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194 W.Va. 657 (1995) | Cited 245 times
... January 1995 Term Appeal from the Circuit Court of Kanawha County Honorable Paul Zakaib, Jr., Judge No. 93-F-105 REVERSED AND REMANDED Submitted: May 10, 1995 Filed: July 19, 1995 Mary Beth Kershner Assistant Prosecuting Attorney Charleston, West Virginia Attorney for Appellee Stephen D. ...
504 S.E.2d 419 (1998) | Cited 181 times
... CERTIFIED QUESTIONS ANSWERED Submitted: January 14, 1998 SYLLABUS BY THE COURT 1. "When a certified question is not framed so that this Court is able to fully address the law which is involved in the question, then this Court retains the power to reformulate questions certified to it under . . . ...
689 S.E.2d 255 (2009) | Cited 142 times
... AFFIRMED, IN PART, REVERSED, IN PART AND REMANDED Submitted: October 7, 2009 CHIEF JUSTICE BENJAMIN concurs, in part, and dissents, in part, and reserves the right to file a separate opinion. JUSTICE DAVIS concurs, in part, and dissents, in part, and reserves the right to file a separate ...
398 S.E.2d 123 (1990) | Cited 115 times
... 1. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or ...
633 S.E.2d 771 (2006) | Cited 94 times
... AFFIRMED, IN PART, AND REVERSED, IN PART Submitted: May 10, 2006 JUSTICE MAYNARD concurs, in part, and dissents, in part, and reserves the right to file a separate opinion. Appellants Jason Lawson and Eugene Blake appeal from an order entered by the circuit court of Randolph County enjoining ...
208 W.Va. 486 (2000) | Cited 93 times
... CERTIFIED QUESTION ANSWERED Submitted: June 7, 2000 JUSTICE SCOTT delivered the Opinion of the Court JUSTICE STARCHER and JUSTICE MCGRAW concur and reserve the right to file concurring Opinions. This case arises upon certified question from the Circuit Court of Berkeley County and presents the ...
204 W.Va. 95 (1998) | Cited 92 times
... January 1997 Term AFFIRMED. Submitted: January 28, 1997 RETIRED JUSTICE MCHUGH sitting by temporary assignment. JUSTICE MCCUSKEY not participating. CHIEF JUSTICE WORKMAN concurs, in part, and Dissents, in part, and reserves the right to file a separate opinion. I. FACTUAL AND PROCEDURAL ...
624 S.E.2d 761 (2005) | Cited 90 times
... REVERSED Submitted: November 1, 2005 In these consolidated cases, the West Virginia Department of Health and Human Resources (hereinafter "WVDHHR") appeals from the dispositions in two separate juvenile delinquency proceedings where the respective circuit courts 1 temporarily placed the ...
216 W.Va. 40 (2004) | Cited 78 times
... Submitted: February 24, 2004 JUSTICE STARCHER concurs and reserves the right to file a concurring opinion. In this appeal from the Circuit Court of Mason County, we are asked to review an order granting summary judgment to an insurance company in a declaratory judgment action. Specifically, the ...
607 S.E.2d 803 (2004) | Cited 77 times
... AFFIRMED Submitted: September 28, 2004 In this appeal from the Circuit Court of Kanawha County, we are asked by the appellant to review a family court's order in a divorce action that distributes certain marital property of the parties, which requires the appellant to pay spousal support to the ...
509 S.E.2d 1 (1998) | Cited 72 times
... Appeal from the Circuit Court of Jackson County Hon. Charles E. McCarty, Judge Civil Action No. 94-C-50 REVERSED AND REMANDED Submitted: April 29, 1998 JUSTICE STARCHER delivered the Opinion of the Court. The appellants and defendants below, State Farm Fire and Casualty Company ("State Farm") ...
320 S.E.2d 70 (1983) | Cited 70 times
... 1. The essential elements for a successful defamation action by a private individual are (1) defamatory statements; (2) a nonprivileged communication to a third party; (3) falsity; (4) reference to the plaintiff; (5) at least negligence on the part of the publisher; and (6) resulting injury. 2. In ...
672 S.E.2d 395 (2008) | Cited 65 times
... AFFIRMED Submitted: September 24, 2008 JUSTICE ALBRIGHT not participating. SENIOR STATUS JUSTICE McHUGH, sitting by temporary assignment. In this appeal from the Circuit Court of Mingo County, we are asked to review a case where an employer discharged an employee after only four days of ...
504 S.E.2d 135 (1998) | Cited 65 times
... Certified Question from the United States Court of Appeals for the Fourth Circuit Honorable Donald Russell, United States Circuit Judge Civil Action Nos. 96-2229 and 96-2343 XAP CERTIFIED QUESTIONS ANSWERED Submitted: January 14, 1998 CHIEF JUSTICE DAVIS delivered the Opinion of the Court. ...
277 S.E.2d 606 (1981) | Cited 62 times
... 1. Habeas Corpus -- Hearing An omnibus habeas corpus hearing as contemplated in W.Va. Code, 53-4A-1 et. seq. [1967] occurs when: (1) an applicant for habeas corpus is represented by counsel or appears pro se having knowingly and intelligently waived his right to counsel; (2) the trial court ...
204 W.Va. 430 (1998) | Cited 56 times
... September 1998 Term Appeal from the Circuit Court of Lewis County Honorable Thomas H. Keadle, Judge Civil Action No. 95-C-53 REVERSED AND REMANDED. Submitted: October 7, 1998 SYLLABUS BY THE COURT 1. The standard of review applicable to an appeal from a motion to alter or amend a judgment, made ...
206 W.Va. 133 (1999) | Cited 54 times
... CERTIFIED QUESTION ANSWERED Submitted: March 23, 1999 This case comes to the Court on certified question from the United States District Court for the Northern District of West Virginia, and asks us to resolve the question of whether this jurisdiction recognizes a common-law cause of action for ...
289 S.E.2d 692 (1982) | Cited 54 times
... 1. Trial -- Special Verdicts -- Special Interrogatories Rule 49 of our Rules of Civil Procedure provides a proper vehicle to determine complex issues and requires that where the special verdicts or interrogatories are utilized, they may form a basis for altering a general verdict. 2. Master and ...
205 W.Va. 216 (1999) | Cited 54 times
... January 1999 Term REVERSED AND REMANDED Submitted: February 17, 1999 McGraw, Justice Appellants and plaintiffs below, Richard and Brenda Riffe (the "Riffes") appeal a grant of summary judgment against them and in favor of appellee and defendant below, Home Security of America, Inc., 1 1 in an ...
506 S.E.2d 578 (1998) | Cited 53 times
... Appeal from the Circuit Court of Kanawha County Honorable Andrew MacQueen, Judge Civil Action No. 95-C-327 AFFIRMED IN PART; REVERSED IN PART; AND REMANDED Submitted: February 17, 1998 CHIEF JUSTICE DAVIS delivered the Opinion of the Court. JUSTICE WORKMAN and JUSTICE STARCHER concur in part, ...
211 W.Va. 703 (2002) | Cited 53 times
... REVERSED Submitted: February 27, 2002 JUSTICE MCGRAW dissents and reserves the right to file a dissenting opinion. JUSTICE STARCHER concurs and reserves the right to file a concurring opinion. The appellant herein, State Farm Mutual Automobile Insurance Company [hereinafter referred to as ...
506 S.E.2d 64 (1998) | Cited 52 times
... Certified Question from the United States District Court for the Southern District of West Virginia Honorable Elizabeth V. Hallanan, Judge Civil Action No. 5:95-0090 CERTIFIED QUESTION ANSWERED Submitted: January 14, 1998 CHIEF JUSTICE DAVIS delivered the Opinion of the Court. JUSTICE MCCUSKEY ...
246 S.E.2d 270 (1978) | Cited 52 times
... 1. Master and Servant The rule that an employer has an absolute right to discharge an at will employee must be tempered by the principle that where the employer's motivation for the discharge is to contravene some substantial public policy principal, then the employer may be liable to the employee ...
506 S.E.2d 608 (1998) | Cited 51 times
... Certified Question from the United States District Court for the Northern District of West Virginia Honorable W. Craig Broadwater, Judge Civil Action No. 3:95-CV-60 CERTIFIED QUESTION ANSWERED; CASE DISMISSED Submitted: March 18, 1998 JUSTICE WORKMAN delivered the Opinion of the Court. This ...
211 W.Va. 549 (2002) | Cited 51 times
... Submitted: January 8, 2002 In the instant case, Mr. James Dunlap, 1 who is a plaintiff below and the petitioner before this Court, claims in a civil lawsuit filed in May of 2000 in the Circuit Court of Kanawha County that Friedman's, Inc., a jewelry store chain doing business in West Virginia ...
364 S.E.2d 778 (1987) | Cited 50 times
... Reversed and remanded. NEELY, Justice, Dissenting: I Dissent from the majority's holding today because Roger Goff met part of his spousal and child support by providing housing in kind as he allowed his wife and children to live in the marital home rent free while he continued to make the ...
603 S.E.2d 197 (2004) | Cited 49 times
... Submitted: February 24, 2004 CHIEF JUSTICE MAYNARD dissents and reserves the right to file a dissenting opinion. JUSTICE STARCHER concurs and reserves the right to file a concurring opinion. Through this appeal from the March 20, 2002, judgment order and the May 24, 2002, order denying ...
352 S.E.2d 73 (1986) | Cited 48 times
... 1. Whenever a policyholder substantially prevails in a property damage suit against its insurer, the insurer is liable for: (1) the insured's reasonable attorneys' fees in vindicating its claim; (2) the insured's damages for net economic loss caused by the delay in settlement, and damages for ...
266 S.E.2d 114 (1980) | Cited 45 times
... 1. Infants -- Termination of Parental Rights As a general rule the least restrictive alternative regarding parental rights to custody of a child under W.Va. Code, 49-6-5 [1977] will be employed; however, courts are not required to exhaust every speculative possibility of parental improvement ...
633 S.E.2d 22 (2006) | Cited 45 times
... CERTIFIED QUESTION ANSWERED Submitted: May 23, 2006 CHIEF JUSTICE DAVIS, deeming herself disqualified, did not participate in the decision in this case. JUSTICE BENJAMIN, deeming himself disqualified, did not participate in the decision in this case. JUDGE KAUFMAN, sitting by special ...
504 S.E.2d 893 (1998) | Cited 45 times
... Certified Question from the Circuit Court of Harrison County Honorable Thomas A. Bedell, Judge Civil Action No. 96-C-453-2 CERTIFIED QUESTION ANSWERED Submitted: April 28, 1998 JUSTICE MAYNARD delivered the Opinion of the Court. We are called upon here to answer a certified question from the ...
204 W.Va. 58 (1998) | Cited 45 times
... AFFIRMED Submitted: November 12, 1998 JUSTICE MAYNARD delivered the Opinion of the Court. JUSTICE MCGRAW did not participate in the decision of this case. The defendant below, appellant, Johnny Rodoussakis, was charged with felony murder in violation of W.Va. Code § 61-2-1 (1991) in the June ...
205 W.Va. 519 (1999) | Cited 44 times
... January 1999 Term AFFIRMED Submitted: February 17, 1999 JUSTICE MAYNARD Dissents. The appellant herein and intervenor below, the West Virginia Insurance Guaranty Association [hereinafter "WVIGA" or "the Association"], appeals from an order entered on January 21, 1998, by the Circuit Court of ...
208 W.Va. 325 (2000) | Cited 44 times
... REVERSED, IN PART, VACATED, IN PART, AND REMANDED Submitted: April 12, 2000 Darrell V. McGraw, Jr. Gerald R. Linkous Attorney General Randal W. Roahrig & Associates Charleston, West Virginia Princeton, West Virginia Katherine M. Mason Attorney for the Appellee, Assistant Attorney General Tracy B. ...
210 W.Va. 740 (2001) | Cited 43 times
... As amended December 12, 2001. CERTIFIED QUESTION ANSWERED Submitted: October 2, 2001 JUSTICE DAVIS delivered the Opinion of the Court. JUSTICE MAYNARD dissents and reserves the right to file a dissenting opinion. The United States District Court for the Northern District of West Virginia ...
358 S.E.2d 423 (1986) | Cited 43 times
... 1. Wrongful discharge is a tort action. 2. To successfully defend against a motion for summary judgment, the plaintiff must make some showing of fact which would support a prima facie case for his claim. 3. In order to make a prima facie case of employment discrimination under the West Virginia ...
198 W.Va. 378 (1996) | Cited 43 times
... September 1996 Term Appeal from the Circuit Court of Kanawha County Honorable Paul Zakaib, Jr., Judge Civil Action No. 92-C-4816 AFFIRMED Submitted: September 24, 1996 JUSTICE ALBRIGHT delivered the Opinion of the Court. JUSTICE CLECKLEY, deeming himself disqualified, did not participate in ...
356 S.E.2d 488 (1987) | Cited 42 times
... 1. Rule 19(a) establishes guidelines for the joinder of parties but, by reducing the probability that a party will be found to be indispensable, provides a trial court with more flexibility in the matter of joinder, and allows the trial court to exercise discretion in determining which parties will ...
213 W.Va. 80 (2002) | Cited 41 times
... AFFIRMED Submitted: November 14, 2002 JUSTICE STARCHER concurs and reserves the right to file a concurring opinion. JUSTICE MCGRAW concurs, in part, and dissents, in part, and reserves the right to file a separate opinion. The appellant herein and plaintiff below, Laura A. Finley, individually ...
204 W.Va. 495 (1998) | Cited 40 times
... Disciplinary Proceeding LICENSE ANNULLED Submitted: September 9, 1998 JUSTICE WORKMAN delivered the Opinion of the Court and was joined by CHIEF JUSTICE DAVIS and JUSTICES STARCHER, MAYNARD and MCCUSKEY. JUSTICE MCGRAW did not participate in the decision of this case. In this disciplinary ...
213 W.Va. 457 (2003) | Cited 40 times
... Petition for Writ of Prohibition WRIT GRANTED Submitted: January 14, 2003 CHIEF JUSTICE STARCHER concurs and reserves the right to file a concurring opinion. JUSTICE DAVIS concurs and reserves the right to file a concurring opinion. JUSTICE ALBRIGHT concurs and reserves the right to file a ...
219 S.E.2d 361 (1975) | Cited 40 times
... 1. Statutes The primary object in construing a statute is to ascertain and give effect to the intent of the Legislature. 2. Statutes In ascertaining legislative intent, effect must be given to each part of the statute and to the statute as a whole so as to accomplish the general purpose of the ...
655 S.E.2d 143 (2007) | Cited 39 times
... REVERSED AND REMANDED Submitted: September 12, 2007 JUSTICE BENJAMIN dissents and reserves the right to file a dissenting opinion. These consolidated cases are before this Court upon appeal of final orders of the Circuit Court of Harrison County entered on March 1, 2006, and May 25, 2006. 1 ...
508 S.E.2d 75 (1998) | Cited 39 times
... PETITION FOR A WRIT OF PROHIBITION WRIT GRANTED AS MOULDED Submitted: January 13, 1998 CHIEF JUSTICE DAVIS delivered the Opinion of the Court. This writ of prohibition was filed by petitioner/defendant below, Allstate Insurance Company (hereinafter "Allstate"), seeking to restrain the ...
668 S.E.2d 189 (2008) | Cited 39 times
... REVERSED AND REMANDED Submitted: February 27, 2008 JUSTICE BENJAMIN delivered the opinion of the Court. JUSTICES STARCHER and ALBRIGHT dissent and reserve the right to file dissenting opinions. Appellants herein and defendants below, Belk Incorporated, Crown American Crossroads, LLC, d/b/a ...
342 S.E.2d 156 (1986) | Cited 39 times
... 1. Where an insured is required to retain counsel to defend himself in litigation because his insurer has refused without valid justification to defend him, in violation of its insurance policy, the insured is entitled to recover from the insurer the expenses of litigation, including costs and ...
655 S.E.2d 509 (2007) | Cited 39 times
... AFFIRMED, IN PART, REVERSED, IN PART, AND REMANDED. Submitted: October 24, 2007 This matter is before this Court upon the appeal of Sharooz S. Jamie, M. D., defendant below, from the February 27, 2006, order of the Circuit Court of Wood County, West Virginia, dismissing his Second Amended ...
539 S.E.2d 437 (2000) | Cited 39 times
... REVERSED AND REMANDED WITH DIRECTIONS Submitted: April 12, 2000 JUSTICE SCOTT delivered the Opinion of the Court JUSTICE MCGRAW dissents and reserves the right to file a dissenting opinion. SYLLABUS BY THE COURT 1. Grievance rulings involve a combination of both deferential and plenary ...
209 W.Va. 392 (2001) | Cited 37 times
... AFFIRMED IN PART, REVERSED IN PART, AND REMANDED Submitted: January 9, 2001 JUSTICE DAVIS delivered the Opinion of the Court. JUSTICE MAYNARD dissents and reserves the right to file a dissenting opinion. JUSTICE STARCHER concurs and reserves the right to file a concurring opinion. Eastern ...
618 S.E.2d 387 (2005) | Cited 37 times
... REVERSED AND REMANDED Submitted: April 5, 2005 JUSTICE DAVIS concurs and reserves the right to file a concurring opinion. JUSTICE MAYNARD concurs, in part, and dissents, in part, and reserves the right to file a separate opinion. This case involves a circuit court's dismissal of a medical ...
503 S.E.2d 502 (1998) | Cited 37 times
... AFFIRMED, IN PART; REVERSED, IN PART; AND REMANDED Submitted: January 20, 1998 JUSTICE STARCHER filed a separate opinion Concurring in part and dissenting in part. JUSTICE WORKMAN, deeming herself disqualified, did not participate in the decision. JUDGE ALAN MOATS, sitting by temporary ...
210 W.Va. 621 (2001) | Cited 36 times
... REVERSED AND REMANDED WITH DIRECTIONS Submitted: September 18, 2001 Albright, Justice. This is an appeal by Patricia J. 1 (hereinafter "Appellant" or "mother") from an order of the Circuit Court of McDowell County terminating the Appellant's parental rights to her son Benny J., transferring ...
509 S.E.2d 842 (1998) | Cited 35 times
... Appeal from the Circuit Court of Kanawha County Honorable Tod J. Kaufman, Judge Criminal Action No. 96-F-225 AFFIRMED Submitted: September 15, 1998 Davis, Chief Justice Mr. Salmons, defendant below/appellant, (hereinafter "Mr. Salmons"), appeals a final judgment by the Circuit Court of Kanawha ...
210 W.Va. 490 (2001) | Cited 35 times
... As amended October 30, 2001. Second amendment November 2, 2001. Third amendment January 14, 2002. AFFIRMED Submitted: September 18, 2001 JUSTICE ALBRIGHT delivered the Opinion of the Court. CHIEF JUSTICE McGRAW and JUSTICE STARCHER concurr in part and dissent in part and reserve the right to ...
633 S.E.2d 311 (2006) | Cited 35 times
... REVERSED AND REMANDED Submitted: April 12, 2006 JUSTICE STARCHER delivered the Opinion of the Court. JUSTICE MAYNARD dissents. This is an appeal of a domestic battery conviction from the Circuit Court of Monongalia County. We are asked to examine whether the circuit court erred in permitting ...
694 S.E.2d 815 (2010) | Cited 33 times
... AFFIRMED, IN PART, CONDITIONALLY AFFIRMED, IN PART, REVERSED, IN PART, AND REMANDED Submitted: April 7, 2009 JUDGE MOATS delivered the opinion of the Court. JUSTICE BENJAMIN and JUSTICE McHUGH disqualified JUDGE DEREK C. SWOPE, and JUDGE ALAN D. MOATS, sitting by temporary assignment CHIEF ...
211 W.Va. 609 (2002) | Cited 33 times
... AFFIRMED Submitted: January 8, 2002 This case is before this Court upon appeal of a final order of the Circuit Court of McDowell County entered on December 29, 2000. In that order, the circuit court granted summary judgment in favor of the appellee and defendant below, Airco Heating and Cooling, ...
197 W.Va. 489 (1996) | Cited 33 times
... January 1996 Term WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES EX REL. BRENDA WRIGHT, SOCIAL SERVICE WORKER, Plaintiff Below, Appellee v. MELISSA C., BRIAN "S." C, LARRY "M." C., JOSEPH E., DAVID E., AND ANY KNOWN AND UNKNOWN PUTATIVE FATHER OR FATHERS OF THE INFANT CHILDREN, BRIAN "S." ...
233 S.E.2d 425 (1977) | Cited 33 times
... 1. Prohibition -- Pretrial Mental Examination Denial of pretrial mental examination of an accused criminal may be an abuse of discretion by a trial court. 2. Prohibition -- Trial Court's Jurisdiction A writ of prohibition will not issue to prevent a simple abuse of discretion by a trial court. ...
619 S.E.2d 138 (2005) | Cited 33 times
... REVERSED Submitted: March 8, 2005 JUSTICE BENJAMIN concurs, in part, and dissents, in part, and reserves the right to file a separate opinion. JUSTICE MAYNARD dissents and reserves the right to file a dissenting opinion. The appellant herein and petitioner below, Tina B., 1 appeals from an ...
435 S.E.2d 162 (1993) | Cited 32 times
... SYLLABUS BY THE COURT 1. "'Termination of parental rights, the most drastic remedy under the statutory provision covering the Disposition of neglected children, W.Va. Code, 49-6-5 [1977] may be employed without the use of intervening less restrictive alternatives when it is found that there is no ...
213 W.Va. 209 (2003) | Cited 32 times
... DISCIPLINARY PROCEEDING LICENSE TO PRACTICE LAW IN WEST VIRGINIA SUSPENDED FOR THREE YEARS WITH ADDITIONAL SANCTIONS Submitted: February 26, 2003 JUSTICE MCGRAW dissents and reserves the right to file a dissenting opinion. This lawyer disciplinary proceeding against John A. Scott was brought to ...
210 W.Va. 394 (2001) | Cited 32 times
... REVERSED AND REMANDED Submitted: November 7, 2001 In this case from the Circuit Court of Hardy County, we address a situation where a wife, in the defense of her husband, shot and killed a third-party aggressor. The wife has been acquitted of any criminal responsibility, but the alleged ...
424 S.E.2d 591 (1992) | Cited 31 times
... SYLLABUS BY THE COURT A public executive official who is acting within the scope of his authority and is not covered by the provisions of W.Va. Code, 29-12A-1, et seq., is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly ...
253 S.E.2d 666 (1979) | Cited 31 times
... 1. Federal Courts -- Certifying Questions From the language of W.Va. Code, 51-1A-1, together with the conventional construction placed by other courts on similar certification statutes, this Court, in answering a certified question, must of necessity determine the present law bearing on the issue ...
342 S.E.2d 453 (1986) | Cited 31 times
... 1. "'Upon a motion to direct a verdict for the defendant, every reasonable and legitimate inference fairly arising from the testimony, when considered in its entirety, must be indulged in favorably to plaintiff; and the court must assume as true those facts which the jury may properly find under ...
314 S.E.2d 166 (1983) | Cited 31 times
... 1. W.Va. Rules of Civil Procedure, Rule 57, permits a trial court to grant further relief, including damages, in a declaratory judgment proceeding. Syllabus Point 5 of Tharp v. Tharp, 131 W.Va. 529, 48 S.E.2d 793 (1948), is overruled. 2. To establish prima facie proof of tortious interference, a ...
208 W.Va. 664 (2000) | Cited 30 times
... AFFIRMED Submitted: September 6, 2000 JUSTICE SCOTT delivered the Opinion of the Court. JUSTICE MCGRAW dissents and reserves the right to file a dissenting Opinion. Appellant Animal Urgent Care ("Animal Care") appeals from the May 21, 1999, order of the Circuit Court of Ohio granting summary ...
213 W.Va. 704 (2003) | Cited 29 times
... CERTIFIED QUESTIONS ANSWERED Submitted: March 25, 2003 We are called upon to answer certified questions from the Circuit Court of Logan County regarding the viability of independent torts for spoliation of evidence. In the exercise of our discretion, we reformulate the certified questions as ...
204 W.Va. 525 (1999) | Cited 29 times
... PETITION FOR WRIT OF MANDAMUS WRIT DENIED Submitted: September 8, 1998 JUSTICE MAYNARD Dissents and reserves the right to file a Dissenting opinion. In this original jurisdiction proceeding, the petitioners herein, ACF Industries, Inc., Wheeling-Pittsburgh Steel Corporation, Elkay Mining ...
213 W.Va. 524 (2003) | Cited 29 times
... REVERSED AND REMANDED Submitted: January 15, 2003 CHIEF JUSTICE STARCHER concurs, in part, and dissents, in part, and reserves the right to file a separate opinion. The appellant herein and plaintiff below, Steven Tackett [hereinafter referred to as "Mr. Tackett"], appeals from an October 30, ...
503 S.E.2d 541 (1998) | Cited 29 times
... VACATED IN PART AND REVERSED IN PART. Submitted: June 3, 1998 Davis, Chief Justice: The respondents below and appellants herein, the Summers County Board of Education and Charles R. Rodes, Superintendent of Summers County Schools and Secretary of the Summers County Board of Education ...
211 W.Va. 712 (2002) | Cited 29 times
... AFFIRMED Submitted: February 26, 2002 JUSTICES STARCHER and McGRAW dissent and reserve the right to file dissenting opinions. This is an appeal by Patrick B. Belcher (hereinafter "Appellant") from a February 7, 2001, order of the Circuit Court of Kanawha County granting summary judgment in favor ...
213 W.Va. 675 (2003) | Cited 28 times
... REVERSED AND REMANDED Submitted: January 21, 2003 In this appeal from the Circuit Court of Hancock County, we are asked to review a circuit court's dismissal of an amended complaint, on the ground that the amended complaint was filed after the expiration of the statute of limitation. After ...
538 S.E.2d 719 (2000) | Cited 28 times
... AFFIRMED Submitted: June 7, 2000 The Opinion of the Court was delivered PER CURIAM. JUSTICES STARCHER and MCGRAW dissent and reserve the right to file dissenting opinions. Ola Mae Taylor, the appellant and plaintiff below in a medical malpractice case, appeals the final order of the Circuit ...
413 S.E.2d 418 (1991) | Cited 28 times
... 1. "The trial court, in appraising the sufficiency of a complaint on a Rule 12(b)(6) motion, should not dismiss the complaint unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, ...
206 W.Va. 51 (1999) | Cited 28 times
... AFFIRMED. Submitted: March 23, 1999 The appellants herein and defendants below, the West Virginia Development Office and its director, Thomas C. Burns [hereinafter collectively referred to as "the Development Office"], appeal from an order entered January 29, 1998, by the Circuit Court of Kanawha ...
172 S.E.2d 384 (1970) | Cited 27 times
... 1. Civil Service -- Police -- Rules and Regulations -- Rules and regulations promulgated and adopted by a police civil service commission pursuant to statutory authority have the force and effect of law and are therefore subject to the usual rules of statutory construction. 2. Statutory ...
207 W.Va. 135 (2000) | Cited 27 times
... AFFIRMED, IN PART, REVERSED, IN PART, AND REMANDED Submitted: February 22, 2000 The Opinion of the Court was delivered PER CURIAM. The appellant herein, and plaintiff below, Judy Banfi [hereinafter "Banfi"], as executrix of the estate of Bertha Cunningham [hereinafter "Mrs. Cunningham" or "the ...
204 W.Va. 6 (1998) | Cited 27 times
... AFFIRMED Submitted: October 7, 1998 The Opinion was delivered PER CURIAM. This is an appeal by Deborah Saunders, guardian, and Tim Mumaw, administrator for the estate of Edward Mumaw, deceased, 1 plaintiffs below/appellants (hereinafter collectively referred to as Administrator Mumaw), from an ...
280 S.E.2d 66 (1981) | Cited 27 times
... 1. Fraud -- Essential Elements in Action The essential elements in an action for fraud are: "(1) that the act claimed to be fraudulent was the act of the defendant or induced by him; (2) that it was material and false; that plaintiff relied upon it and was justified under the circumstances in ...
679 S.E.2d 660 (2009) | Cited 26 times
... CERTIFIED QUESTIONS ANSWERED Submitted: April 7, 2009 This case is before us on certified questions and presents issues regarding the availability of qualified immunity for police officers arising from the alleged unlawful arrest and detention of Appellee Euna Robinson following a 911 dispatch. ...
211 W.Va. 578 (2002) | Cited 26 times
... REVERSED AND REMANDED Submitted: May 21, 2002 In this appeal of a January 25, 2001 order from the Circuit Court of Kanawha County, the appellants contend that the circuit court improperly granted summary judgment to the appellees. After careful consideration of the record, we find genuine issues ...
206 W.Va. 521 (1999) | Cited 26 times
... REVERSED AND REMANDED Submitted: October 5, 1999 JUSTICE DAVIS delivered the Opinion of the Court. JUDGE ROBERT B. STONE, sitting by temporary assignment. JUSTICE SCOTT did not participate. Lowell Eugene Paynter appeals his conviction for second degree murder. Mr. Paynter first argues that the ...
352 S.E.2d 22 (1985) | Cited 26 times
... 1. "To maintain an action for malicious prosecution it is essential to prove (1) that the prosecution was malicious, (2) that it was without reasonable or probable cause, and (3) that it terminated favorably to plaintiff." Syl. pt. 1, Lyons v. Davy-Pocahontas Coal Co., 75 W.Va. 739, 84 S.E. 744 ...
204 W.Va. 449 (1998) | Cited 26 times
... September 1998 Term Appeal from the Circuit Court of Mason County Honorable O.C. Spaulding, Judge Criminal Action No. 96-F&M-47 REVERSED AND REMANDED Submitted: September 23, 1998 Davis, Chief Justice Zenie Junior Myers, III, defendant/appellant (hereinafter "Mr. Myers"), appeals from orders ...
210 W.Va. 682 (2001) | Cited 26 times
... REVERSED AND REMANDED Submitted: September 18, 2001 JUSTICE STARCHER delivered the Opinion of the Court. JUSTICE DAVIS dissents and reserves the right to file a dissenting opinion. JUSTICE MAYNARD dissents and reserves the right to file a dissenting opinion. In this appeal from the Circuit ...
205 W.Va. 450 (1999) | Cited 25 times
... January 1999 Term AFFIRMED, IN PART; MODIFIED, IN PART; AND REMANDED Submitted: June 8, 1999 CHIEF JUSTICE STARCHER and JUSTICE MCGRAW Dissent. Davis, Justice The appellants herein and plaintiffs below, Marvin T. Bowers, Bessie C. Bowers, Esta M. Bell, and John R. Bell [hereinafter ...
203 W.Va. 631 (1998) | Cited 25 times
... AFFIRMED. Submitted: September 9, 1998 CHIEF JUSTICE DAVIS delivered the Opinion of the Court. Defendants below, George A. Easton and Kevin True, 1 appeal from sentencing orders entered September 11, 1997, by the Circuit Court of Hampshire County. Both defendants previously had been convicted ...
197 W.Va. 651 (1996) | Cited 25 times
... September 1996 Term TOMEKA L. ROBINSON HARRISON, ADMINISTRATRIX OF THE ESTATE OF MEAGAN LEA ROBINSON, AND TOMEKA L. ROBINSON HARRISON, IN HER OWN RIGHT, Plaintiff Below, Appellant v. CEE ANN DAVIS, M.D.; JUDITH K. VOLKAR, M.D.; MATTHEW T. MONTGOMERY, M.D.; RALEIGH GENERAL HOSPITAL, A WEST ...
607 S.E.2d 772 (2004) | Cited 25 times
... WRIT GRANTED AS MOULDED Submitted: September 1, 2004 JUSTICE DAVIS, deeming herself disqualified, did not participate in the decision in this case. JUDGE PRATT, sitting by special assignment. JUSTICE STARCHER concurs and reserves the right to file a concurring opinion. JUSTICE MCGRAW concurs, ...
601 S.E.2d 18 (2004) | Cited 25 times
... Submitted: January 14, 2004 JUSTICE MCGRAW concurs and reserves the right to file a concurring opinion. The appellant Judson White appeals the Kanawha County Circuit Court's order denying the appellant's petition for a second habeas corpus hearing. In his appeal to this Court, the appellant ...
194 S.E.2d 657 (1973) | Cited 24 times
... 1. Habeas Corpus -- A court having jurisdiction over habeas corpus proceedings may deny a petition for a writ of habeas corpus without a hearing and without appointing counsel for the petitioner if the petition, exhibits, affidavits or other documentary evidence filed therewith show to such ...
617 S.E.2d 760 (2005) | Cited 24 times
... AFFIRMED Submitted: February 23, 2005 JUSTICE DAVIS concurs and reserves the right to file a separate opinion. CHIEF JUSTICE ALBRIGHT dissents in part, concurs in part, and reserves the right to file a separate opinion. JUSTICE STARCHER dissents in part, concurs in part, and reserves the right ...
208 W.Va. 11 (2000) | Cited 24 times
... CERTIFIED QUESTIONS ANSWERED. Submitted: June 7, 2000 JUSTICE DAVIS delivered the Opinion of the Court. The Circuit Court of Grant County presents this Court with a certified question involving various issues related to the discovery of the medical records of a party to a law suit from a ...
629 S.E.2d 739 (2006) | Cited 24 times
... AFFIRMED, IN PART; REVERSED, IN PART; AND REMANDED Submitted: February 15, 2006 Linda and Clinton Farley (hereinafter referred to as "the Farleys") appeal from an order entered September 27, 2004, by the Circuit Court of Cabell County. By that order, the circuit court granted summary judgment in ...
214 W.Va. 77 (2003) | Cited 24 times
... AFFIRMED Submitted: February 11, 2003 Appellant Gary A. Williamson, the plaintiff in an underlying slip and fall case, filed a separate action against appellee Lewis Harden, who had testified as a witness in the trial of the slip and fall case. Dr. Williamson alleged below that Mr. Harden had ...
207 W.Va. 203 (1999) | Cited 24 times
... AFFIRMED IN PART, REVERSED IN PART AND REMANDED WITH DIRECTIONS Submitted: January 26, 1999 CHIEF JUSTICE STARCHER and JUSTICE MCGRAW dissent and reserve the right to file a dissenting opinion in Kay K. Meadows v. Wal-Mart Stores, Inc.; Beverly Judy, et al. v. Sheetz Corporation; and Elizabeth ...
287 S.E.2d 504 (1982) | Cited 23 times
... 1. Indictment and Information -- Grand Larceny An indictment for grand larceny that follows the language of W.Va. Code, 62-9-10, is sufficient. 2. Municipal Corporations -- Officers -- Power of Pursuit and Arrest W.Va. Code, 8-14-3 gives a municipal officer authority of pursuit and arrest beyond ...
211 W.Va. 285 (2002) | Cited 23 times
... Reversed and Remanded Submitted: February 19, 2002 JUSTICE MAYNARD dissents and reserves the right to file a dissenting opinion. The appellants, Samuel O'Dell and Eva O'Dell, have appealed a verdict rendered by a Wood County jury on August 25, 2000, in a medical malpractice case. The appellants ...