SMITH v. BURDETTE, et al., No. 30101 (Starcher, J.)(June 14, 2002).

Reversing summary judgment in favor of police officer and city entered in the Circuit Court of Kanawha County. Holding that the circuit court erred in finding that the city had political subdivision immunity when an on-duty city police officer's cruiser collided with another vehicle.

WILLARD v. WHITED, No. 29327 (McGraw, J.)(Davis, C.J. and Maynard, J., dissenting)(June 17, 2002).

On rehearing, reversing an order entered in the Circuit Court of Jackson County dismissing a declaratory judgment action filed to clarify the impact of a special commissioner's report. While recognizing that declaratory judgment is not a substitute for a direct appeal, holding that in special and limited circumstances, where a purported final order leaves aspects of a case unresolved, a declaratory judgment action may be used to clarify the meaning or application of a previously existing court order.