West Virginia Supreme Court, 2001

The West Virginia Supreme Court affirmed the circuit court’s refusal to give a comparative negligence instruction in a medical malpractice action, holding that the plaintiff’s own negligence and the alleged negligence of non‑party physicians were not cognizable issues, and that the trial court did not err in refusing…

The court reversed and remanded a child abuse and neglect disposition because the circuit court failed to make the specific factual and statutory findings required to terminate the mother's parental rights to Benny and transfer custody of the other children.

The court held that a support obligor may obtain a hearing to determine ability to reimburse AFDC benefits when the State seeks reimbursement, unless the amount was fixed by a prior court order or agreement.