Case law

Braley v. Thompson

District Court, S.D. West Virginia · Mar 3, 2023

Nov. 17, 2017) (holding political subdivision was immune from claims for IIED, outrage, and battery). … IIED—was intentional); , 2021 WL 5056081, at *4 (upholding claims for battery, IIED, and excessive force but dismissing negligence claim because allegation that defendant’s actions were “willful and wanton” clearly

Cook v. Cook

216 W. Va. 353 · West Virginia Supreme Court · Dec 1, 2004

As we have noted, the relevant language in Jordan clearly focuses on the consequences resulting from the negligent act rather than the nature of any injury sustained as a result of that act. … court, the test applicable to future damages in Jordan has never required that the injury sustained by a plaintiff in a personal injury case be permanent in nature or result in permanent impairment to the person in order to qualify

O'Dell v. Criss & Shaver, Inc.

123 W. Va. 290 · West Virginia Supreme Court · May 13, 1941

In the former case the plaintiff sought in an action based upon a contract for the sale of merchandise to establish damages which were purely speculative and conjectural. In-Hare v. … Basil, who qualified himself as an experienced estimator, gave an estimated profit of thirteen cents a batch, and testified that each of the trucks assigned to the work would have hauled on an average five batches per hour

Calvert v. Scharf

217 W. Va. 684 · West Virginia Supreme Court · Jun 30, 2005

transaction between [the lawyer] and the testator intended to accomplish was to provide for the transfer of property to [the beneficiaries]; the damage to [the beneficiaries] in the event of invalidity of the bequest was clearly … Instead, they suggest that merely establishing that they were sued in the declaratory judgment action should be sufficient to establish proximate cause. We reject this position.

Blanchard v. United States

District Court, N.D. West Virginia · Nov 8, 2017

The United States cannot be sued in a tort action unless it is clear that Congress has waived the government’s sovereign immunity and authorized suit under the FTCA. Dalehite v. … Clearly, the plaintiff made no mention that his injury was the result of his being assigned to a top bunk in violation of a lower bunk pass, and therefore, the Bureau of Prisons was not given the opportunity to investigate

Knotts v. Nelson

West Virginia Supreme Court · Sep 27, 2021

On May 1, 2006, decedent’s will was admitted into probate in Clay County, and petitioner and respondent were qualified as co-executrixes of their mother’s estate. … Accordingly, the record clearly supports the county commission’s decision to require petitioner to pay the fees and expenses billed to petitioner by Mr.

HD Media Company, LLC d/b/a Charleston Gazette-Mail v. West Virginia University Board of Governors

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

Significantly, we really do not know how most of the topics at issue allegedly qualify as “commercial competition.”13 The Board never explained how each topic of discussion qualifies, leaving it to the circuit … To do so, it must establish that the topic implicates and fits within the scope of the commercial competition exception.

State of West Virginia ex rel. West Virginia Division of Corrections and Rehabilitation v. Honorable Alfred E. Ferguson, Judge of the Circuit Court of Cabell County, West Virginia and Mary Jane McComas, as Administratrix of the Estate of Deanna R. McDonald

West Virginia Supreme Court · Jun 8, 2023

Negligence of Doe and the agency defendant violated clearly established rights of Ms. … McDonald and violated clearly established law with respect to training, supervision, discipline, employment and retention of the individual defendants which was a proximate cause

Peabody Ins. v. Wilson & Beasley

29 W. Va. 528 · West Virginia Supreme Court · Apr 9, 1887

The notary’s statement in the protest, that he notified the endorsers is qualified, by specifying the notices to them at New Albany. The bill was drawn, endorsed and payable in Ohio. … In the case of an endorser it would clearly" be insufficient to send notice to the place where the bill or note is dated without showing something more.

Williams v. Dr. Rashed

District Court, S.D. West Virginia · Sep 30, 2020

Williams’ amended complaint may not have qualified for the “rare, exceptional instance where administrative exhaustion” is facially apparent, the Court SUSTAINS Mr. … Williams has alleged in his amended complaint, however, that while segregated to his cell “as [a] chronic and terminally ill inmate with a low immune system,” Ms.

State of West Virginia ex rel. West Virginia Division of Corrections and Rehabilitation v. Honorable Alfred E. Ferguson, Judge of the Circuit Court of Cabell County, West Virginia and Mary Jane Comas, as Administratrix of the Estate of Deanna R. McDonald

West Virginia Supreme Court · Jun 8, 2023

Negligence of Doe and the agency defendant violated clearly established rights of Ms. … McDonald and violated clearly established law with respect to training, supervision, discipline, employment and retention of the individual defendants which was a proximate cause

State v. David D. W.

214 W. Va. 167 · West Virginia Supreme Court · Apr 21, 2003

Clearly, time is not an element of the offenses with which the appellant was charged. See State ex rel. State v. Reed, 204 W.Va. 620 , 523, 514 S.E.2d 171, 174 (1999). … While actual dates and times were never established, as we explained above, such evidence is not required.

Nutter v. Mellinger

District Court, S.D. West Virginia · Jan 13, 2020

Sovereign immunity would also prevent recovery for damages against defendant Fields in her official capacity. Virginia Office for Prot. & Advocacy, 563 U.S. at 253. … As previously explained, the Complaint has not plausibly alleged that the actions of the Housing Authority or defendant Fields qualify as state action.

American Casualty Co. of Reading, Pa. v. Morris

51 F. Supp. 889 · District Court, N.D. West Virginia · Sep 30, 1943

In order to meet these'requirements and to qualify him as a carrier, Morris applied for and received the policy in question. … This would clearly indicate that each endorsement was considered separately and either approved, disapproved, or returned for further action.

Marietta Area Healthcare, Inc. v. King

District Court, N.D. West Virginia · Feb 23, 2023

“[T]he mere fact of reliance upon the advice of counsel does not establish the defense in a malicious prosecution case. … Under § 3730(d)(4) a qui tam defendant must establish that the plaintiff’s action was clearly 29 frivolous, clearly vexatious or brought primarily for

Haubrich v. Entzel

District Court, N.D. West Virginia · May 7, 2019

As to findings where no objections were made, such findings and recommendations will be upheld unless they are “clearly erroneous or contrary to law.” 28 U.S.C. § 636(b)(1)(A). … Ct. 2243 (2016), his 2 Pennsylvania conviction for aggravated assault does not categorically qualify as a crime of violence

Gilmer's Adm'r v. Baker's Adm'r

24 W. Va. 72 · West Virginia Supreme Court · Apr 19, 1884

It is, therefore, clearly admissible not only against him but against his sureties as such administration 1 Gr. Ev. secs. 174, 178, 179, 180; Cavendish v. Fleming, 3 Munf 198; Swope v. … But the General Assembly of Virginia on April 6, 1839, before Berry qualified as administrator cfe bonis non of Baker, passed an act which is conclusive on this question.

State Ex Rel. Cooper v. Caperton

196 W. Va. 208 · West Virginia Supreme Court · Feb 29, 1996

Rather, “even when the trial judge adopts proposed findings verbatim, the findings are those of the court and may be reversed only if clearly erroneous.” Anderson v. … The Authority and its responsibilities are established in W.Va.Code, 20-5C-1, et seq. 2 . The Council was created and given authority in 1994 pursuant to W.Va.Code, 31-15A-1, et seq. 3 .

Dilcher v. Dilcher

83 W. Va. 135 · West Virginia Supreme Court · Nov 15, 1918

To relieve Henry of liability for the unpaid indebtedness, under these circumstances, would be clearly unjust and inequitable. … In a qualified sense, he has assumed that debt and Henry is equitably bound to allow him to apply his share of the rents' to the payment thereof.

Timothy Stewart v. Patrick Mirandy, Warden

West Virginia Supreme Court · Sep 2, 2016

We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a … With regard to petitioner’s second assignment of error, we note that, in West Virginia, claims of ineffective assistance of counsel are governed by the two-pronged test established in Strickland v.