Supreme Court of Appeals of West Virginia Decisions 2013
Opinions 1001 - 1428 of 1428
Date: May 16, 2013
Docket Number: 11-1726
Date: May 16, 2013
Docket Number: 12-0075
Justia Opinion Summary: After a jury trial, Defendant was convicted of murder in the second degree, death of a child by a guardian or custodian, and child abuse resulting in injury. The Supreme Court affirmed, holding that the trial court did…
Date: May 14, 2013
Docket Number: 11-0904
Date: May 14, 2013
Docket Number: 11-0932
Date: May 14, 2013
Docket Number: 11-0933
Date: May 14, 2013
Docket Number: 11-0975
Date: May 14, 2013
Docket Number: 11-0976
Date: May 14, 2013
Docket Number: 11-0982
Date: May 14, 2013
Docket Number: 11-0983
Date: May 14, 2013
Docket Number: 11-0984
Date: May 8, 2013
Docket Number: 11-0295
Date: May 8, 2013
Docket Number: 11-0339
Date: May 8, 2013
Docket Number: 11-0501
Date: May 8, 2013
Docket Number: 11-0511
Date: May 8, 2013
Docket Number: 11-1007
Date: May 8, 2013
Docket Number: 11-1028
Date: May 8, 2013
Docket Number: 11-1055
Date: May 8, 2013
Docket Number: 11-1065
Date: May 8, 2013
Docket Number: 11-1066
Date: May 8, 2013
Docket Number: 11-1074
Date: May 3, 2013
Docket Number: 12-0341
Date: May 3, 2013
Docket Number: 12-0378
Date: May 3, 2013
Docket Number: 12-0405
Date: May 3, 2013
Docket Number: 12-0479
Date: May 3, 2013
Docket Number: 12-0580
Date: May 3, 2013
Docket Number: 12-0657
Date: May 3, 2013
Docket Number: 12-0974
Date: April 26, 2013
Docket Number: 11-1605
Justia Opinion Summary: Petitioner homeowners filed suit against Respondent, an entity that had been hired to perform emergency services for damages to Petitioners' home as the result of a sewage backup, asserting claims for personal injury and…
Date: April 26, 2013
Docket Number: 12-0340
Date: April 26, 2013
Docket Number: 12-0615
Date: April 26, 2013
Docket Number: 12-0639
Date: April 26, 2013
Docket Number: 12-0723
Date: April 25, 2013
Docket Number: 11-1651
Date: April 25, 2013
Docket Number: 13-0005
Justia Opinion Summary: Brandon White's license was revoked by the Commissioner of the West Virginia Division of Motor Vehicles for driving under the influence of alcohol. Following an unsuccessful challenge before the Office of Administrative…
Date: April 23, 2013
Docket Number: 090542
Date: April 23, 2013
Docket Number: 11-0683
Date: April 23, 2013
Docket Number: 11-0945
Date: April 23, 2013
Docket Number: 11-1005
Date: April 23, 2013
Docket Number: 11-1006
Date: April 23, 2013
Docket Number: 11-1541
Date: April 23, 2013
Docket Number: 11-1542
Date: April 23, 2013
Docket Number: 12-0557
Date: April 23, 2013
Docket Number: 12-0852
Date: April 23, 2013
Docket Number: 12-1248
Date: April 22, 2013
Docket Number: 11-1648
Justia Opinion Summary: Defendant was charged with driving under the influence, a misdemeanor. Defendant filed a motion in the magistrate court for breath test discovery. The Respondent magistrate ordered the State to produce the discovery.…
Date: April 19, 2013
Docket Number: 11-0899
Date: April 19, 2013
Docket Number: 11-0934
Date: April 19, 2013
Docket Number: 11-1013
Date: April 19, 2013
Docket Number: 11-1016
Date: April 19, 2013
Docket Number: 11-1021
Date: April 19, 2013
Docket Number: 11-1023
Date: April 19, 2013
Docket Number: 11-1024
Date: April 19, 2013
Docket Number: 11-1025
Date: April 19, 2013
Docket Number: 11-1029
Date: April 19, 2013
Docket Number: 11-1030
Date: April 19, 2013
Docket Number: 11-1091
Date: April 19, 2013
Docket Number: 11-1093
Date: April 19, 2013
Docket Number: 11-1270
Justia Opinion Summary: When Mother and Father were divorced they agreed Father would pay child support for the parties' two children in the amount of $700 per month. Father subsequently filed a petition to modify child support, asserting in…
Date: April 19, 2013
Docket Numbers: 11-1523, 12-0223
Date: April 19, 2013
Docket Number: 12-0282
Date: April 19, 2013
Docket Number: 12-0324
Date: April 19, 2013
Docket Number: 12-0415
Date: April 19, 2013
Docket Number: 12-0475
Date: April 18, 2013
Docket Number: 11-1492
Justia Opinion Summary: Mother and Father had one child together. Mother and Father later divorced pursuant to an order in which Mother was granted primary custody of the child. Mother and her husband (Stepfather) subsequently filed a verified…
Date: April 18, 2013
Docket Number: 11-1777
Justia Opinion Summary: Defendant was sentenced to life in prison without mercy after he pled guilty in 1992 to murder in the first degree. No appeal of Defendant's 1993 sentencing order was timely filed, but in 2010, Defendant filed a pro se…
Date: April 17, 2013
Docket Number: 12-0708
Date: April 16, 2013
Docket Number: 11-0776
Date: April 16, 2013
Docket Number: 11-1323
Date: April 16, 2013
Docket Number: 11-1328
Date: April 16, 2013
Docket Number: 11-1494
Date: April 16, 2013
Docket Number: 11-1611
Date: April 16, 2013
Docket Number: 11-1639
Date: April 16, 2013
Docket Number: 11-1643
Date: April 16, 2013
Docket Number: 12-0077
Date: April 16, 2013
Docket Number: 12-0107
Date: April 16, 2013
Docket Number: 12-0138
Date: April 16, 2013
Docket Number: 12-0190
Date: April 16, 2013
Docket Number: 12-0253
Date: April 16, 2013
Docket Number: 12-0255
Date: April 16, 2013
Docket Number: 12-0284
Date: April 16, 2013
Docket Number: 12-0323
Date: April 16, 2013
Docket Number: 12-0361
Date: April 16, 2013
Docket Number: 12-0364
Date: April 16, 2013
Docket Number: 12-0388
Date: April 16, 2013
Docket Number: 12-0400
Date: April 16, 2013
Docket Number: 12-0406
Date: April 16, 2013
Docket Number: 12-0407
Date: April 16, 2013
Docket Number: 12-0436
Date: April 16, 2013
Docket Number: 12-0493
Date: April 16, 2013
Docket Number: 12-0616
Date: April 16, 2013
Docket Number: 12-0660
Date: April 16, 2013
Docket Number: 12-0692
Date: April 16, 2013
Docket Number: 12-0789
Date: April 12, 2013
Docket Number: 081811
Date: April 12, 2013
Docket Number: 11-1414
Date: April 12, 2013
Docket Number: 11-1416
Date: April 12, 2013
Docket Number: 11-1616
Date: April 12, 2013
Docket Number: 11-1619
Date: April 12, 2013
Docket Number: 11-1620
Date: April 12, 2013
Docket Number: 11-1656
Date: April 12, 2013
Docket Number: 11-1686
Date: April 12, 2013
Docket Number: 11-1691
Date: April 12, 2013
Docket Number: 11-1764
Date: April 12, 2013
Docket Number: 11-1765
Date: April 12, 2013
Docket Number: 11-1775
Date: April 12, 2013
Docket Number: 11-1786
Date: April 12, 2013
Docket Number: 12-0041
Date: April 12, 2013
Docket Number: 12-0090
Justia Opinion Summary: Decedent died intestate as a result of a motor vehicle accident. Petitioner, the former spouse of Decedent, sought a share in the settlement proceeds from a wrongful death action based on her monthly receipt of payments…
Date: April 12, 2013
Docket Number: 12-0337
Date: April 11, 2013
Docket Number: 11-1306
Justia Opinion Summary: After a jury trial, Defendant was convicted of uttering one Federal Reserve note and of possession with intent to utter eight counterfeit Federal Reserve notes. In common language, these notes are referred to as…
Date: April 11, 2013
Docket Number: 11-1352
Justia Opinion Summary: Defendant was on supervised release from federal custody when he pleaded guilty to second degree robbery in state court. In exchange for his guilty plea, the State agreed to recommend that any sentence imposed by the…
Date: April 11, 2013
Docket Number: 11-1357
Justia Opinion Summary: Defendant was convicted of seventeen counts of felony and misdemeanor sexual offenses. Defendant did not file an appeal until he was resentenced. On appeal, Defendant argued that the trial court erred by (1) allowing the…
Date: April 11, 2013
Docket Number: 11-1504
Justia Opinion Summary: After a jury trial, Defendant was convicted of six counts of sexual assault in the first degree, seven counts of sexual abuse by a custodian or parent, and one count of conspiracy. Defendant appealed, arguing primarily…
Date: April 11, 2013
Docket Number: 11-1766
Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of sexual assault in the first degree against a minor. Defendant appealed, contending that the circuit court erred by allowing the victim to testify that…
Date: April 5, 2013
Docket Number: 11-0126
Date: April 5, 2013
Docket Number: 11-1695
Date: April 5, 2013
Docket Number: 12-0123
Date: April 5, 2013
Docket Number: 12-0275
Date: April 5, 2013
Docket Number: 12-0470
Date: April 4, 2013
Docket Number: 11-1610
Justia Opinion Summary: Petitioner was hired by Employer as a general laborer to work on a pipeline project. When some unsecured pipe struck Petitioner in the back, Petitioner sustained back and other injuries. Petitioner subsequently applied…
Date: April 2, 2013
Docket Number: 11-1325
Justia Opinion Summary: This case arose out of a verbal agreement entered into by Contractor and Landowner to construct a subdivision on a parcel of land. Disagreements arose between the parties, and the subdivision was never completed.…
Date: April 2, 2013
Docket Number: 11-1703
Justia Opinion Summary: Wife and Husband were divorced by order of the family court. Adopted into the final divorce order was an agreed parenting plan under which Mother was the primary custodial parent. After Father relocated to Pennsylvania,…
Date: April 1, 2013
Docket Number: 11-1292
Justia Opinion Summary: The West Virginia Division of Motor Vehicles (DMV) revoked Respondent's driver's license for the offense of driving under the influence of alcohol (DUI). The circuit court reversed the DMV's order, reasoning that (1) the…
Date: April 1, 2013
Docket Number: 11-1512
Justia Opinion Summary: An employee of Pullman Power was killed and two of his coworkers were injured as a result of a fire that occurred inside a flue gas desulphurization stack then under construction at the Mitchell Power Plant. The stack…
Date: March 29, 2013
Docket Number: 11-1238
Date: March 29, 2013
Docket Number: 11-1430
Date: March 29, 2013
Docket Number: 11-1529
Date: March 29, 2013
Docket Number: 11-1650
Date: March 29, 2013
Docket Number: 11-1696
Date: March 29, 2013
Docket Number: 11-1776
Date: March 29, 2013
Docket Number: 12-0040
Date: March 29, 2013
Docket Number: 12-0137
Date: March 29, 2013
Docket Number: 12-0148
Date: March 29, 2013
Docket Number: 12-0160
Date: March 29, 2013
Docket Number: 12-0208
Date: March 29, 2013
Docket Number: 12-0290
Date: March 29, 2013
Docket Number: 12-0296
Date: March 29, 2013
Docket Number: 12-0298
Date: March 29, 2013
Docket Number: 12-0342
Date: March 29, 2013
Docket Number: 12-0453
Date: March 29, 2013
Docket Number: 12-0631
Date: March 28, 2013
Docket Number: 11-0612
Date: March 28, 2013
Docket Number: 11-0812
Date: March 28, 2013
Docket Number: 11-0998
Justia Opinion Summary: The family court granted Husband and Wife a divorce. The court awarded wife spousal support of $500 a month for thirty-six months; ruled that Husband must pay wife $80,390 in equitable distribution; provided an "in-kind"…
Date: March 28, 2013
Docket Number: 11-1203
Justia Opinion Summary: Respondents graduated from College's legal assisting program with associate degrees. Respondents filed a complaint against College, alleging that College induced Respondents to enroll in College's legal assisting program…
Date: March 28, 2013
Docket Number: 11-1299
Justia Opinion Summary: Hospital sought full tax refunds in relation to Hospital's attempt to reclassify certain services from either "inpatient" or "outpatient" hospital services to "physicians' services" for purposes of the West Virginia…
Date: March 28, 2013
Docket Number: 11-1577
Justia Opinion Summary: Plaintiff (HOA) was a condominium owners' association that brought suit on its own behalf and on behalf of its members against various individuals and corporations seeking damages arising from the alleged defective…
Date: March 27, 2013
Docket Number: 11-0927
Date: March 27, 2013
Docket Number: 11-0944
Date: March 27, 2013
Docket Number: 11-0947
Date: March 27, 2013
Docket Number: 11-0948
Date: March 27, 2013
Docket Number: 11-0955
Date: March 27, 2013
Docket Number: 11-0957
Date: March 27, 2013
Docket Number: 11-0958
Date: March 27, 2013
Docket Number: 11-0971
Date: March 27, 2013
Docket Number: 11-0973
Date: March 27, 2013
Docket Number: 11-0985
Date: March 27, 2013
Docket Number: 11-1008
Date: March 27, 2013
Docket Number: 11-1011
Date: March 27, 2013
Docket Number: 11-1012
Date: March 26, 2013
Docket Number: 12-1008
Date: March 26, 2013
Docket Number: 12-1008
Justia Opinion Summary: William Watkins became a family court judge in 2002. In 2011, Judge Watkins became the subject of numerous complaints filed with the Judicial Investigation Commission. The Hearing Board concluded that Judge Watkins had…
Date: March 21, 2013
Docket Number: 11-1284
Justia Opinion Summary: The circuit court found Frieda, Cordelia's elderly mother, to be a protected person. After determining that Cordelia was exploiting Frieda, neglecting her needs, and mishandling her finances, the court directed Cordelia…
Date: March 14, 2013
Docket Number: 11-0719
Date: March 14, 2013
Docket Number: 11-0886
Date: March 14, 2013
Docket Number: 11-0888
Date: March 14, 2013
Docket Number: 11-0893
Date: March 14, 2013
Docket Number: 11-0894
Date: March 14, 2013
Docket Number: 11-0895
Date: March 14, 2013
Docket Number: 11-1594
Date: March 14, 2013
Docket Number: 12-0173
Justia Opinion Summary: This case involved Hunter, who was seventeen months old at the time an abuse and neglect petition was filed. Both of Hunter's biological parents had their parental rights terminated. Hunter was placed with foster…
Date: March 12, 2013
Docket Number: 11-1386
Justia Opinion Summary: After a jury trial, Defendant was convicted of simple battery as a lesser included offense of malicious assault. The circuit court resentenced Defendant to one year incarceration. Defendant appealed, contending that the…
Date: March 12, 2013
Docket Number: 11-1608
Date: March 12, 2013
Docket Number: 11-1616
Date: March 12, 2013
Docket Number: 11-1682
Date: March 12, 2013
Docket Number: 11-1763
Date: March 12, 2013
Docket Number: 11-1773
Date: March 12, 2013
Docket Number: 11-1780
Date: March 12, 2013
Docket Number: 12-0076
Date: March 12, 2013
Docket Number: 12-0116
Date: March 12, 2013
Docket Number: 12-0145
Date: March 12, 2013
Docket Number: 12-0161
Date: March 12, 2013
Docket Number: 12-0191
Date: March 12, 2013
Docket Number: 12-0234
Date: March 12, 2013
Docket Number: 12-0268
Date: March 12, 2013
Docket Number: 12-0271
Date: March 12, 2013
Docket Number: 12-0285
Date: March 12, 2013
Docket Number: 12-0286
Date: March 12, 2013
Docket Number: 12-0432
Date: March 12, 2013
Docket Number: 12-0641
Date: March 12, 2013
Docket Number: 12-1042
Date: March 12, 2013
Docket Number: 12-1055
Date: March 12, 2013
Docket Number: 12-1055
Justia Opinion Summary: Petitioner, a registered professional nurse, was terminated from her employment when her employer concluded that Petitioner had unlawfully obtained prescription narcotics for personal use or distribution to others. In…
Date: March 8, 2013
Docket Number: 11-0896
Date: March 8, 2013
Docket Number: 11-0897
Date: March 8, 2013
Docket Number: 11-0898
Date: March 8, 2013
Docket Number: 11-1288
Justia Opinion Summary: In 1996, Terri Cole and her husband financed the purchase of a home through a loan secured by a deed of trust on the home and the underlying property. In 2005, Vanderbilt Mortgage and Finance, Inc. became the servicer of…
Date: March 8, 2013
Docket Number: 11-1666
Date: March 8, 2013
Docket Number: 11-1712
Date: March 7, 2013
Docket Number: 12-1209
Justia Opinion Summary: Respondents were former employees of Verizon West Virginia, Inc. who filed wrongful termination claims against Verizon based upon alleged violations of the West Virginia Human Rights Act. Petitioners were Verizon and…
Date: March 6, 2013
Docket Number: 11-0765
Date: March 6, 2013
Docket Number: 11-0766
Date: March 6, 2013
Docket Number: 11-0775
Date: March 6, 2013
Docket Number: 11-0782
Date: March 6, 2013
Docket Number: 11-0787
Date: March 6, 2013
Docket Number: 11-0788
Date: March 6, 2013
Docket Number: 11-0793
Date: March 6, 2013
Docket Number: 11-0804
Date: March 6, 2013
Docket Number: 11-0805
Date: February 27, 2013
Docket Number: 11-1425
Justia Opinion Summary: Employee resigned from her employment with Employer after Employee failed to accommodate Employee's responsibilities regarding daycare for her children. Employee filed for unemployment compensation benefits. An ALJ found…
Date: February 25, 2013
Docket Number: 11-1105
Justia Opinion Summary: Decedent executed a will in which all of his possessions to his wife. Decedent and his wife (Ex-Wife) divorced a few months later. One year later, Decedent died. Ex-Wife later sold the real property devised to her in…
Date: February 22, 2013
Docket Number: 11-1156
Justia Opinion Summary: Petitioner pleaded guilty to sexual abuse by a person in a position of trust and third degree sexual assault. Due to Petitioner's health concerns, the trial court permitted Petitioner to serve his sentences by the…
Date: February 22, 2013
Docket Number: 11-1224
Justia Opinion Summary: The underlying litigation in this case involved the Legislature's enactment of "Special Acts" for nine county boards of education requiring them to divert a portion of their regular levy receipts in support of their…
Date: February 22, 2013
Docket Number: 11-1395
Date: February 22, 2013
Docket Number: 11-1440
Date: February 22, 2013
Docket Number: 11-1454
Date: February 22, 2013
Docket Number: 11-1456
Justia Opinion Summary: After a jury trial, Defendant was convicted of ten counts of sexual abuse by a guardian. Defendant subsequently filed a petition for a writ of habeas corpus. The circuit found that Defendant's indictment conflicted with…
Date: February 22, 2013
Docket Number: 11-1482
Date: February 22, 2013
Docket Numbers: 11-1659, 11-1767
Date: February 22, 2013
Docket Number: 11-1713
Date: February 22, 2013
Docket Number: 12-0022
Date: February 22, 2013
Docket Number: 12-0155
Date: February 22, 2013
Docket Number: 12-0163
Date: February 21, 2013
Docket Number: 11-0915
Date: February 21, 2013
Docket Number: 11-0915
Justia Opinion Summary: In 2009, Defendant was convicted of robbery in the second degree and attempted robbery in the second degree. Defendant was sentenced to life imprisonment for robbery in the second degree. The Supreme Court reversed and…
Date: February 21, 2013
Docket Number: 11-1123
Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of robbery in the first degree and conspiracy to commit the felony offense of robbery in the first degree. Defendant appealed, contending that the circuit court…
Date: February 21, 2013
Docket Number: 11-1618
Justia Opinion Summary: In 2002, the circuit court entered an order finding Defendant not guilty of first degree arson by reason of mental illness. The court ordered Defendant to be committed to a mental health facility in West Virginia. The…
Date: February 21, 2013
Docket Number: 12-1489
Date: February 20, 2013
Docket Number: 11-0808
Date: February 20, 2013
Docket Number: 11-0840
Date: February 20, 2013
Docket Number: 11-0841
Date: February 20, 2013
Docket Number: 11-0842
Date: February 20, 2013
Docket Number: 11-0869
Date: February 20, 2013
Docket Number: 11-0870
Date: February 20, 2013
Docket Number: 11-0871
Date: February 20, 2013
Docket Number: 11-0875
Date: February 20, 2013
Docket Number: 11-0885
Date: February 14, 2013
Docket Number: 11-0539
Date: February 14, 2013
Docket Number: 11-0540
Date: February 14, 2013
Docket Number: 11-0568
Date: February 11, 2013
Docket Number: 11-0493
Date: February 11, 2013
Docket Number: 11-1083
Date: February 11, 2013
Docket Number: 11-1122
Date: February 11, 2013
Docket Number: 11-1281
Date: February 11, 2013
Docket Number: 11-1326
Date: February 11, 2013
Docket Number: 11-1346
Date: February 11, 2013
Docket Number: 11-1385
Date: February 11, 2013
Docket Number: 11-1450
Date: February 11, 2013
Docket Number: 11-1487
Date: February 11, 2013
Docket Number: 11-1511
Date: February 11, 2013
Docket Number: 11-1524
Date: February 11, 2013
Docket Number: 11-1533
Date: February 11, 2013
Docket Number: 11-1606
Date: February 11, 2013
Docket Number: 11-1636
Date: February 11, 2013
Docket Number: 11-1638
Date: February 11, 2013
Docket Number: 11-1654
Date: February 11, 2013
Docket Number: 11-1789
Date: February 11, 2013
Docket Number: 12-0020
Date: February 11, 2013
Docket Number: 12-0025
Date: February 11, 2013
Docket Number: 12-0078
Date: February 11, 2013
Docket Number: 12-0089
Date: February 11, 2013
Docket Number: 12-0096
Date: February 11, 2013
Docket Number: 12-0115
Date: February 11, 2013
Docket Number: 12-0132
Date: February 11, 2013
Docket Number: 12-0133
Date: February 11, 2013
Docket Number: 12-0139
Date: February 11, 2013
Docket Number: 12-0154
Date: February 11, 2013
Docket Number: 12-0188
Date: February 11, 2013
Docket Number: 12-0209
Date: February 11, 2013
Docket Number: 12-0224
Date: February 11, 2013
Docket Number: 12-0269
Date: February 11, 2013
Docket Number: 12-0448
Date: February 11, 2013
Docket Number: 12-0490
Date: February 11, 2013
Docket Number: 12-0740
Date: February 11, 2013
Docket Number: 12-1148
Date: February 8, 2013
Docket Number: 11-0806
Date: February 8, 2013
Docket Number: 11-0809
Date: February 8, 2013
Docket Number: 11-0811
Date: February 8, 2013
Docket Number: 11-0820
Date: February 8, 2013
Docket Number: 11-0822
Date: February 8, 2013
Docket Number: 11-0826
Date: February 8, 2013
Docket Number: 11-0827
Date: February 8, 2013
Docket Number: 11-0832
Date: February 8, 2013
Docket Number: 11-0836
Date: February 8, 2013
Docket Number: 11-0837
Date: February 8, 2013
Docket Number: 11-1132
Justia Opinion Summary: Petitioners and Respondents executed a land contract whereby Respondents agreed to sell a piece of property to Petitioners. After the land contract had been fully consummated, Respondents refused to tender a deed to…
Date: February 7, 2013
Docket Number: 11-0669
Date: February 7, 2013
Docket Number: 11-0670
Date: February 7, 2013
Docket Number: 11-0675
Date: February 7, 2013
Docket Number: 11-0676
Date: February 7, 2013
Docket Number: 11-0682
Date: February 7, 2013
Docket Number: 11-0685
Date: February 7, 2013
Docket Number: 11-0686
Date: February 7, 2013
Docket Number: 11-0687
Date: February 7, 2013
Docket Number: 11-1273
Justia Opinion Summary: After a jury trial, Petitioner was found guilty of operating or attempting to operate a clandestine drug laboratory. Petitioner was sentenced to an indeterminate term of two to ten years and was later re-sentenced for…
Date: February 7, 2013
Docket Number: 12-0996
Date: February 7, 2013
Docket Number: 12-1124
Justia Opinion Summary: In the underlying abuse and neglect petition, the circuit court adjudicated that respondent parents had neglected their four infant children. The parents then moved for a post-adjudication improvement period. The…
Date: February 6, 2013
Docket Number: 11-1186
Date: February 6, 2013
Docket Number: 11-1186
Justia Opinion Summary: Gerald Kirchner accidentally shot and killed Robbie Bragg while both men were working for Grimmett Enterprises (Grimmett). Kirchner's mother, Barbara Surbaugh, filed a complaint against Bragg and Grimmett. The parties…
Date: February 6, 2013
Docket Number: 11-1398
Justia Opinion Summary: At issue in this case was the valuation and corresponding tax assessment of seventy-nine condominium units owned by Pope Properties / Charleston LLC (Pope Properties). The Kanawha Assessor determined that for ad valorem…
Date: February 5, 2013
Docket Number: 11-0711
Date: February 5, 2013
Docket Number: 11-0712
Date: February 5, 2013
Docket Number: 11-0713
Date: February 5, 2013
Docket Number: 11-0720
Date: February 5, 2013
Docket Number: 11-0727
Date: February 5, 2013
Docket Number: 11-0733
Date: February 5, 2013
Docket Number: 11-0735
Date: February 5, 2013
Docket Number: 11-0752
Date: February 5, 2013
Docket Number: 11-0753
Date: February 5, 2013
Docket Number: 12-0850
Justia Opinion Summary: The lawsuit underlying this certified question action arose after the fatal 2006 fire in the Aracoma Coal Company's mine in West Virginia killed two miners, both of whom died from carbon monoxide intoxication.…
Date: February 1, 2013
Docket Number: 11-0538
Date: February 1, 2013
Docket Number: 11-0541
Date: February 1, 2013
Docket Number: 11-0542
Date: February 1, 2013
Docket Number: 11-0547
Date: February 1, 2013
Docket Number: 11-0578
Date: February 1, 2013
Docket Number: 11-0579
Date: February 1, 2013
Docket Number: 11-0580
Date: February 1, 2013
Docket Number: 11-0762
Date: January 25, 2013
Docket Numbers: 11-1453, 12-0200
Date: January 25, 2013
Docket Number: 11-1528
Date: January 25, 2013
Docket Number: 11-1578
Date: January 25, 2013
Docket Number: 11-1711
Date: January 25, 2013
Docket Number: 12-0030
Date: January 24, 2013
Docket Number: 11-1085
Justia Opinion Summary: Petitioner claimed to be Child's psychological parent. Child's biological mother had virtually no contact with Child. When Child's biological, custodial father (Respondent) pleaded guilty to several crimes, Petitioner…
Date: January 24, 2013
Docket Number: 12-0717
Justia Opinion Summary: Nancy Belcher was the designated health care surrogate of decedent Beulah Wyatt. Belcher signed an arbitration agreement that was presented to her when she sought to admit Wyatt to the McDowell Nursing and Rehabilitation…
Date: January 24, 2013
Docket Number: 12-1023
Justia Opinion Summary: In 2004, the Berkeley County Water District and Sewer District filed requests with the Public Service Commission (PSC) to charge capacity improvement fees (CIFs) due to rapid population growth in the county. The PSC…
Date: January 17, 2013
Docket Number: 12-0005
Date: January 17, 2013
Docket Number: 12-0737
Justia Opinion Summary: Plaintiffs, a car owner and the purchaser of that car, filed suit against Advance Stores, which supplied a car battery to the original owner. The battery died shortly after the second owner purchased the car, and Advance…
Date: January 14, 2013
Docket Number: 11-0959
Date: January 14, 2013
Docket Number: 11-1048
Date: January 14, 2013
Docket Number: 11-1324
Date: January 14, 2013
Docket Number: 11-1329
Date: January 14, 2013
Docket Number: 11-1342
Date: January 14, 2013
Docket Number: 11-1429
Date: January 14, 2013
Docket Number: 11-1464
Date: January 14, 2013
Docket Number: 11-1465
Date: January 14, 2013
Docket Number: 11-1499
Date: January 14, 2013
Docket Number: 11-1612
Date: January 14, 2013
Docket Number: 11-1640
Date: January 14, 2013
Docket Number: 11-1647
Date: January 14, 2013
Docket Number: 11-1677
Date: January 14, 2013
Docket Number: 12-0021
Date: January 14, 2013
Docket Number: 12-0859
Date: January 14, 2013
Docket Number: 12-0863
Date: January 14, 2013
Docket Number: 12-0868
Date: January 14, 2013
Docket Number: 12-0881
Date: January 14, 2013
Docket Number: 12-0917
Date: January 14, 2013
Docket Number: 12-1052
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