Justia West Virginia Supreme Court of Appeals Opinion Summaries

The case involves a grandmother (Grandmother) who was adjudicated as an abusing and neglectful parent to her grandchildren, B.L.-1, B.L.-2, K.L., M.L., and M.S. The West Virginia Department of Human Services (DHS) filed an abuse and neglect petition against the children's parents in 2018, and the children were placed with Grandmother. In 2021, several referrals were made to Child Protective Services (CPS) regarding Grandmother's care, leading to the children's removal from her home in December 2021 due to safety concerns and Grandmother's failure to inform DHS of her marriage. The DHS filed a Sixth Amended Petition in April 2022, alleging various forms of abuse and neglect by Grandmother.The Circuit Court of Barbour County held several hearings, concluding with a final adjudicatory hearing in March 2023. The court found that Grandmother had abused and neglected the children, citing evidence of her excessive drinking, drug use, lack of supervision, inappropriate discipline, and instability. The court also noted Grandmother's failure to take responsibility for her actions. The court directed the Multidisciplinary Treatment Team (MDT) to discuss an improvement period for visitation purposes only, as it could not envision a scenario where the children would be returned to Grandmother's custody.The Supreme Court of Appeals of West Virginia reviewed the case and affirmed the circuit court's rulings. The court found that Grandmother was not entitled to relief based on procedural delays, as she did not seek extraordinary relief through a petition for writ of mandamus. The court also upheld the circuit court's adjudication of Grandmother as abusing and neglectful, finding no clear error in the circuit court's findings. Additionally, the court found that consideration of Grandmother's status as a psychological parent was premature at the adjudicatory phase and that the current visitation arrangement served the best interests of the children. Finally, the court determined that any discussion of dispositional decisions was premature, given the procedural posture of the case. View "In re B.L.-1, B.L.-2, K.L., M.L., and M.S." on Justia Law

A Monongalia County deputy sheriff responded to a domestic dispute involving John D. Stewart, Jr., who suffered from mental illness. The deputy, after advising against backup, pursued Mr. Stewart, who allegedly threatened with a knife. The deputy shot Mr. Stewart, fatally wounding him. Amanda F. Stewart, Mr. Stewart’s daughter, filed a wrongful death action against the Monongalia County Commission and the deputy, alleging excessive force and negligence.The Circuit Court of Monongalia County dismissed claims against the Commission for direct liability but allowed claims for vicarious liability and against the deputy to proceed. The court also denied the motion to dismiss the demand for punitive damages, stating it was premature.The Supreme Court of Appeals of West Virginia reviewed the case. It affirmed the lower court’s decision to deny the motion to dismiss the vicarious liability claim against the Commission, finding the Commission is not immune from vicarious liability for the deputy’s negligence. The court also affirmed the denial of the motion to dismiss the negligence claim against the deputy, as the complaint sufficiently alleged facts to suggest the deputy acted with malicious purpose, in bad faith, or in a wanton or reckless manner.However, the court reversed the lower court’s decision regarding punitive damages. It held that the Tort Claims Act prohibits punitive damages against the Commission and the deputy, as the deputy was sued in his official capacity. The case was remanded for further proceedings consistent with this opinion. View "Monongalia County Commission A/K/A Monongalia County Sheriff's Department and John Doe Deputy v. Amanda F. Stewart, Individually and/or as Administrator of the Estate of John D. Stewart, Jr." on Justia Law

M.D., a high school soccer player, sought a waiver from the West Virginia Secondary School Activities Commission (WVSSAC) to play for both her high school and club soccer teams during the same season. The WVSSAC denied her request, leading M.D. and her parents to file a lawsuit seeking a preliminary injunction to prevent the enforcement of the WVSSAC's Non-school Participation Rule, which prohibited participation in non-school teams during the school season for team sports but not for individual sports.The Circuit Court of Ohio County granted M.D. a preliminary injunction, allowing her to play for both teams. Subsequently, the court granted her summary judgment and a permanent injunction, ruling that the Non-school Participation Rule was arbitrary and capricious because it unfairly differentiated between team and individual sports without a rational basis.The WVSSAC appealed the circuit court's decision. While the appeal was pending, the WVSSAC's Board of Control amended the Non-school Participation Rule to eliminate the distinction between team and individual sports, applying the same restrictions to all student athletes regardless of the type of sport.The Supreme Court of Appeals of West Virginia reviewed the case and determined that the amendments to the Non-school Participation Rule rendered the appeal moot. The court found that the substantive changes to the rule addressed the issues raised by M.D., and there were no sufficient collateral consequences or issues of great public interest that warranted further review. Consequently, the court dismissed the appeal as moot. View "West Virginia Secondary School Activities Commission v. David D. and Elizabeth D., Parents and Legal Guardians of M.D." on Justia Law

In this case, the petitioner, Aaron W., appealed an order from the Intermediate Court of Appeals of West Virginia (ICA) that dismissed his appeal of a family court order. The family court had disqualified Aaron W.'s attorney from representing him in a divorce proceeding due to a conflict of interest, as the attorney had previously represented both parties in a related personal injury case. The family court's order included language indicating it was a final, appealable order.Initially, Aaron W. sought a writ of prohibition from the Circuit Court of Kanawha County to prevent the family court from ruling on the disqualification motion, arguing that the family court lacked jurisdiction. The circuit court denied the writ, and the Supreme Court of Appeals of West Virginia affirmed, holding that family courts have the authority to disqualify attorneys in cases of conflict of interest.Aaron W. then appealed the family court's disqualification order to the ICA, which dismissed the appeal, concluding that the order was interlocutory and that it lacked jurisdiction over such appeals. Aaron W. subsequently appealed the ICA's dismissal to the Supreme Court of Appeals of West Virginia.The Supreme Court of Appeals of West Virginia affirmed the ICA's dismissal, holding that the family court's disqualification order was not a final order because it did not terminate the litigation on the merits. The court explained that the ICA generally does not have appellate jurisdiction over interlocutory appeals, as specified by West Virginia Code § 51-11-4(d)(8). The court also noted that the family court's inclusion of finality language in its order did not transform the interlocutory order into a final, appealable order. Consequently, the ICA correctly dismissed the appeal for lack of jurisdiction. View "Aaron W. v. Evelyn W." on Justia Law

The petitioner, G.M., appealed the Circuit Court of Wyoming County's decision to terminate his parental rights to his daughter, S.M. The case began in September 2021 when the Department of Human Services (DHS) received a referral alleging drug use by S.M.'s mother, T.M. Despite a safety plan, T.M. continued to test positive for drugs, and the family was often not home during DHS visits. In March 2022, DHS filed an abuse and neglect petition after finding the home without electricity and a used needle on the counter. The petitioner waived his right to a preliminary hearing and later stipulated to the allegations without his attorney present, leading to his adjudication as an abusing and neglecting parent.The petitioner was granted an improvement period requiring him to undergo various treatments and services. However, he failed multiple drug tests and did not comply with the case plan, leading to the revocation of his improvement period in October 2022. Despite being given another chance to enter in-patient rehabilitation, the petitioner continued to test positive for drugs and was arrested for DUI in January 2023. At the final disposition hearing in March 2023, the court found no reasonable likelihood that the conditions of abuse and neglect could be corrected and terminated the petitioner's parental rights.The Supreme Court of Appeals of West Virginia affirmed the circuit court's decision. The court found that the petitioner knowingly and intelligently waived his right to counsel at the adjudicatory hearing and that the circuit court did not err in accepting his stipulation. The court also upheld the termination of parental rights, citing the petitioner's failure to comply with the improvement period and continued substance abuse, which indicated no reasonable likelihood of correcting the conditions of abuse and neglect. View "In re S.M." on Justia Law

The petitioner, J.F., appealed the Circuit Court of Kanawha County's order terminating his parental rights to his children, C.F. and T.F. The case began when the Department of Human Services (DHS) filed an abuse and neglect petition against J.F. after he was arrested for various charges, including child neglect. The petition alleged that J.F. had committed acts of domestic violence and verbal abuse in the presence of C.F. T.F. was living with his paternal grandparents under a legal guardianship at the time. The petition included historical allegations of domestic violence involving T.F.'s mother, M.H., and J.F., but no recent allegations involving T.F.The Circuit Court adjudicated J.F. as an abusive and neglectful parent and found both children to be abused and neglected. At the disposition hearing, the court terminated J.F.'s parental rights, citing his incarceration and denial of the abuse, which prevented DHS from providing remedial services. The court also denied J.F. post-termination visitation with his children.The Supreme Court of Appeals of West Virginia reviewed the case. The court found that the Circuit Court failed to make specific findings regarding T.F. being an abused or neglected child, as required by West Virginia Code § 49-4-601. The court noted that T.F. was living with non-abusive guardians and that the allegations of domestic violence involving T.F. were outdated. Consequently, the court vacated the Circuit Court's adjudicatory and dispositional orders concerning T.F. and remanded the case for further proceedings to determine if T.F. met the statutory definition of an abused or neglected child.The court affirmed the termination of J.F.'s parental rights to C.F., agreeing with the lower court's findings that the conditions of abuse and neglect were unlikely to improve due to J.F.'s denial of the circumstances. The court also upheld the denial of post-termination visitation, finding no evidence of a close emotional bond between J.F. and his children or that continued contact would not be detrimental to their well-being. View "In re C.F. and T.F." on Justia Law

The case involves a dispute between Christopher P. (Father) and Amanda C. (Mother) over the custody of their two children. The Family Court of Upshur County was set to hold a final hearing on the matter, but a scheduling conflict arose for Mother's counsel, who was also due to appear in the Circuit Court of Webster County at the same time. Despite Mother's counsel notifying the courts of the conflict, the family court proceeded with the hearing in the absence of Mother and her counsel. The family court then ruled that the children should primarily reside with Father.Mother appealed to the Intermediate Court of Appeals (ICA), arguing that the family court had wrongly failed to yield its hearing time to the circuit court. The ICA granted Mother a new custody hearing, but based its decision on the conclusion that the family court had applied the wrong version of West Virginia Code § 48-9-206. Father then appealed this decision to the Supreme Court of Appeals of West Virginia.The Supreme Court of Appeals of West Virginia reversed the ICA's decision in part, agreeing with the ICA that Mother is due a new hearing in family court, but disagreeing with the ICA's conclusion that the family court had applied the wrong version of the law. The Supreme Court found that the family court had abused its discretion by proceeding with the hearing in the absence of Mother and her counsel, and remanded the case back to the family court for a new hearing. View "Christopher P. v. Amanda C." on Justia Law

The case involves Brian Frye, a homeowner who claimed that his property had suffered damage due to underground mine subsidence. He submitted a claim to his home insurer, Erie Insurance Company, and notified the Board of Risk Insurance and Management (BRIM) of the damages. Both Erie and BRIM investigated the claim, but both denied it, stating that the damage was not due to mine subsidence. Frye then sued Erie for breach of contract and other claims. The Circuit Court of Ohio County granted summary judgment to Erie, concluding that Erie functioned as BRIM’s agent in the adjustment of Frye’s claim. Frye moved the court to alter or amend that judgment, arguing that it threatened the constitutionality of certain West Virginia statutes.The Supreme Court of Appeals of West Virginia vacated the lower court's decision and remanded the case for further proceedings. The court found that the lower court erred by failing to notify the Attorney General of the constitutional questions raised in Frye’s motion to alter or amend the summary judgment order. The court concluded that the appropriate remedy was to vacate the lower court’s order denying Frye’s motion and to remand the matter to permit the lower court to notify the Attorney General of these proceedings in accordance with Rule 24(c) of the West Virginia Rules of Civil Procedure. View "Frye v. Erie Insurance Company" on Justia Law

The case involves a lawsuit filed by Rosemary Lambert and Carolyn Hinzman, individually and as co-executors of the estate of Delmar P. Fields, against Eldercare of Jackson County, LLC, Community Health Association, and Dr. Irvin John Snyder. The plaintiffs allege that Mr. Fields contracted COVID-19 while a resident at Eldercare and died while under the care of Jackson General and Dr. Snyder. The defendants sought dismissal of the lawsuit, arguing that they were immune from liability under the COVID-19 Jobs Protection Act.The Circuit Court of Jackson County denied the defendants' motions to dismiss. The court interpreted the term "actual malice" in the COVID-19 Jobs Protection Act to mean that the defendant acted with the intent to injure or harm the plaintiff or decedent. The court found that the plaintiffs had alleged sufficient facts to survive a motion to dismiss.On appeal, the Supreme Court of Appeals of West Virginia affirmed the lower court's decision in part and reversed in part. The court held that the term "actual malice" in the COVID-19 Jobs Protection Act means that the defendant acted with the deliberate intent to commit an injury, as evidenced by external circumstances. The court found that the plaintiffs had alleged sufficient facts to show that Eldercare engaged in intentional conduct with actual malice. However, the court found that the allegations against Jackson General Hospital and Dr. Snyder were insufficient to establish that they engaged in intentional conduct with actual malice. The case was remanded for further proceedings. View "Eldercare of Jackson County, LLC v. Lambert" on Justia Law

The case involves Michael D. Ruble and Brenda K. Ruble, who filed a lawsuit against Rust-Oleum Corporation and other defendants. Michael Ruble alleged that he was injured due to exposure to defective, toxic chemicals at his workplace, which were manufactured by third parties. He filed a product-defect lawsuit against these manufacturers and a workers' compensation claim with his employer. The workers' compensation administrative process concluded that Ruble failed to prove he developed an injury as a result of his employment. The third-party manufacturers then moved to dismiss the product-defect lawsuit, arguing that Ruble was barred from litigating causation in court due to the workers' compensation decision. The Circuit Court of Cabell County granted the motion to dismiss.The Circuit Court of Cabell County ruled in favor of the third-party manufacturers, applying the doctrine of collateral estoppel. The court held that the workers' compensation decision precluded Ruble from litigating the causation issue in court. The court found that the workers' compensation process involved legal standards and procedural rules that were substantially different from those in a courtroom, and that process did not afford Ruble a full and fair opportunity to litigate whether the third-party manufacturers' chemicals were a cause of his injury.The Supreme Court of Appeals of West Virginia reversed the circuit court's decision. The court found that the workers' compensation administrative procedures were not an adequate substitute for juridical procedures in the circuit court. The court held that Ruble did not have a full and fair opportunity to litigate the issue of causation in the prior workers' compensation administrative proceedings. The court concluded that it was error for the circuit court to have applied collateral estoppel to Ruble's claims. The case was remanded for further proceedings. View "Ruble v. Rust-Oleum Corporation" on Justia Law