Thomas E. McHugh

This case involved a negligence lawsuit by Bobby and Amanda Messer against Hampden Coal Company after Bobby Messer suffered severe electrical injuries while working as a contractor on a power line at a coal site; the Messers alleged Hampden failed to disclose that the line was energized. After a jury found for Hampden, the Messers moved for a new trial, arguing that the trial court should have struck a prospective juror with an electrical engineering background and related work experience for cause. The West Virginia Supreme Court affirmed the denial of the motion, holding that the trial court did not abuse its discretion because the juror stated he could remain impartial, set aside his personal knowledge, and decide the case based solely on the evidence and jury instructions. The court emphasized that a juror's mere background in a relevant field does not automatically create a probability of bias warranting removal when the juror affirms fairness.

proceduretorts & liability

The case involved a grievance by Michelle Falquero, a classified public employee at the West Virginia Department of Environmental Protection, who submitted a letter of resignation effective June 15, 2008, but later attempted to rescind it after workplace issues improved and before the agency formally accepted the resignation. The Grievance Board ruled in her favor, finding the resignation void because it was an unaccepted offer that she withdrew, and ordered her reinstatement with back pay. The circuit court affirmed the Board's decision, and the West Virginia Supreme Court of Appeals upheld that ruling. The core reasoning was that state regulations governing classified employee separations treat a resignation as an offer requiring acceptance by the appointing authority, which did not occur until after the rescission, and no prior Grievance Board precedent required a different result.

labor & employment

The case concerned whether a convicted sex offender in West Virginia violated the state's Registration Act by not re-registering within three business days after a one-night jail confinement on unrelated charges, despite no change in his previously updated registry information. The trial court dismissed the felony indictment for failure to register, and the State appealed. The Supreme Court of Appeals affirmed the dismissal, holding that the Act requires re-registration only upon conviction, release from qualifying confinement, or when information changes, and that a brief unrelated detention did not trigger a new duty to register. The court interpreted the statutes as not mandating re-registration after every jail release absent altered details or other statutory triggers.

criminal lawprocedure

The case involved Pilgrim's Pride Corporation challenging the denial of farm-related personal property tax exemptions for its vertically integrated poultry operations in Hardy County, West Virginia, for tax year 2009. The company sought exemptions under statutes for property used in the 'subsistence of livestock' and for 'farm or farm operation' purposes across its hatchery, feed mill, live haul center, processing plant, and protein conversion facility. The circuit court granted summary judgment to the State Tax Commissioner and county assessor, finding entitlement to the subsistence exemption only for the hatchery. The Supreme Court of Appeals affirmed, holding that the company was not entitled to the farm exemption because its primary business was commercial poultry processing rather than farming, and it did not qualify as the 'producer' of the chickens under the subsistence exemption since third-party growers handled the maturation phase. The court reasoned that the statutory requirements for being 'actually engaged in agriculture' were not met due to the lack of direct involvement in grow-out operations, despite the company's ownership of the birds.

taxesbusiness & regulatoryproperty

The case involved a civil lawsuit by David Botkins against the City of Saint Albans and two police officers, alleging excessive force, battery, false arrest, and violations of state and federal constitutional rights stemming from an incident in which officers responded to a late-night confrontation at a Taco Bell drive-thru and allegedly struck and kicked Botkins after he partially complied with an order to get on the ground. The defendants moved for summary judgment on qualified immunity and other grounds, but the trial court denied the motion. On interlocutory appeal, the Supreme Court of Appeals of West Virginia reversed the denial of summary judgment, holding that the officers were entitled to qualified immunity because their conduct did not violate clearly established law. The court reasoned that the focus in qualified immunity analysis is on whether the contours of the constitutional right at issue were sufficiently clear to put a reasonable officer on notice that the specific actions were unlawful under the circumstances presented.

civil rightscriminal lawtorts & liability

The County Commission of Greenbrier County petitioned for a writ of prohibition to block enforcement of a circuit court's mandamus order that required the Commission to increase funding in the sheriff's fiscal year 2011-12 budget, meet and confer with the sheriff on specific line items, and submit a revised budget. The underlying dispute arose after the Commission reduced the sheriff's requested allocations for salaries, uniforms, training, and travel based on comparisons to prior budgets, other counties' spending, and the sheriff's prior underspending of appropriated funds. The Supreme Court of Appeals granted the writ of prohibition, holding that the Commission's budget decisions were not arbitrary or capricious and that mandamus may not be used to compel performance of a discretionary administrative act by a county commission.

procedure