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West Virginia Death Law
 
Lemarco, Inc. v. Nancy Helton

A coal company and its insurer (collectively “Lemarco”) petition this court for review of an award of black-lung benefits to Nancy Helton, the widow of former miner Wayne Helton. Discerning no legal error and finding that substantial evidence supports the Administrative Law Judge’s (“ALJ”) conclusion, we deny the petition.

I.

Wayne worked as a coal miner for over thirteen y... More...
   $0 (03-18-2014 - WV)

Mary L. Fox v. Elk Run Coal Company

Appellant Mary Fox contends that Elk Run Coal Company committed fraud on the court and thereby deprived her husband, coal miner Gary Fox, of nearly a decade of benefits under the Black Lung Benefits Act (“BLBA”). The Benefits Review Board (“BRB”) found that Elk Run’s conduct was not sufficiently egregious to meet the high bar for a claim of fraud on the court because it did not amount to... More...   $0 (01-06-2014 - WV)

Westmoreland Coal Company, Inc. v. Mae Ann Sharpe

As recounted in our prior opinion in these Black Lung Benefits Act proceedings, see Sharpe v. Dir., OWCP, 495 F.3d 125 (4th Cir. 2007) ("Sharpe I"), coal miner William A. Sharpe was awarded total disability benefits in 1993, and received those benefits until he died in 2000. A week after Mr. Sharpe’s death, his widow, Mae Ann Sharpe, made a claim for survivor’s benefits. Within two months of M... More...   $0 (08-21-2012 - WV)

Family and Estate of Lewis Timmons v. Ohio Power Company and American Electric Power Service Corporation

Family and Estate of Lewis Timmons sued Ohio Power Company and American Electric Power Service Corporation on negligence theories for his wrongful death. Mr. Timmons was working for General Hydrogen and was delivering a load of hydrogen to the Mudkingum River Power Plant near Beverly, Ohio. Plaintiffs claimed that a hydrogen leak at the plant caused an explosion. Plaintiffs claimed that Ohio Powe... More...   $6998940 (08-26-2011 - WV)

Tom Douglas v. Manor Care, Inc. d/b/a Healthland of Charleston Nursing Home

Tom Douglas sued Manor Care, Inc. d/b/a Heartland of Charleston Nursing Home on a medical negligence (medical malpractice) theory for her wrongful death claiming that Defendant failed for properly care for, nourish and hydrate Mrs. Douglas, age 87, and, as a direct result, she died. Mrs. Douglas suffered from dementia. She lost weight while at Heartland. Plaintiff claimed that the facility was n... More...   $91500000 (08-05-2011 - wv)

Randy L. Mace v. Mylan Pharmaceuticals, Inc.

The plaintiff below and appellant herein, Randy L. Mace (“Mr. Mace”), as personal representative of the Estate of Kathy W. Mace (“Ms. Mace”), appeals from an order of the Circuit Court of Monongalia County, West Virginia, dismissing his wrongful death lawsuit on the basis of forum non conveniens. Applying West Virginia Code § 56-1-1a (Supp. 2010), the forum non conveniens statute, the cir... More...   $0 (06-16-2011 - WV)

James D. MacDonald v. City Hospital, Inc.

Once again, this Court is asked to consider the constitutionality, vel non, of W. Va. Code § 55-7B-8 which places a limit or “cap” on compensatory damages for noneconomic loss awarded in a medical professional liability action. On two prior occasions, in the cases of Robinson v. Charleston Area Medical Center, Inc., 186 W. Va. 720, 414 S.E.2d 877 (1991) and Verba v. Ghaphery, 210 W. Va. 30, 5... More...   $0 (06-22-2011 - WV)

Clayton Brown v. Genesis Healthcare Corporation

In the three cases now before the Court, we are asked to examine two areas of the law which – surprisingly – we have never directly and comprehensively addressed. The first area of the law we consider involves Section 2 of the Federal Arbitration Act (“the FAA”).1 We are asked to consider its preemptive effect on West Virginia’s nursing home laws. These cases involve arbitration clauses ... More...   $0 (06-29-2011 - WV)

Family and Estate of Devron Lunsford v. Lauren Decker and James P. Meintel

The Family and Estate of Devron Lunsford sued Lauren Decker and James P. Meintel on negligence wrongful death theories claiming that James P. Meintel failed to exercise due care when he let him drive his 2007 Honda 750cc motorcycle with Lunsford as his passenger. Lunsford was killed when the motorcycle hit a car just after 9 p.m. on July 28, 2008.

Defendants admitted liability.... More...
   $0 (06-29-2011 - WV)

Brenda A. Bosley v. Mineral County Commission

West Virginia, County Sheriff Craig Fraley, and his Chief Deputy, Paul Sabin, challenge the district court’s award of attorney’s fees and costs under 42 U.S.C. § 1988 to Appellee Brenda A. Bosley. Appellants do not challenge the calculation, the amount or the reasonableness of the award; nor do they dispute that Appellee was a "prevailing party" under § 1988(b). Rather, they contend more nar... More...   $0 (06-14-2011 - WV)

Donna F. Wilson v. Leon Hunter Wilson

The appellant, Donna F. Wilson, (See footnote 1) ex-wife of appellee, Leon Hunter Wilson, appeals the June 4, 2009, order of the Circuit Court of Berkeley County. In that order, the circuit court denied Ms. Wilson's motion for reconsideration (See footnote 2) of the court's March 25, 2009, order which reversed the November 21, 2008, final divorce order of the Berkeley County Family Court and rem... More...   $0 (11-23-2010 - WV)

Leeorr M. Rosier v. Robert L. Roiser

This appeal arises from the judgment of the Circuit Court of Tucker County, West Virginia, in a case between the appellant, Leeorr Rosier (hereinafter referred to as Mrs. Rosier), and her son, the appellee, Robert Lee Rosier. Mrs. Rosier brought the action against her son as the widow of Stearl Rosier and as the Executrix of his estate. At issue is the ownership of bank accounts, farm machinery, ... More...   $0 (11-23-2010 - WV)

Michael D. Sloas v. CSX Transportation

Michael Sloas, a sheetmetal worker employed by CSX Transportation, Inc. ("CSXT"), injured his back while attempting to remove a damaged Snyder valve from a locomotive’s fuel tank. Subsequently, Sloas applied for and received a disability annuity under the Railroad Retirement Act ("RRA"). See 45 U.S.C. § 231 et seq. Sloas also sued CSXT for negligence under the Federal Employers Liability Act ("... More...   $0 (07-26-2010 - WV)

Howard Wrenn v. the West Virginia Department of Transportation, Division of Highways

This case is before this Court upon an appeal from a final order of the Circuit Court of Wyoming County, West Virginia, granting a motion to dismiss filed by the Appellee and Defendant below, the West Virginia Department of Transportation, Division of Highways (hereinafter called “DOH”). In that Order, the circuit court concluded that the DOH is entitled to sovereign immunity in this case bec... More...   $0 (11-04-2009 - WV)

Richard Blake, Jr. v. State Farm Mutual Automobile Insurance Company

This case is before the Court upon the June 30, 2008, Order of the Circuit Court of Marshall County, West Virginia, wherein the circuit court granted Partial Summary Judgment to the Appellees, Richard Blake, Jr., and John T. Parker and determined that the Appellant, State Farm Mutual Automobile Insurance Company (hereinafter sometimes referred to as “State Farm”), was required to defend and in... More...   $0 (11-04-2009 - WV)

RIVER RIDERS, INC., and MATTHEW KNOTT, Petitioners V. THE HONORABLE THOMAS W. STEPTOE, ALL PLAINTIFFS IN THE CHRISTOPHER et al v. RIVER RIDERS, INC., CIVIL ACTION NO. 06-C-328, AND ALL PLAINTIFFS IN FREEMAN CIVIL ACTION NO. 06-C-325, Respondents

Petitioners, River Riders, Inc. and Matthew Knott, seek a writ of prohibition to vacate three pre-trial orders of the Circuit Court of Jefferson County that (1) excluded from the forthcoming trial the Release and Assumption of Risk Agreements that had been signed by fourteen plaintiffs prior to embarking on a whitewater rafting expedition provided by the Petitioners; (2) ruled that the rafting in... More...   $0 (12-10-2008 - WV)

Widow of Thomas L. Thornburg v. Huntington Anesthesia Group Inc.

The Widow of Thomas L. Thornburg sued Huntington Anesthesia Group, Inc. et al. on a medical negligence (medical malpractice) theory for the wrongful death of her husband. She claimed that Thomas Thornburg received below the standard of care from a nursing anesthetist for inadequate attention to Thornburg's vital signs.
She claimed that a lack of breathing over a considerable amount of time de... More...
   $1540000 (08-19-2008 - WV)

Misty Blessing v. National Engineering & Contracting Company, et al.

Misty Blessing appeals from the September 13, 2006, order of the Circuit Court of Kanawha County granting summary judgment to Appellee West Virginia Department of Transportation (the "Department") in connection with a wrongful death action Appellant filed against the Department and its employee, Appellee Byron Smith. In granting summary judgment to the Department and Mr. Smith, the trial court rul... More...   $0 (04-25-2008 - WV)

Estate of Hilda Boggs v. Camden-Clark Memorial Hospital

The Estate of Hilda Boggs sued Camden-Clark Memorial Hospital and others on a medical negligence theory (medical malpractice) for the wrongful death of Mrs. Boggs during ankle surgery in 2001. Plaintiff claimed that the anesthesiologist overdosed Boggs with lidocaine, allowing the drug to reach her chest, where it stopped her heart and interrupted her breathing.

The defenses asserted by the ... More...   $1400000 (03-07-2008 - WV)

Allison J. Riggs and Jack E. Riggs, M.D. v. West Virginia University Hospitals, Inc.

I concur in the majority opinion's determination that the doctrine of judicial estoppel precluded the Appellants from changing their theory of liability after the jury returned its verdict. I have chosen to write separately to discuss the issue of whether or not the cause of action filed against WVUH could have been brought outside the MPLA, (See footnote 1) and to respond to the flawed arg... More...   $0 (01-14-2008 - WV)

Family and Estate of Charles "Chick" Clegg v. Robert Gaiser

The Family and Estate of Charles "Chick" Clegg sued Robert Gaiser for the wrongful death of Mr. Clegg who was killed in an automobile accident in 2003. Plaintiffs claimed that Gaiser was intoxicated and crossed the centerline on West Virginia Highway 2 and struck Clegg's Dodge pickup truck near New Martinsville. Clegg's truck rolled over caving in the roof killing him.

The defenses, if a... More...   $8300000 (12-03-2007 - WV)

Grady Colin Kelley, II and Frieda Carol Kelley v. The City of Williamson, West Virginia, etc.

Grady Colin Kelley, II, and Frieda Carol Kelley (hereinafter "Appellants" or "Mr. Kelley and Mrs. Kelley") appeal from orders of the Circuit Court of Mingo County granting summary judgment to Appellees City of Williamson and Williamson police officer Michael Barnes. The Appellants allege that the trial court erred in granting summary judgment where genuine issues of material fact exist for ju... More...   $0 (11-24-2007 - WV)

Family and Estate of Charles "Chick" Clegg v. Robert Gaiser

The Family and Estate of Charles "Chick" Clegg sued Robert Gaiser on a negligence theory for the wrongful death of Mr. Clegg who was killed in an automobile accident in 2003. Plaintiffs claimed that Gaiser was intoxicated and cross the centerline on West Virgina Highway 2 and struck Clegg's Dodge pickup truck near New Martinsville. Clegg's truck rolled over caving in the roof killing him.

... More...   $8300000 (11-21-2007 - WV)

Marlin Collins, individually and on behalf of the Estate of Donna Collins v. Taylor-Vinson Trust and Getty Engineering Company

Marlin Collins, individually and on behalf of the Estate of Donna Collins sued Taylor-Vinson Trust and Getty Engineering Company on a negligence theory for the wrongful death of his wife Donna, age 34, who was killed on August 31, 2004 when a tree to toppled off a hillside on W.Va. 10 and onto her 1993 Ford Taurus. The highway is one of the most heavily traveled areas of Logan County. The 70-... More...   $1000000 (08-30-2007 - WV)

Opha L. Keith Estate, etc. v. David W. Keith

This case is before us on certified questions and presents the issue of whether, upon the destruction of the real property included in a life estate, a remainderman is entitled to the proceeds from a fire insurance policy that the life tenant applied for and purchased. Upon our careful consideration of this issue, we determine that under well-established principles of contract law a remainderma... More...   $0 (04-20-2007 - WV)

Diana Savilla, Individually and as Administrator of the Estate of Linda Kannaird v. City of Charleston, West Virginia and Speedway

Diana Savilla, Individually and as Administrator of the Estate of Linda Kannaird sued City of Charleston, West Virginia and Speedway on negligence theories for the wrongful death of Mrs. Kannaird who drowned when a rescue boat capsized. Mrs. Kannaird was an employee of a Speedway station that flooded in 2000. The City sent a rescue team to removed her and others from the flooded station but i... More...   $190000 (04-20-2007 - WV)

Mark and Tracy Hunt v. University Hospitals Inc., WVUs Board of Trustees. Dr. Robert Gustafson

Mark and Tracy Hunt sued University Hospitals Inc., WVU's Board of Trustees. Dr. Robert Gustafson on a medical malpractice wrongful death theory claiming that the 10-month-old son Andrew died in 1999 after heart surgery as a direct result of below the standards of care treatment by defendants.... More...   $370000 (11-22-2006 - WV)

Linda J. Haines, M.D., Beneficiary of the Estate of Ralph W. Haines, Deceased, v. Pamela K. Kimble, Executrix of the Estate of Ralph W. Haines, Deceased

This case is before this Court upon appeal of a final order of the Circuit Court of Hampshire County entered November 19, 2004. (See footnote 1) In that order, the circuit court affirmed the Hampshire County Commission's refusal to remove the appellee and respondent below, Pamela K. Kimble, as the executrix of the estate of the testator, Ralph W. Haines. The appellant and petitioner below, ... More...   $0 (03-17-2006 - WV)

Timothy Coffman, Administrator of the Estate of Jonathan Coffman v. Department of Health and Human Resources

Timothy Coffman, Administrator of the Estate of Jonathan Coffman sued the West Virginia Department of Health and Human Resources on a wrongful death theory claiming that a DHHR caseworker allowed the child's mentally diabled mother to leave a hospital for an unheated home in Raleigh County where the child died of hypothermia.

The defenses asserted by the DHHR are not available.... More...   $1 (08-09-2005 - WV)

Lindsie D. L. v. Richard W. S.

Lindsie D.L., (See footnote 1) a minor, by her next friend and legal guardian, Judy P., appeals the February 3, 2003, order of the Circuit Court of Grant County that dismissed what she styled as a "Petition or Motion for Visitation," in which she requested the circuit court to grant her the right to regular visitation with her minor half-sibling. We choose to treat this appeal as a petition ... More...   $0 (12-18-2003 - WV)

Patrick M. Mays, Administrator of the Estate of Robert B. Mays, deceased v. Hao Chang, M.D.

The appellant, Patrick Mays, is the administrator of the Estate of Robert B. Mays. Robert B. Mays ("Mr. Mays") was diagnosed with colorectal cancer in March 1993, and he died as a result of the disease on January 1, 1995. The appellant contends that Mr. Mays' family physician, appellee Dr. Hao Chang, was negligent in failing to discover the colorectal cancer.

Mr. Mays suffered from variou... More...   $0 (03-19-2003 - WV)

Douglas Brown, individually and as Administrator of the Estate of Leah Brown v. City of Wheeling

In this appeal from the Circuit Court of Ohio County, the appellant challenges a circuit court order granting summary judgment. The appellant, on behalf of the estate of Leah Brown, had sued Mrs. Brown's employer, the City of Wheeling. Mrs. Brown and a co- worker were returning from an out-of-town work-related training session when Mrs. Brown died in a one-vehicle automobile accident. Mrs.... More...   $0 (08-02-2002 - WV)

Randall Floyd Belcher, et al. v. George R. Powers and Norva Belcher

The controversy in this case involves the interpretation of deeds to land located in the Elk District of Kanawha County, West Virginia. The deeds in question were created in 1959 when Lucy Copen Belcher subdivided a sixty-nine-acre tract of land into seven lots for conveyance to family members. More specifically, the matter before this Court concerns the size of a family cemetery reserved in the d... More...   $0 (10-18-2002 - WV)

Lockhart v. Airco Heating and Cooling, Inc.

This case is before this Court upon appeal of a final order of the Circuit Court of McDowell County entered on December 29, 2000. In that order, the circuit court granted summary judgment in favor of the appellee and defendant below, Airco Heating and Cooling, Inc. (hereinafter “Airco”) in this wrongful death action filed by the appellant and plaintiff below, Carol Lockhart, Administra... More...   $0 (05-29-2002 - WV)

Constance Anderson, et al. v. David L. Weinsweig, M.D., et al.

Constance Anderson appeals a judgment in favor of Dr. David L. Weinsweig in her medical malpractice suit.* She contends that the district court erred in allowing Weinsweig to impeach her expert wit- ness, Dr. Donald Austin, with findings by the American Association of Neurological Surgeons (AANS) concerning alleged defects in Aus- tin's expert testimony in another case. We affirm.

I.

... More...   $0 (05-14-2002 - WV)

Lang v. Derr

The record in this case shows that in 1985 or 1986, the appellee, Florence W. Derr, moved into the household of Robert W. and Nancy Welsh as a paying boarder. At the time, the appellant, who is the Welshes' daughter, was a minor and living at home.

Shortly after Florence Derr moved into the Welsh household, Ms. Welsh was diagnosed with cancer and became bedridden, and Florence Derr undertook... More...   $90000 (05-03-2002 - WV)

Lauderdale v. Neal, et al.

Viola Brown Lauderdale (hereinafter “Appellant”) appeals from a January 2, 2001, order of the Circuit Court of Kanawha County, under which she was declared entitled to just $100 from the proceeds of a $100,000 settlement previously disbursed to family members other than herself as a result of a summary proceeding seeking review of a compromise of a wrongful death claim arising out of t... More...   $0 (04-25-2002 - WV)

Lauderdale v. Neal, et al.

Viola Brown Lauderdale (hereinafter “Appellant”) appeals from a January 2, 2001, order of the Circuit Court of Kanawha County, under which she was declared entitled to just $100 from the proceeds of a $100,000 settlement previously disbursed to family members other than herself as a result of a summary proceeding seeking review of a compromise of a wrongful death claim arising out of t... More...   $0 (04-25-2002 - WV)

Gorman D. Osborne, et al. v. United States of America,

Federal Tort Claims Act Claim - Wrongful Death - Injuries - Paralysis - Sammy Hubbard, age 26, was killed, his wife Lynn sustained a broken neck and their daughter Katie was paralyzed from the waist down when their car was hit head-on by a pickup truck driven by Terry Hoosier. The plaintiffs claimed that Hoosier was driving while impair from the ingestion of drugs prescribed to him by Dr. Prakob ... More...   $4500000 (09-29-2001 - WV)

Johnna Rubin, et al. v. United States of America

Federal Tort Claim - Medical Malpractice - Wrongful Death - Plaintiff sought to recover damages for the death on March 29, 1994, of her husband, who, she alleged, died as a result of negligent and improper care and treatment furnished to him as an outpatient by government employees acting in the course of their employment at the Veterans Administration Area Medical Center, near Huntington, West Vi... More...   $0 (06-27-2000 - WV)

 
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