Supreme Court of Appeals of West Virginia Decisions 2015
Opinions 501 - 1000 of 1029
Date: June 15, 2015
Docket Number: 14-1156
Date: June 15, 2015
Docket Number: 14-1196
Date: June 12, 2015
Docket Number: 14-0218
Date: June 12, 2015
Docket Number: 14-0371
Date: June 12, 2015
Docket Number: 14-0577
Date: June 12, 2015
Docket Number: 14-0601
Date: June 12, 2015
Docket Number: 14-0727
Date: June 12, 2015
Docket Number: 14-0736
Date: June 12, 2015
Docket Number: 14-0815
Date: June 12, 2015
Docket Number: 14-0831
Date: June 12, 2015
Docket Number: 14-0841
Date: June 12, 2015
Docket Number: 14-0842
Date: June 12, 2015
Docket Number: 14-0843
Date: June 12, 2015
Docket Number: 14-0865
Date: June 12, 2015
Docket Number: 14-0929
Date: June 12, 2015
Docket Number: 14-0930
Date: June 12, 2015
Docket Number: 14-0955
Date: June 11, 2015
Docket Number: 14-0662
Date: June 11, 2015
Docket Number: 14-0662
Justia Opinion Summary: Plaintiff entered into a verbal contract with Jerry Morrison for the construction of a log home on her property. Plaintiff entered into a second verbal contract with James Phillips to build the basement walls and a…
Date: June 10, 2015
Docket Number: 13-1084
Date: June 10, 2015
Docket Number: 13-1084
Justia Opinion Summary: Respondents brought an action against their employer and its CEO (collectively, Petitioners) alleging gender discrimination in violation of the West Virginia Human Rights Act and sexual harassment based on a hostile work…
Date: June 10, 2015
Docket Number: 13-1116
Justia Opinion Summary: The parties in this litigation were involved in an automobile collision at an intersection. Each driver claimed to have the right-of-way at the time of the collision. Plaintiff filed suit against Defendant alleging…
Date: June 10, 2015
Docket Number: 14-0556
Date: June 10, 2015
Docket Number: 14-0556
Date: June 10, 2015
Docket Numbers: 14-0660, 14-0714
Date: June 10, 2015
Docket Numbers: 14-0734, 14-0764
Justia Opinion Summary: Patricia Jones (Patricia) and Danny Akers (Danny) divorced. Thereafter, Judy Vannoy Akers (Judy) and Danny married. After Danny died, the West Virginia Public Employees Retirement Board (Board) awarded Judy disability…
Date: June 10, 2015
Docket Number: 14-0970
Date: June 10, 2015
Docket Number: 14-0970
Justia Opinion Summary: After a jury trial, Derek S. was convicted of eighty-one counts of sexual offenses involving a minor female child. The circuit court granted the post-trial motion of Derek S. for a new trial based upon the trial court’s…
Date: June 9, 2015
Docket Numbers: 13-0748, 14-0349
Date: June 9, 2015
Docket Number: 13-1323
Date: June 9, 2015
Docket Number: 13-1323
Date: June 9, 2015
Docket Number: 14-0723
Justia Opinion Summary: A driver for Medford Trucking, LLC was injured while his truck was being loaded with coal by employees of Elk Run Coal Co. The driver sued Elk Run. A hauling and delivery agreement between Elk Run and Medford contained…
Date: June 9, 2015
Docket Number: 15-0094
Date: June 9, 2015
Docket Number: 15-0094
Justia Opinion Summary: Plaintiff, individually on and behalf of the Estate of Sharon Hanna (the decedent), brought an action against HCR ManorCare, LLC and other entities and individuals engaged in the operation of nursing homes and assisted…
Date: June 8, 2015
Docket Number: 14-1168
Date: June 1, 2015
Docket Number: 13-0964
Date: June 1, 2015
Docket Number: 13-1025
Date: June 1, 2015
Docket Number: 13-1028
Date: June 1, 2015
Docket Number: 13-1035
Date: June 1, 2015
Docket Number: 13-1291
Date: June 1, 2015
Docket Number: 14-0360
Date: June 1, 2015
Docket Number: 14-0707
Date: June 1, 2015
Docket Number: 14-0774
Date: June 1, 2015
Docket Number: 14-0870
Date: June 1, 2015
Docket Number: 14-0872
Date: June 1, 2015
Docket Number: 14-0882
Date: June 1, 2015
Docket Number: 14-0940
Date: June 1, 2015
Docket Number: 14-0941
Date: June 1, 2015
Docket Number: 14-0942
Date: June 1, 2015
Docket Number: 14-0943
Date: June 1, 2015
Docket Number: 14-0947
Date: June 1, 2015
Docket Number: 14-0971
Date: June 1, 2015
Docket Number: 14-0974
Date: June 1, 2015
Docket Number: 14-0975
Date: May 29, 2015
Docket Number: 14-0339
Justia Opinion Summary: Petitioner pled guilty to the willful and knowing violation of the terms of a domestic protective order. After a jury trial, Petitioner was found guilty of burglary by entering without breaking, abduction with the intent…
Date: May 29, 2015
Docket Number: 14-0911
Date: May 28, 2015
Docket Number: 14-0144
Date: May 26, 2015
Docket Number: 14-0637
Date: May 22, 2015
Docket Number: 14-0200
Justia Opinion Summary: After a trial, the circuit court convicted Petitioner of operating or attempting to operate a clandestine drug laboratory and conspiracy to operate or attempt to operate a clandestine drug laboratory. The Supreme Court…
Date: May 22, 2015
Docket Number: 14-0321
Justia Opinion Summary: After a jury trial, Petitioner was convicted of first degree murder without mercy and concealment of a deceased human body. The Supreme Court affirmed, holding that the trial court did not err by (1) determining that…
Date: May 22, 2015
Docket Number: 14-0342
Date: May 22, 2015
Docket Number: 14-0342
Justia Opinion Summary: Respondent was arrested for driving under the influence of alcohol (DUI) and refused to submit to a secondary breath test. Respondent’s driver’s license was subsequently revoked by the West Virginia Division of Motor…
Date: May 22, 2015
Docket Number: 14-0403
Justia Opinion Summary: Petitioners, the grandparents and temporary guardians of F.R., a three-year-old child, petitioned for guardianship of F.R. After an evidentiary hearing, the circuit court denied the petition for guardianship and ordered…
Date: May 21, 2015
Docket Number: 14-0158
Date: May 21, 2015
Docket Number: 14-0158
Justia Opinion Summary: Jarrett Smith was injured when his vehicle collided with a truck owned by Modular Building Consultants of West Virginia, Inc. and operated by Billy Joe McLaughlin. Prior to the collision, McLaughlin had arrived at a job…
Date: May 21, 2015
Docket Number: 14-0370
Date: May 21, 2015
Docket Number: 14-0370
Justia Opinion Summary: Petitioner filed this civil action under the West Virginia Freedom of Information Act (FOIA) requesting from West Virginia University School of Medicine (WVU) documents relating to eight articles co-authored by a WVU…
Date: May 21, 2015
Docket Number: 14-0400
Date: May 20, 2015
Docket Numbers: 12-1473, 13-0312
Date: May 20, 2015
Docket Numbers: 12-1473, 13-0312
Justia Opinion Summary: Two individuals (Claimants) who sustained work-related injuries received workers’ compensation benefits. Claimants sought additional benefits as a result of further symptoms related to their original workplace injuries…
Date: May 20, 2015
Docket Number: 14-0799
Justia Opinion Summary: American Towers LLC hired BPI, Inc., a West Virginia contractor, to construct a cell tower and cell tower compound in Kentucky. The access road collapsed within one year after the completion of the project. American…
Date: May 20, 2015
Docket Number: 14-0904
Date: May 20, 2015
Docket Number: 14-0904
Justia Opinion Summary: Elizabeth Shanton was indicted in a fifty-four count indictment connected to her use of a purchasing card (P-card) issued pursuant to West Virginia’s Purchasing Card Program. The circuit court dismissed fifty-three…
Date: May 18, 2015
Docket Number: 13-1248
Date: May 18, 2015
Docket Number: 13-1260
Date: May 18, 2015
Docket Number: 14-0014
Date: May 18, 2015
Docket Number: 14-0221
Date: May 18, 2015
Docket Number: 14-0270
Date: May 18, 2015
Docket Number: 14-0276
Date: May 18, 2015
Docket Number: 14-0401
Date: May 18, 2015
Docket Number: 14-0442
Date: May 18, 2015
Docket Number: 14-0448
Date: May 18, 2015
Docket Number: 14-0503
Date: May 18, 2015
Docket Number: 14-0590
Date: May 18, 2015
Docket Number: 14-0681
Date: May 18, 2015
Docket Number: 14-0801
Date: May 18, 2015
Docket Number: 14-0819
Date: May 18, 2015
Docket Number: 14-0906
Date: May 18, 2015
Docket Number: 14-0910
Date: May 18, 2015
Docket Number: 14-1012
Date: May 18, 2015
Docket Number: 14-1048
Date: May 18, 2015
Docket Number: 14-1161
Date: May 15, 2015
Docket Number: 14-0226
Date: May 15, 2015
Docket Number: 14-0316
Date: May 15, 2015
Docket Number: 14-0346
Date: May 15, 2015
Docket Number: 14-0355
Date: May 15, 2015
Docket Number: 14-0433
Date: May 15, 2015
Docket Number: 14-0483
Date: May 15, 2015
Docket Number: 14-0536
Date: May 15, 2015
Docket Number: 14-0626
Date: May 15, 2015
Docket Number: 14-0648
Date: May 15, 2015
Docket Number: 14-0650
Date: May 15, 2015
Docket Number: 14-0697
Date: May 15, 2015
Docket Number: 14-0729
Date: May 15, 2015
Docket Number: 14-0797
Date: May 15, 2015
Docket Number: 14-0851
Date: May 15, 2015
Docket Number: 14-0895
Justia Opinion Summary: The West Virginia Department of Health and Human Services (DHHR) filed a petition in the circuit court initiating the underlying abuse and neglect case. The petition alleged that Respondent Stepfather sexually abused…
Date: May 15, 2015
Docket Number: 14-0905
Date: May 13, 2015
Docket Number: 14-0042
Justia Opinion Summary: In 2013, the parties in this case were divorced pursuant to an agreed final order of divorce that included a mutual restraining order. The family court later found Respondent in contempt of court with regard to her…
Date: May 13, 2015
Docket Number: 14-0050
Justia Opinion Summary: This case involved the proper placement for two siblings, L.M., a three-year-old boy, and L.S., a two-year-old girl. The West Virginia Department of Health and Human Resrouces filed an abuse and neglect petition…
Date: May 13, 2015
Docket Number: 14-0144
Date: May 13, 2015
Docket Number: 14-0144
Justia Opinion Summary: Twenty-nine individual Respondents filed eight separate civil actions alleging that Petitioners - three pharmacies and a physician - and other medical providers negligently prescribed and dispensed controlled substances…
Date: May 13, 2015
Docket Number: 14-0194
Date: May 13, 2015
Docket Number: 14-0315
Justia Opinion Summary: Larry Myers, a sales associate, worked at Outdoor Express, Inc., a recreational vehicle dealership. Myers received no pay if no sales were finalized during the preceding two-week period. Myers filed claims for, and…
Date: May 13, 2015
Docket Number: 14-0372
Date: May 13, 2015
Docket Number: 14-0372
Justia Opinion Summary: When an officer working at a sobriety checkpoint encountered Respondent, the officer administered a series of field sobriety tests. The officer then administered a preliminary breath test, which Respondent failed. A…
Date: May 13, 2015
Docket Number: 14-0428
Date: May 13, 2015
Docket Number: 14-0428
Justia Opinion Summary: Respondent owned the mineral rights to a certain parcel of land. When the Division of Highways (DOH) began construction of a highway through the land owned by the surface owner, the DOH excavated approximately 237,187…
Date: May 13, 2015
Docket Number: 14-0446
Date: May 13, 2015
Docket Number: 14-1168
Justia Opinion Summary: Plaintiffs’ car and a work-truck owned by Energy Corporation of America (ECA) were involved in a wreck that occurred in Pennsylvania. Plaintiffs filed a tort claim in Harrison County against ECA. The circuit court…
Date: May 7, 2015
Docket Number: 13-0412
Date: May 7, 2015
Docket Number: 13-0415
Date: May 7, 2015
Docket Number: 13-0445
Date: May 7, 2015
Docket Number: 13-0447
Date: May 7, 2015
Docket Number: 13-0448
Date: May 7, 2015
Docket Number: 13-0459
Date: May 7, 2015
Docket Number: 13-0460
Date: May 7, 2015
Docket Number: 13-0461
Date: May 7, 2015
Docket Number: 13-1102
Date: May 7, 2015
Docket Numbers: 14-0068, 14-0743
Date: May 7, 2015
Docket Number: 14-0644
Date: May 7, 2015
Docket Number: 14-0654
Date: May 7, 2015
Docket Number: 14-0685
Date: May 7, 2015
Docket Number: 14-0691
Date: May 7, 2015
Docket Number: 14-0692
Date: May 7, 2015
Docket Number: 14-0708
Date: May 7, 2015
Docket Number: 14-0708
Date: May 7, 2015
Docket Number: 14-0709
Date: May 7, 2015
Docket Number: 14-0710
Date: May 7, 2015
Docket Number: 14-0711
Date: May 7, 2015
Docket Number: 14-0724
Date: May 7, 2015
Docket Number: 14-0742
Date: May 7, 2015
Docket Number: 14-0744
Date: May 7, 2015
Docket Number: 14-0745
Date: May 7, 2015
Docket Number: 14-0770
Date: May 7, 2015
Docket Number: 14-0773
Date: May 7, 2015
Docket Number: 14-0775
Date: May 7, 2015
Docket Number: 14-0817
Date: May 7, 2015
Docket Number: 14-0838
Date: May 7, 2015
Docket Number: 14-0873
Date: May 1, 2015
Docket Number: 14-0529
Date: May 1, 2015
Docket Number: 14-0682
Date: May 1, 2015
Docket Number: 14-0816
Date: May 1, 2015
Docket Number: 14-0822
Date: May 1, 2015
Docket Number: 14-1099
Date: April 24, 2015
Docket Number: 13-1312
Date: April 24, 2015
Docket Number: 14-0214
Date: April 24, 2015
Docket Number: 14-0214
Justia Opinion Summary: Respondent requested a hearing before the Office of Administrative Appeals (OAH) to contest the Department of Motor Vehicle’s (DMV) revocation of his driver’s license. The OAH issued a final order (the “original final…
Date: April 24, 2015
Docket Number: 14-0441
Date: April 24, 2015
Docket Number: 14-0441
Justia Opinion Summary: Plaintiffs signed a form contract with Defendant for the construction of a house. The contract contained an arbitration clause within which was a provision that Defendant contended was a “delegation provision” stating…
Date: April 23, 2015
Docket Number: 13-1265
Date: April 23, 2015
Docket Number: 14-0437
Date: April 23, 2015
Docket Number: 14-0637
Date: April 23, 2015
Docket Number: 14-0637
Justia Opinion Summary: At issue in this case was a dispute between a homeowners association that was a West Virginia Limited Expense Planned Community (“Association”), and homeowners who failed to pay their association assessments…
Date: April 17, 2015
Docket Numbers: 14-0555, 14-0532
Date: April 17, 2015
Docket Number: 14-0599
Date: April 17, 2015
Docket Number: 14-0683
Date: April 17, 2015
Docket Number: 14-0835
Date: April 13, 2015
Docket Number: 13-0895
Date: April 13, 2015
Docket Number: 14-0199
Date: April 13, 2015
Docket Number: 14-0482
Date: April 13, 2015
Docket Number: 14-0538
Date: April 13, 2015
Docket Number: 14-0640
Date: April 13, 2015
Docket Number: 14-0737
Date: April 13, 2015
Docket Number: 14-0758
Date: April 13, 2015
Docket Number: 14-0888
Date: April 13, 2015
Docket Number: 14-1250
Justia Opinion Summary: In 1996, the Mason County Board of Education and Michael Whalen, the then-superintendent of schools, entered into a settlement agreement in which Whalen agreed to forego the final year of his superintendent contract in…
Date: April 10, 2015
Docket Number: 13-0875
Date: April 10, 2015
Docket Number: 13-0875
Justia Opinion Summary: Russell H., a twenty-four-year-old coal miner, died in his sleep from a seizure, leaving behind his mother (Petitioner) and his six-year-old daughter, L.H. Petitioner, on L.H.’s behalf, applied for dependent’s death…
Date: April 10, 2015
Docket Number: 13-1095
Date: April 10, 2015
Docket Number: 13-1223
Date: April 10, 2015
Docket Number: 14-0159
Date: April 10, 2015
Docket Number: 14-0173
Justia Opinion Summary: After a jury-waived trial, Petitioner was found guilty of battery. The court found that the battery was sexually motivated and ordered Petitioner to register as a sex offender. The Supreme Court affirmed the battery…
Date: April 10, 2015
Docket Number: 14-0363
Justia Opinion Summary: After K.H.’s mother died, the family court appointed the material grandmother (Grandmother) as guardian of the child. Father did not object to Grandmother’s appointment. The court subsequently granted primary custody to…
Date: April 10, 2015
Docket Number: 14-0368
Date: April 10, 2015
Docket Number: 14-0427
Date: April 10, 2015
Docket Number: 14-0429
Justia Opinion Summary: Husband, who was fifty-one years old, filed a petition for divorce after twenty-eight years of marriage to Wife, who was sixty-two years old. The family court entered an order awarding spousal support to Wife in the…
Date: April 10, 2015
Docket Number: 14-0431
Date: April 10, 2015
Docket Number: 14-0472
Date: April 10, 2015
Docket Number: 14-0545
Date: April 10, 2015
Docket Numbers: 14-0582, 15-0583
Date: April 10, 2015
Docket Number: 14-0605
Date: April 10, 2015
Docket Number: 14-0658
Date: April 10, 2015
Docket Number: 14-0671
Justia Opinion Summary: Prior to his termination, Petitioner was employed by Respondent, a tin plate manufacturer, as a technician operator. After his termination, Petitioner and his wife (Petitioners) filed this action seeking damages for…
Date: April 10, 2015
Docket Number: 14-0680
Date: April 10, 2015
Docket Number: 14-0717
Date: April 10, 2015
Docket Number: 14-0998
Date: April 10, 2015
Docket Number: 14-0998
Justia Opinion Summary: Petitioner, an attorney, and Respondent, a non-lawyer, entered into a fee-sharing agreement in connection with certain lawsuits. Petitioner later filed a complaint seeking a declaratory judgment on the issue of whether…
Date: April 10, 2015
Docket Number: 14-1189
Date: April 10, 2015
Docket Number: 14-1189
Justia Opinion Summary: Nineteen unrelated mothers brought in the Circuit Court of Wayne County claims against Pfizer, Inc. and related entities (collectively, Respondents) on behalf of their respective minor children, alleging that their…
Date: April 9, 2015
Docket Number: 13-1123
Justia Opinion Summary: Pursuant to a plea agreement, Defendant pled guilty to one count of sexual assault in the third degree and to possession of a firearm by a prohibited person. Prior to sentencing, Petitioner moved to withdraw his plea on…
Date: April 9, 2015
Docket Number: 14-0040
Date: April 9, 2015
Docket Number: 14-0130
Date: April 9, 2015
Docket Number: 14-0146
Date: April 9, 2015
Docket Number: 14-0146
Justia Opinion Summary: After a jury trial, Respondent was convicted for sexual abuse in the first degree and sexual abuse by a custodian for his acts involving an eleven-year-old boy. Respondent later filed a pro se petition for a writ of…
Date: April 9, 2015
Docket Number: 14-0245
Justia Opinion Summary: After a jury trial, Respondent was convicted of one felony count of abduction with intent to defile and one misdemeanor count of battery. Respondent later filed a petition for writ of habeas corpus, asserting that his…
Date: April 9, 2015
Docket Number: 14-0278
Date: April 9, 2015
Docket Number: 14-0281
Date: April 9, 2015
Docket Number: 14-0432
Justia Opinion Summary: Mark and Tammy Davis owned property that secured a credit line deed of trust held by Huntington National Bank. The Davises failed to pay their 2005 and 2006 real property taxes, resulting in a notice of delinquency being…
Date: April 9, 2015
Docket Number: 14-0521
Date: April 9, 2015
Docket Number: 14-0766
Date: April 9, 2015
Docket Number: 14-0766
Justia Opinion Summary: Jack Garrett Ford, Inc. sold a Ford Expedition to an unidentified individual from a dealership located in West Virginia. The vehicle was manufactured and designed in Michigan by Ford Motor Company, which had its…
Date: April 9, 2015
Docket Number: 14-0981
Justia Opinion Summary: Petitioner, the prosecuting attorney of Ohio County, West Virginia, filed a juvenile petition against J.Y., a twelve-year-old boy charged with possession of a deadly weapon on the premises of an educational facility.…
Date: April 6, 2015
Docket Number: 13-1272
Date: April 6, 2015
Docket Number: 13-1280
Date: April 6, 2015
Docket Number: 13-1287
Date: April 6, 2015
Docket Number: 13-1289
Date: April 6, 2015
Docket Number: 13-1290
Date: April 6, 2015
Docket Number: 13-1292
Date: April 6, 2015
Docket Number: 13-1293
Date: April 6, 2015
Docket Number: 13-1294
Date: March 27, 2015
Docket Number: 14-0106
Date: March 27, 2015
Docket Number: 14-0389
Date: March 27, 2015
Docket Number: 14-0390
Date: March 27, 2015
Docket Number: 14-0392
Date: March 27, 2015
Docket Number: 14-0394
Date: March 27, 2015
Docket Number: 14-0395
Date: March 27, 2015
Docket Number: 14-0415
Date: March 27, 2015
Docket Number: 14-0419
Date: March 27, 2015
Docket Number: 14-0435
Date: March 27, 2015
Docket Number: 14-0580
Date: March 27, 2015
Docket Number: 14-0586
Date: March 27, 2015
Docket Number: 14-0594
Date: March 27, 2015
Docket Number: 14-0595
Date: March 27, 2015
Docket Number: 14-0602
Date: March 27, 2015
Docket Number: 14-0606
Date: March 27, 2015
Docket Number: 14-0607
Date: March 27, 2015
Docket Number: 14-0608
Date: March 27, 2015
Docket Number: 14-0614
Date: March 27, 2015
Docket Number: 14-0615
Date: March 27, 2015
Docket Number: 14-0618
Date: March 27, 2015
Docket Number: 14-0620
Date: March 17, 2015
Docket Number: 13-0446
Date: March 17, 2015
Docket Number: 13-0454
Date: March 17, 2015
Docket Number: 13-0570
Date: March 17, 2015
Docket Number: 13-0801
Date: March 17, 2015
Docket Number: 13-1154
Date: March 17, 2015
Docket Number: 14-0010
Date: March 17, 2015
Docket Number: 14-0378
Date: March 17, 2015
Docket Number: 14-1043
Date: March 17, 2015
Docket Number: 14-1043
Justia Opinion Summary: Tracie Dennis pleaded guilty to embezzlement. The circuit court sentenced Dennis to an indeterminate term of incarceration and directed that the sentence be suspended for a period of probation. While Dennis awaited…
Date: March 16, 2015
Docket Number: 13-1282
Date: March 16, 2015
Docket Number: 14-0026
Date: March 16, 2015
Docket Number: 14-0138
Date: March 16, 2015
Docket Number: 14-0138
Date: March 16, 2015
Docket Number: 14-0138
Date: March 16, 2015
Docket Number: 14-0156
Date: March 16, 2015
Docket Number: 14-0225
Date: March 16, 2015
Docket Number: 14-0334
Date: March 16, 2015
Docket Number: 14-0364
Date: March 16, 2015
Docket Number: 14-0421
Date: March 16, 2015
Docket Number: 14-0547
Date: March 16, 2015
Docket Number: 14-0641
Date: March 16, 2015
Docket Number: 14-0659
Date: March 16, 2015
Docket Number: 14-0674
Date: March 16, 2015
Docket Number: 14-0763
Date: March 16, 2015
Docket Number: 14-1092
Date: March 16, 2015
Docket Number: 14-1170
Date: March 13, 2015
Docket Number: 14-0086
Justia Opinion Summary: Pursuant to a plea agreement, Petitioner pleaded guilty to first degree felony murder. The circuit court accepted Petitioner’s plea, finding that Petitioner had freely and voluntarily entered his guilty plea with the…
Date: March 13, 2015
Docket Number: 14-0548
Date: March 13, 2015
Docket Number: 14-0663
Date: March 13, 2015
Docket Number: 14-0678
Date: March 13, 2015
Docket Number: 14-0712
Date: March 13, 2015
Docket Number: 14-0712
Date: March 12, 2015
Docket Number: 13-0592
Date: March 12, 2015
Docket Number: 13-0610
Date: March 12, 2015
Docket Number: 13-0622
Date: March 12, 2015
Docket Number: 13-0624
Date: March 12, 2015
Docket Number: 13-0628
Date: March 12, 2015
Docket Number: 13-0630
Date: March 12, 2015
Docket Number: 13-0848
Date: March 12, 2015
Docket Number: 14-1340
Date: March 11, 2015
Docket Number: 14-0043
Date: March 11, 2015
Docket Number: 14-0043
Date: March 11, 2015
Docket Number: 14-0215
Justia Opinion Summary: Lexon Insurance Company (“Lexon”) issued two performance bonds to DLM, LLC. Both bonds named Berkeley County as the obligee. DLM later defaulted under both bonds. Berkeley County filed this action against Lexon and DLM,…
Date: March 11, 2015
Docket Number: 14-1134
Justia Opinion Summary: In purchasing a vehicle, Robin Hinkle and her former husband purchased GAP Insurance issued by Safe-Guard Products International, LLC (Safe-Guard). The Hinkles were told that the GAP Insurance would relieve them of…
Date: March 11, 2015
Docket Number: 14-1136
Date: March 4, 2015
Docket Number: 14-0502
Date: March 4, 2015
Docket Number: 14-0508
Date: March 4, 2015
Docket Number: 14-0509
Date: March 4, 2015
Docket Number: 14-0510
Date: March 4, 2015
Docket Number: 14-0511
Date: March 4, 2015
Docket Number: 14-0519
Date: March 4, 2015
Docket Number: 14-0523
Date: March 4, 2015
Docket Number: 14-0562
Date: March 2, 2015
Docket Number: 14-0212
Date: March 2, 2015
Docket Number: 14-0212
Justia Opinion Summary: The decedents in this case were long distance drivers for Werner Enterprises. When the tractor-trailer they were driving as a team hit a guardrail and overturned, the tractor-trailer caught on fire, killing the…
Date: March 2, 2015
Docket Number: 14-0533
Justia Opinion Summary: An abuse and neglect petition was filed against Mother regarding her two children. Mother stipulated to allegations of abuse and neglect. The circuit court subsequently granted a post-adjudicatory improvement period for…
Date: February 27, 2015
Docket Number: 14-0103
Date: February 27, 2015
Docket Number: 14-0103
Justia Opinion Summary: The Commissioner of the West Virginia Division of Motor Vehicles entered an order that administratively revoked Respondent’s driver’s license for driving a motor vehicle while under the influence of alcohol (DUI). The…
Date: February 27, 2015
Docket Number: 14-0217
Date: February 27, 2015
Docket Number: 14-0275
Date: February 27, 2015
Docket Number: 14-0357
Date: February 27, 2015
Docket Number: 14-0439
Date: February 27, 2015
Docket Number: 14-0444
Date: February 27, 2015
Docket Number: 14-0647
Date: February 26, 2015
Docket Number: 13-1243
Date: February 26, 2015
Docket Number: 13-1243
Date: February 26, 2015
Docket Number: 13-1243
Date: February 26, 2015
Docket Number: 14-0219
Justia Opinion Summary: Respondent filed a complaint against Petitioners alleging that Petitioners placed certain impediments and obstructions within a twenty-foot right-of-way that existed over a paved roadway that provided deeded access to…
Date: February 26, 2015
Docket Number: 14-1045
Date: February 26, 2015
Docket Number: 14-1045
Justia Opinion Summary: A student-athlete was ejected from a high school football game for allegedly committing a flagrant personal foul. Because the West Virginia Secondary School Activities Commission (SSAC) does not allow participation in…
Date: February 12, 2015
Docket Number: 14-0258
Date: February 12, 2015
Docket Number: 14-0258
Justia Opinion Summary: Petitioner and his wife were guests at the hotel of the Mardi Gras Casino and Resort (Casino) when Petitioner was injured when he fell off a retaining wall between the hotel and the Casino onto the roadway. Petitioner…
Date: February 12, 2015
Docket Number: 14-0948
Date: February 12, 2015
Docket Number: 14-0948
Justia Opinion Summary: Patricia Powell filed this medical malpractice action against Dr. Todd Tallman, alleging that Dr. Tallman was medically negligent in causing the death of her spouse. During discovery, Powell moved to exclude from trial…
Date: February 9, 2015
Docket Number: 13-1278
Date: February 9, 2015
Docket Number: 14-0196
Date: February 9, 2015
Docket Number: 14-0300
Date: February 9, 2015
Docket Number: 14-0454
Date: February 9, 2015
Docket Number: 14-0899
Date: February 6, 2015
Docket Number: 13-0491
Date: February 6, 2015
Docket Number: 13-1203
Date: February 6, 2015
Docket Number: 13-1283
Date: February 6, 2015
Docket Number: 14-0058
Justia Opinion Summary: Ray Toney, a former employee of Citynet, LLC, filed an action seeking to redeem the vested balance of his Employee Incentive Plan account. The circuit court grant partial summary judgment to Toney, concluding that Toney…
Date: February 6, 2015
Docket Number: 14-0227
Date: February 6, 2015
Docket Number: 14-0474
Date: February 6, 2015
Docket Number: 14-0551
Date: February 6, 2015
Docket Number: 14-0569
Date: February 5, 2015
Docket Number: 12-1127
Justia Opinion Summary: Petitioner filed a claim for workers’ compensation for her peripheral neuropathy that she developed due to toxic exposure to heavy metals at the workplace. The claim was ruled compensable. Petitioner subsequently began…
Date: February 5, 2015
Docket Numbers: 13-0508, 13-1148
Date: February 5, 2015
Docket Number: 13-0522
Date: February 5, 2015
Docket Number: 14-0045
Justia Opinion Summary: The Lewis County Board of Education (Board) terminated Michael Holden’s employment as a school bus driver due to his physical inability to safely perform his job duties. Holden filed a grievance with the West Virginia…
Date: February 5, 2015
Docket Number: 14-0776
Justia Opinion Summary: Certain trustees registered trust deed assignments securing the payment of a promissory note for the purchase of residential real estate with Mortgage Electronic Registration Systems, Inc. (MERS) rather than recording…
Date: February 3, 2015
Docket Number: 14-0289
Date: February 3, 2015
Docket Number: 14-0304
Date: February 3, 2015
Docket Number: 14-0309
Date: February 3, 2015
Docket Number: 14-0311
Date: February 3, 2015
Docket Number: 14-0312
Date: February 3, 2015
Docket Number: 14-0313
Date: February 3, 2015
Docket Number: 14-0314
Date: February 3, 2015
Docket Number: 14-0332
Date: February 3, 2015
Docket Number: 14-0337
Date: February 3, 2015
Docket Number: 14-0359
Date: February 3, 2015
Docket Number: 14-0376
Date: February 3, 2015
Docket Number: 14-0377
Date: February 3, 2015
Docket Number: 14-0384
Date: February 3, 2015
Docket Number: 14-0385
Date: February 3, 2015
Docket Number: 14-0488
Date: February 3, 2015
Docket Number: 14-0489
Date: February 3, 2015
Docket Number: 14-0498
Date: February 3, 2015
Docket Number: 14-0499
Date: January 30, 2015
Docket Number: 13-0946
Date: January 30, 2015
Docket Number: 14-0340
Date: January 30, 2015
Docket Number: 14-0352
Date: January 30, 2015
Docket Number: 14-0353
Date: January 30, 2015
Docket Number: 14-0481
Date: January 30, 2015
Docket Number: 14-0491
Date: January 30, 2015
Docket Number: 14-0520
Date: January 30, 2015
Docket Number: 14-0541
Date: January 30, 2015
Docket Number: 14-0564
Date: January 30, 2015
Docket Number: 14-0686
Date: January 23, 2015
Docket Number: 14-0002
Date: January 23, 2015
Docket Number: 14-0030
Date: January 23, 2015
Docket Number: 14-0032
Date: January 23, 2015
Docket Number: 14-0033
Date: January 23, 2015
Docket Number: 14-0060
Date: January 23, 2015
Docket Number: 14-0062
Date: January 23, 2015
Docket Number: 14-0063
Date: January 23, 2015
Docket Number: 14-0148
Date: January 23, 2015
Docket Number: 14-0182
Date: January 23, 2015
Docket Number: 14-0183
Date: January 23, 2015
Docket Number: 14-0186
Date: January 23, 2015
Docket Number: 14-0187
Date: January 20, 2015
Docket Number: 13-0087
Date: January 20, 2015
Docket Number: 13-0275
Date: January 20, 2015
Docket Number: 13-0807
Date: January 20, 2015
Docket Number: 13-1023
Date: January 20, 2015
Docket Number: 13-1144
Date: January 20, 2015
Docket Number: 13-1149
Date: January 20, 2015
Docket Number: 13-1156
Date: January 20, 2015
Docket Number: 13-1164
Date: January 20, 2015
Docket Number: 13-1167
Date: January 20, 2015
Docket Number: 13-1295
Date: January 20, 2015
Docket Number: 14-0038
Date: January 20, 2015
Docket Number: 14-0070
Date: January 20, 2015
Docket Number: 14-0071
Date: January 20, 2015
Docket Number: 14-0072
Date: January 20, 2015
Docket Number: 14-0073
Date: January 20, 2015
Docket Number: 14-0075
Date: January 20, 2015
Docket Number: 14-0108
Date: January 20, 2015
Docket Number: 14-0147
Date: January 20, 2015
Docket Number: 14-0166
Date: January 20, 2015
Docket Number: 14-0172
Date: January 20, 2015
Docket Number: 14-0262
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