which allows a range of 10-24% WPI. … Sindledecker established that he was entitled to a 37% PPD award for the compensable injury.

Trimble v. West Virginia Board of Directors

209 W. Va. 420 · West Virginia Supreme Court · Jul 6, 2001

Trimble was clearly protected by the First Amendment in his peaceful efforts to organize a branch of WVEA at the College. The record in this case also clearly illustrates that Mr. … It does not, however, confer upon teachers special privileges or immunities to interfere in the efficient operation of an educational institution. See Baughman v. Unified Sch. Dist.

State v. Shaw

208 W. Va. 426 · West Virginia Supreme Court · Jan 5, 2001

The West Virginia Legislature has established that “[a]ny circuit court of this State shall have authority ... to place on probation any person convicted of a crime.” W.Va.Code § 62-12-1 (1975) (Repl.Vol.1992). … “Except for clear statutory exceptions, this legislative grant of power clearly places the matter of probation within the sound discretion of the trial court.” State v.

In re D.B. and K.T.

West Virginia Supreme Court · Nov 8, 2021

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Specifically, petitioner argues that the grandfather touching the child’s bottom, breasts, and legs do not qualify as “sexual contact” under West Virginia Code § 61-8B-1(6). 3 Petitioner argues that there was no evidence

Cooper v. Richardson

333 F. Supp. 249 · District Court, S.D. West Virginia · Oct 30, 1971

The record in this case clearly establishes, as did the record in Ward v. … Craig Colvin, a well qualified vocational expert, was taken. Mr.

State Ex Rel. Bagley v. Blankenship

161 W. Va. 630 · West Virginia Supreme Court · Jun 19, 1978

Ill and thereby waived any constitutional immunity it might otherwise have had.” As a defense, the assertion is untenable. It admits the Legislature decreased the judicial budget, Account No. 111. … Clearly the Constitution provides that “no item relating to the judiciary shall be decreased.” In State ex rel. Trent v. Sims 138 W.

State of West Virginia v. Scott Michael Hundley

West Virginia Supreme Court · May 14, 2025

But the court also clearly noted that it would reconsider the motion if Mr. Hundley became aware of any evidence during the course of the trial that may make the toxicology screen relevant. … Hundley’s voice in the recording, and did not qualify as a request for counsel. The court further noted that Mr.

In re J.F.

West Virginia Supreme Court · Feb 1, 2022

These findings shall not be set aside by a reviewing court unless clearly erroneous. A finding is clearly erroneous when, W. Va. … to the circuit court within this framework is intended to allow the court to fashion appropriate measures and remedies to highly complex familial and inter- personal issues—it does not serve as a blanket of immunity

State ex rel. Yeager v. Trent

203 W. Va. 716 · West Virginia Supreme Court · Dec 8, 1998

In the present case, it is clear that direct evidence was presented through the prosecutor’s deposition at the habeas corpus proceeding which established the existence of what clearly could be construed as a plea agreement … The reason for that position seems clearly to be based on the fact that the existence of the agreement to continue is clearly demonstrable.

In re J.F. and J.F.

West Virginia Supreme Court · Feb 1, 2022

These findings shall not be set aside by a reviewing court unless clearly erroneous. … The record establishes that petitioner demonstrated an inadequate capacity to solve the problems of abuse or neglect on his own or with help.

Westfield Insurance Co. v. Davis

232 F. Supp. 3d 918 · District Court, S.D. West Virginia · Feb 7, 2017

Though the Davis Defendants’ policy simply uses the term “business,” rather than “business pursuits,” and specifically provides that activities done on a “part time or occasional basis” can qualify as “business,” this interpretation … ‘Waiver can be established by express conduct or impliedly, through inconsistent actions.” Ara v. Erie Ins. Co., 182 W.Va. 266 , 387 S.E.2d 320, 323 (1989).

Matter of Starcher

202 W. Va. 55 · West Virginia Supreme Court · Jan 23, 1998

Clearly, stipulations of fact may be used in a criminal action to prove a crime, or some element thereof, beyond a reasonable doubt. … Clearly, the respondent’s letter was more than a mere response to a request for information.

Rollins v. Ames

District Court, S.D. West Virginia · Mar 25, 2025

The State habeas court determined that “[b]ased on the totality of the evidence, the Court FINDS that there was no plea agreement or immunity agreement between the State and April Bailes when … The magistrate judge aptly concluded that the determination made by the State habeas court was “not contrary to, or an unreasonable application of, clearly established federal law; or based on an

Booten v. Pinson

77 W. Va. 412 · West Virginia Supreme Court · Dec 17, 1915

Wider, 53 Ill. 302 , it appears that the legislature, in 1867, passed an act establishing a police for the city of East St. … The extreme views there expressed by Judge Cooley, respecting the socalled right of local self-government, were not necessary to a decision of the case, and are clearly against the great weight of American authorities.

Rogers v. City of South Charleston

163 W. Va. 285 · West Virginia Supreme Court · Jul 11, 1979

system." [2] Clearly, the Board may not enter into contracts or purchase or hold land for any other purpose. … Employment both in government (except under affirmative action programs) and major industry is sufficiently attractive that all positions can be staffed by the highly qualified; the marginally qualified are left to work in

Ex parte Low

24 W. Va. 620 · West Virginia Supreme Court · Sep 27, 1884

In order to present this enquiry clearly and that there may be an intelligent understanding of the issue raised by it, it is necessary to make a brief review of the legislation on the subject which preceded the said act of … This action of the court was judicial in its nature and the judgment thus pronounced was protected from being assailed collaterally in any manner or proceeding under the well established rule of law, that the sentence or