LAUDERDALE v. NEAL, et al., No. 29963 (Per Curiam)(April 26, 2002).

Reversing an order of the Circuit Court of Kanawha County that awarded a surviving spouse $100 out of a $100,000 settlement previously disbursed to other family members. Remanding for full hearing on amount of damages fairly due the appellant, directing that lower court to determine whether the surety on the administrator's bond was an employee of the administrator's law firm at the time the bond was given. If the surety acted in the course of her employment, then new bond required at the expense of administrator, administrator's counsel, law firm or successor firm.

LAMBERT v. WCD/VECELLIO & GROGAN, et al., Nos. 30041-30043 (Davis, C.J.)(Maynard, J., concurring)(April 26, 2002).

Granting mixed relief in workers' compensation appeals in which claimants challenged their permanent total disability (PTD) onset date. Setting forth guidelines for selecting the "date of disability" from which the PTD award will be calculated, and holding that a social security disability award is persuasive evidence of the onset of PTD.

CNG TRANSMISSION CORP. v. CRAIG, Tax Comm'r, No. 29996 (Starcher, J.)(April 26, 2002).

Reversing an order entered in the Circuit Court of Harrison County upholding tax assessments against CNG for consumer sales taxes arising from the purchase of goods and services used in the transmission of natural gas owned by CNG. Holding that the statutes in effect at the time exempted the purchase of goods and services used in the transmission of natural gas from the consumer sales taxes, whether or not CNG owned the gas being transmitted.

DAVIS, et al. v. WALLACE, et al., No. 29966 (Per Curiam)(Davis, C.J. and Maynard, J., dissenting)(Starcher, J., concurring)(April 26, 2002).

Reversing an order entered in the Circuit Court of Greenbrier County that imposed monetary sanctions against the parties and attorney who filed an action against various persons alleging negligence in testing, preparation, and testimony provided at a criminal trial. Finding that the lower court abused its discretion by imposing sanctions for a novel cause of action not currently recognized in West Virginia.

SER WV DHHR, BUREAU for CHILD SUPP. ENF., et al., v. CARPENTER, No, 29774 (Davis, C.J.)(Albright, J., concurring in part and dissenting in part)(April 26, 2002).

Granting mixed relief from an order of the Circuit Court of Wood County that required the biological father of a child born out of wedlock to reimburse the DHHR for certain birth and medical expenses. Holding that the DHHR's ability to request reimbursement is dependent upon the biological father's ability to pay such costs on the date the mother was granted birth and medical benefits. Remanded for further proceedings.

AMERICAN STATES INS. CO. v. TANNER, et al., No. 29991 (Davis, C.J.)(April 26, 2002).

Reversing a grant of summary judgment in favor of insurer entered in the Circuit Court of Monongalia County.  Holding that use of the rental vehicle at issue did not constitute regular use, and therefore the insurance policy's "regular use" exclusion does not apply to the claim at issue.

SER MOBIL CORP., et al. v. GAUGHN, et al., No. 30314. (Per Curiam)(Maynard, J., concurring)(Davis, C.J., disqualified)(Madden, Judge, by temporary assignment)(April 26, 2002).

Denying a writ of prohibition sought by defendants in asbestos actions referred to the mass litigation panel pursuant to TCR 26. Holding that required elements for prohibition were not met, and that ì[t]he trial court deserves to be accorded the necessary flexibility to consider and address the issues raised by the parties and, perhaps even more critically, the opportunity to reevaluate the trial plan during its operation and to make necessary modifications when it determines that alterations are warranted.î Further ordered that the mandate issue forthwith.