Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court reversed the order of the circuit court concluding that the Raleigh County Housing Authority (RCHA) was entitled to qualified immunity in the underlying wrongful death and negligence action, holding that RCHA was a "political subdivision" as defined in the Governmental Tort Claims and Insurance Reform Act, W. Va. Code 29-12A-1 to 18.Edward S. And Rachel K. lived in a rental house with their three children with assistance from the RCHA. Two of the children died and Edward and a third child were seriously injured when the house caught fire. Edward sued RCHA alleging two counts of wrongful death and one count of negligence. The circuit court granted summary judgment for RCHA, concluding that RCHA was not a political subdivision as defined by the Tort Claims Act and that RCHA was qualifiedly immune. The Supreme Court reversed, holding that RCHA was a political subdivision under the Tort Claims Act. View "Edward S. v. Raleigh County Housing Authority" on Justia Law

The Supreme Court reversed the order of the circuit court concluding that Speedyway LLC was partially at fault for the death of Kevin Jarrett, holding that the circuit court erred in concluding that Speedway had a legal duty in this case.While driving her vehicle after leaving work at Speedway and running a personal errand, Brandy Liggett collided with Jarrett's motorcycle, killing him. Respondent, as the executrix of Jarrett's estate, brought this action alleging that Speedyway was negligent in Jarrett's death because at the time of the accident and during her shift at Speedway, Liggett was under the influence of illegally obtained prescription drugs. The circuit court found Speedyway to be thirty percent at fault in Jarrett's death. The Supreme Court reversed, holding that the evidence at trial failed to demonstrate that Speedway engaged in affirmative conduct that created an unreasonable risk of harm to Jarrett and the rest of the motoring public. View "Speedway LLC v. Jarrett" on Justia Law

In a putative class action involving a water main break the Supreme Court denied a requested writ of prohibition sought by West Virginia-American Water Company (WVAWC) to preclude enforcement of the circuit court's order certifying an "issues" class pursuant to W. Va. R. Civ. P. 23(c)(4), holding that WVAWC failed to demonstrate that the circuit court's class certification was clearly erroneous.The water break in this case and its ensuing repair resulted in water service interruptions that caused outages, inadequate water pressure, and boil water advisories affecting 25,000 WVAWC customers. Respondents filed this putative class complaint on behalf of the putative class asserting breach of contract and other claims. The circuit court certified the "issues" class to determine "the overarching common issues" as to WVAWC's liability, resulting in WVAWC bringing this action. The Supreme Court denied the requested writ of prohibition, holding that WVAWC failed to demonstrate that the circuit court's class certification was clearly erroneous. View "State ex rel. West Virginia-American Water Co. v. Honorable Webster" on Justia Law

In these consolidated appeals from the circuit court relating to the administration of the estate of Shirley Martin and of the trusts established by Carl Martin, Sr. and Shirley Martin the Court of Appeals reversed the order of the circuit court granting partial summary judgment in favor of Sherree Martin approving the payment of certain federal estate taxes from the Carl Martin Trust, the Supreme Court reversed and remanded the order in Case No. 21-0757 and affirmed the order in Case No. 22-0417, holding (1) the circuit court erred in concluding in Case No. 21-0757 that a preliminary injunction was warranted and that Sherree Martin should have been removed from her former fiduciary roles; and (2) the circuit court erred in concluding in Case No. 22-0417 regarding the payment of federal estate taxes. View "Martin v. Martin" on Justia Law

The Supreme Court affirmed the judgment of the circuit court terminating Mother's parental and custodial rights due to her substance abuse problem, holding that the circuit court did not err in terminating Mother's rights and in declining to extend her improvement period or grant an additional, post-dispositional improvement period.After a dispositional hearing, the circuit court denied Mother's motion for a post-dispositional improvement period and terminated her parental and custodial rights. The Supreme Court affirmed, holding that the circuit court did not err by (1) refusing to extend Mother's post-adjudicatory improvement period; (2) denying Mother's motion for a post-dispositional improvement period; and (3) terminating Mother's parental and custodial rights. View "In re H.D." on Justia Law

The Supreme Court reversed the judgment of the circuit court finding that Ford Motor Credit Company, LLC failed to meet its evidentiary burden to show the existence of an arbitration agreement in this case surrounding a dispute over the unpaid balance on an automobile loan, holding that the circuit court erred.Ford Credit sued Ronald Miller for the alleged balance due on a loan. Miller asserted a class action counterclaim for unlawful debt collection practices, in response to which Ford Credit filed a motion to compel arbitration. The circuit court denied the motion, concluding that Ford Credit failed to provide evidence that an arbitration agreement existed. The Supreme Court reversed and remanded the case, holding that the existence of an arbitration agreement between the parties had been established. View "Ford Motor Credit Co. v. Miller" on Justia Law

The Supreme Court affirmed the judgment of the circuit court granting in part and denying in part Petitioner's petition for a writ of habeas corpus, holding that there was no error in the circuit court's partial denial of habeas relief.After a jury trial, Petitioner was convicted of first-degree robbery and malicious assault. Petitioner's later-filed petition for writ of habeas corpus asserted sex general grounds for relief with various bases. The habeas corpus court granted Petitioner's request for credit for time served on home confinement pending appeal but otherwise denied relief. The Supreme Court affirmed, holding that there was no error in the habeas corpus court's denial of relief. View "Sowards v. Ames" on Justia Law

The Supreme Court imposed sanctions upon Respondent, the Honorable C. Carter Williams, for his violations of multiple provisions of the Code of Judicial Conduct and the Rules of Professional Conduct, holding that a six-month suspension without pay and other sanctions were warranted.Judicial disciplinary proceedings against Respondent, a circuit judge in the Twenty-Second Judicial Circuit, were initiated after he was stopped for a traffic violation by a police officer, identified himself as a a judge, contacted the officer's supervisors and made retaliatory and coercive comments. The West Virginia Judicial Hearing Board (JHB) concluded that a three-month suspension without pay and other sanctions was warranted, but the Judicial Disciplinary Counsel argued that the sanction was too lenient. The Supreme Court concluded that a six-month suspension without pay was appropriate to address Respondent's conduct and imposed the JHB's recommendation that Respondent comply with monitoring for two years, be censured and fined $5000 in addition to be required to pay certain costs. View "In re Honorable Williams" on Justia Law

The Supreme Court affirmed the order of the Board of Review (BOR) affirming the finding of the Office of Judges (OOJ) that Respondent's claim for occupational pneumoconiosis benefits against Petitioner was timely, holding that Petitioner was not entitled to relief on its allegations of error.The claims representative for Petitioner's worker's compensation insurance carrier found that Respondent's claim for benefits was filed outside of the pertinent three-year statute of limitations and therefore denied it. The OOJ reversed, ruling that Respondent was not time-barred from filing his claim. Thereafter, the Occupational Pneumoconiosis Board found that Respondent had a ten-percent impairment. The BOR affirmed on the timeliness issue. The Supreme Court affirmed, holding that the BOR did not clearly err in finding that Respondent filed his occupational pneumoconiosis claim within the three-year limitations period. View "Argus Energy, LLC v. Marenko" on Justia Law

The Supreme Court affirmed the judgment of the circuit court convicting Defendant of second-degree murder and sentencing him to a determinate term of forty years following a jury trial, holding that Defendant was not entitled to relief on his allegations of error.Specifically, the Supreme Court held (1) the circuit court did not err in not granting Defendant's motion for a mistrial because of two instances in which the State made references to Defendant's pre-trial silence after finding that the references did not violate Defendant's right against self-incrimination because any error was harmless beyond a reasonable doubt; (2) there was no error in the jury instructions; (3) Defendant failed to show that there were errors in the empanelment of the jury; and (4) there was no cumulative error in this matter. View "State v. Hoard" on Justia Law