SER DUNLAP v. BERGER, et al., No. 30035 (Starcher, J.)(June 14, 2002).

Granting a writ of prohibition to prevent enforcement of an order entered in the Circuit Court of Kanawha County that required a consumer, who filed an action against a retail jewelry store and related parties, to proceed to arbitration due to certain language in the form purchase and financing agreement. The consumer alleged a systematic, deceptive, and illegal "loan packing" scheme whereby unrequested insurance charges were routinely added to the cost of consumer purchases from the retail jeweler. Holding, inter alia, that the federal arbitration act does not prevent a state court from examining the unconscionability of exculpatory provisions in a contract of adhesion, where those provisions, if applied, would substantially limit a person from enforcing and vindicating rights and protections or from seeking and obtaining statutory or common-law relief and remedies that are afforded by or arise under state law that exists for the benefit and protection of the public.

MILLS, et al. v. DAVIS, et al., No. 30121 (McGraw, J.)(Maynard, J., dissenting)(June 17, 2002).

Reversing an order of the Circuit Court of Wayne County that dismissed, with prejudice, a tort action arising from a car accident due to plaintiff's failure to attend an independent medical examination scheduled within a month of trial. Communication between the parties suggested that both would seek a continuance, but instead State Farm moved for sanctions. Finding that the sanction of dismissal wash unduly harsh under the facts of the case.

BUTTS v. HIGHER ED. INTERIM GOVERNING BD./SHEPHERD COLLEGE, No. 30120 (Per Curiam)(Davis, C.J. and Maynard, J., dissenting)(June 17, 2002).

Reversing an order entered by the Circuit Court of Jefferson County that upheld a reprimand issued against an associate professor. Holding that the reprimand was improperly issued and should be removed from the employee's record. The professor had refused to release student grades, believing that such release would have violated the school's privacy policy.

MEADOWS v. HOPKINS, No. 30252 (Davis, C.J.)(Starcher, J., dissenting)(June 14, 2002).

Reversing an order of the Circuit Court of Nicholas County that ruled in favor of the sheriff, that the county deputy sheriffs civil service commission did not have authority to reinstate a deputy sheriff. Holding that the commission did have such authority.

PHARES v. BROOKS, et al., No. 30318 (Per Curiam)(June 17, 2002).

Reversing an order of the Circuit Court of Mineral County that denied plaintiff's request for a hearing on whether a member of the jury panel in a personal injury action failed to properly respond to questions on voir dire regarding familiarity with the scene of the accident. Remanding for further proceedings.

SER WARE v. HENNING, et al., No. 30471 (Per Curiam)(June 17, 2002).

Granting a writ of prohibition to prevent enforcement of an order entered in the Circuit Court of Randolph County compelling specific performance of a contract for the sale of land and abutting right-of-way entered into by the pastor of a religious organization. Holding that the religious organization's failure to comply with the statutes involving the appointment and registration of trustees, and those requiring action by proper trustees to validate a real estate transaction, renders its attempted purchase of the real estate void.

GRAHAM v. BEVERAGE, et al., No. 30110 (Albright, J.)(June 14, 2002).

Granting mixed relief from summary judgment in favor of defendants entered in the Circuit Court of Berkeley County in an action for water runoff damage to real property. Reversing grant of summary judgment to property developers on an adjoining landowner's negligence claim, including the determination that the claim was time-barred. Holding that where a tort involves a continuing or repeated injury, the cause of action accrues at and the statute of limitations begins to run from the date of the last injury or when the tortious overt acts or omissions cease.

POLITINO v. AZZON, No. 29766 (Per Curiam)(Albright, J., dissenting)(June 17, 2002).

Affirming summary judgment entered in the Circuit Court of Kanawha County in a subrogation action involving corporate shareholders. Rejecting several arguments, including an assertion that to allow recovery on the subrogation claim would amount to unjust enrichment.

EDWARDS v. BESTWAY TRUCKING, Nos. 30122, 30123 (Per Curiam)(June 17, 2002).

Reversing an order entered by the Circuit Court of Kanawha County in a personal injury action. Holding that a general umbrella liability insurance policy did cover the demonstrator vehicle used by the tortfeasor to drive a group of individuals to church at the time of the accident.