Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court affirmed the order of the circuit court granting summary judgment in favor of Defendants and dismissing Plaintiff's claims, holding that the circuit court did not err in finding that Defendants were entitled to qualified immunity.Plaintiff, an eighteen-year-old high school student, filed a civil action against Defendants, the county board of education and the county's sheriff's office and deputy, based on injuries he received while wrestling on a public school soccer field after leaving the high school building without authorization after the seventh period of class. The circuit court ruled that Defendants were entitled to qualified immunity and that, because Plaintiff was an adult when he left the school, Defendants did not owe him a duty at the time of the injury. The Supreme Court affirmed, holding (1) the county board was a state actor for purposes of determining whether it was entitled to qualified immunity; and (2) Defendants did not violate any statutory duty to Plaintiff, and therefore, Defendants were entitled to qualified immunity. View "Goodwin v. Board of Education of Fayette County" on Justia Law

The Supreme Court affirmed the order of the circuit court affirming a decision by the West Virginia Board of Medicine that imposed professional discipline upon Dr. Omar Hasan, including a one-year suspension of his medical license with the requirement that he petition for reinstatement, holding that there was no error in the circuit court's order affirming the final order of the Board.On appeal, Hasan argued that the Board erred by failing to adopt recommended findings of fact by its hearing examiner, by misstating various facts in its final order, and by improperly considering the content of certain text messages. The Supreme Court affirmed, holding (1) the Board has the authority to amend findings of fact recommended by its hearing examiner so long as it provides a reasoned, articulate decision that explains the rationale for its changes, and the Board provided such a rationale in this case; (2) the Board did not err in considering the challenged text messages; and (3) the Board did not commit reversible error by misstating certain evidence. View "Hasan v. West Virginia Board of Medicine" on Justia Law

The Supreme Court affirmed the judgment of the circuit court denying Petitioner's renewed motion for summary judgment and granting declaratory relief, holding that judicial estoppel applied to this appeal.Robert May brought an injunction proceeding against Mark-Banbury, LLC, the owner of property that it developed as The Lakes, after Mark-Banbury, LLC began draining water across May's land without May's permission. The circuit court awarded damages and an injunction prohibiting Mark-Banbury, LLC from future development of The Lakes until flooding and damages were stopped. The judgment order was recorded. Banbury Holdings, LLC subsequently purchased The Lakes and filed this collateral proceeding for declaratory judgment requesting that the circuit court declare that the judgment order in the injunction proceeding as void as to Banbury Holdings and its successors in title. The circuit court denied relief, finding that the prior litigation, in which Banbury Holdings was a party, ran with the land and was binding upon Banbury Holdings and all its successors in title. The Supreme Court affirmed, holding that Banbury Holdings was judicially estopped from asserting conflicting positions in this collateral proceeding. View "Banbury Holdings, LLC v. May" on Justia Law

In this medical malpractice action the Supreme Court affirmed the order of the circuit court granting summary judgment to Defendant and finding that Defendant did not have a duty to provide follow-up medical care after Plaintiff left Raleigh General Hospital against medical advice, holding that the circuit court properly granted summary judgment to Defendant.The day after Defendant performed surgery on Plaintiff, Plaintiff left the hospital against medical advice (AMA). Plaintiff was later diagnosed with an infection resulting from the fact that the temporary stents she received in her surgery had never been removed. Plaintiff sued. The circuit court granted summary judgment for Defendant, determining that the patient-doctor relationship between the parties ended the day that Plaintiff left the hospital against medical advice. The Supreme Court affirmed, holding (1) Plaintiff failed to establish that Defendant had a duty to provide medical care to her after she terminated their physician-patient relationship; and (2) in discontinuing the physician-patient relationship she had with Defendant when she left the hospital AMA, Plaintiff removed herself from the class of individuals sought to be protected by the West Virginia Medical Professional Liability Act, W. Va. Code 55-7B-1 to -12. View "Kruse v. Farid" on Justia Law

In this abuse and neglect case the Supreme Court affirmed in part and reversed in part the circuit court's dispositional order placing three children in the legal and physical custody of the West Virginia Department of Health and Human Resources (DHHR), holding that the circuit court erred by not terminating Mother's and Father's parental rights.Upon finding that Mother and Father were unable to adequately care for their three children the circuit court entered a final dispositional order placing the children in the custody of the DHHR. The guardian ad litem and DHHR appealed, arguing that the circuit court erred by not terminating the parents' parental rights. The parents also appealed, contending that the circuit court failed to comply with the Indian Child Welfare Act (ICWA), 25 U.S.C. 1901 to -1923. The Supreme Court remanded the case to the circuit court for entry of a dispositional order terminating Mother's and Father's parental rights, holding (1) there was no violation of the ICWA in this case; and (2) the best interests of the children required termination of Mother's and Father's parental rights pursuant to W. Va. Code 49-4-604(b)(6). View "In re N.R." on Justia Law

The Supreme Court granted the writ of prohibition requested by Petitioner, Municipal Water Works, to challenge a circuit court order granting Respondents' motion for class certification, holding that the order granting class certification must be vacated because the circuit court failed to conduct a thorough analysis of the four class certification prerequisites in Rule 23(a) of the West Virginia Rules of Civil Procedure.Respondents, individually and on behalf of a class of similarly situated individuals, filed a complaint against Municipal Water alleging that each putative class members was a customer of Municipal Water and, as a result, was exposed to illness causing pollutants in their water supply. Respondents filed a motion for class certification, which the circuit court granted. Petitioner then sought a writ of prohibition arguing that the circuit court's order did not contain a "thorough analysis" explaining how Respondents satisfied the four prerequisites contained in Rule 23(a). The Supreme Court agreed and granted the writ, holding that the circuit court's order did not contain a thorough analysis of the Rule 23(a) factors. View "State ex rel., Municipal Water Works v. Honorable Derek Swope" on Justia Law

In this abuse and neglect proceeding the Supreme Court reversed the dispositional order of the circuit court giving primary custody of two children to Father following his successful completion of an improvement period, holding that the circuit court failed to give proper consideration to the custodial, decision-making and limiting factors set forth in W. Va. Code 48-9-206, 207, and 209.In awarding primary custody to Father the circuit court found that the award was in the children's best interests based upon their preference to reside with Father and the court's conclusion that Father provided a more stable environment for the children. The Supreme Court reversed and remanded the matter for consideration of the appropriate statutory factors, holding that the circuit court erred in deferring to the children's purported preference, as expressed by third parties, to reside with Father because the court failed to give due consideration to the factors set forth in section 48-9-206, 207, and 209 in making its custodial allocation. View "In re T.M." on Justia Law

The Supreme Court vacated the order of the circuit court granting Plaintiff's writ of prohibition to stay further hearing on the revocation of his driver's license, holding that the circuit court lacked subject matter jurisdiction and should have dismissed the petition for writ of prohibition.In response to Plaintiff's petition filed in the Circuit Court of Monongalia County, the West Virginia Division of Motor Vehicles (DMV) asserted that the circuit court lacked subject matter jurisdiction because jurisdiction for extraordinary writs related to records maintained by the DMV is only proper in Kanawha County. The circuit court granted the writ of prohibition, concluding that the Legislature's recent amendment to W. Va. Code 14-2-2 made jurisdiction proper in Monongalia County. The Supreme Court held that the circuit court's order was void because section 14-2-2 is a venue statute and W. Va. Code 53-1-2 governs subject matter jurisdiction. View "Holley v. Feagley" on Justia Law

In this termination of parental rights proceeding the Supreme Court vacated the verbal ruling of the circuit court regarding Parents' rights to A.A. and affirmed the portions of the court's order terminating the parental rights to Z.A., S.A. and J.A.-2, holding that the court erred when it did not perform a best interests analysis with regard to the disposition of Parents' rights to A.A. and by failing to enter a dispositional order that addressed A.A.The circuit court terminated Parents' parental rights to Z.A, S.A., and J.A.-2 on the basis of physical and educational neglect. As to Parents' two other children, J.A.-1 and A.A., the circuit court made a verbal ruling to leave intact parents' rights but did so without having performed any analysis of these children's best interests. Further, the court failed to enter a dispositional order fo J.A.-1 and A.A. J.A.-1 reached the age of majority during the appeal period and was no longer a subject of the abuse and neglect case. The Supreme Court (1) affirmed the circuit court's termination of parental rights as too Z.A., S.A., and J.A.-2, holding that there was no error on the part of the circuit court; but (2) vacated the ruling leaving intact parents' rights to A.A., holding that remand was required for further proceedings. View "In re J.A." on Justia Law

The Supreme Court granted a writ of prohibition sought by Municipal Water Works to challenge an order issued by the circuit court granting Plaintiffs' motion for class certification, holding that the circuit court failed to conduct a thorough analysis of the class prerequisites in W. VA. R. Civ. P. 23(a), and therefore, the order granting class certification must be vacated.Plaintiffs, individually and on behalf of a class of individuals that were customers of Municipal Water, filed a complaint in the circuit court alleging that each putative class member was exposed to illness-causing pollutants in their water supply. After a hearing, the circuit court entered an order granting class certification. The Supreme Court vacated the order, holding that the circuit court's order did not contain a thorough analysis of the Rule 23(a) factors. View "State ex rel. Municipal Water Works v. Honorable Derek C. Swope" on Justia Law