ALLSTATE WRECKER SERVICE, et al. v. KANAWHA COUNTY SHERIFF'S DEPT., et al., No. 30098 (Per Curiam)(McGraw, J., dissenting)(June 26, 2002).

Affirming a grant of summary judgment entered in the Circuit Court of Kanawha County in favor of governmental appellees in suit alleging monopoly, conspiracy, and tortuous interference with regard to the provision of towing services. Affirming lower court's decision without addressing immunity, "given the dearth of evidence offered in support of the averments set forth in the complaint."

HAWKINS v. FORD MOTOR CO., No. 30357 (Maynard, J.)(McGraw, J., concurring)(June 21, 2002).

Granting mixed relief from an order entered in the Circuit Court of Kanawha County that denied plaintiff's motion for attorney fees and costs under the Magnuson-Moss Act and also refused to allow the plaintiffs to amend their complaint to assert bad faith and unfair trade practices claims against Ford Motor. Holding that the UTPA and the tort of bad faith apply only to those persons or entities or their agents who are engaged in the business of insurance; a self-insured entity is not in the business of insurance. Also holding that a consumer who prevails on a claim for breach of an implied warranty of merchantability under the UCC, WV Code 46-2-101 et seq., may recover reasonable attorney fees under the Magnuson-Moss Act, 15 USC 2310(d)(2). Remanding for award of reasonable attorney fees.

TRAFALGAR HOUSE CONSTRUCTION, INC., et al. v. ZMM, Inc., et al., No. 30246 (Per Curiam)(June 21, 2002).

Reversing summary judgment entered in favor of defendants below in the Circuit Court of Kanawha County, on statute of limitations grounds, in a dispute between architect, geotechnical engineer, general contractor and subcontractor over alleged errors in the bid documents primarily regarding the amounts of dirt and rock needed to complete site preparation. Holding that material questions of fact remains as to: (1) when the appellant contractors first learned that the appellees allegedly fraudulently or negligently misrepresented their actual knowledge of the subsurface conditions; and (2) whether appellants reasonably relied upon the allegedly fraudulent representations.

SER WEIRTON MEDICAL CTR., et al. v. MAZZONE, et al., No. 30360 (Maynard, J.)(June 19, 2002).

Granting a moulded writ of prohibition to prevent the enforcement of certain evidentiary rulings issued by the Circuit Court of Brooke County in a wrongful death medical malpractice action. Construing provisions of the Medical Professional Liability Act, holding that necessity determinations and the timing of expert witness disclosures for both parties are to be resolved during the 55-7B-6 status conference, rather than being controlled by dates set forth in an initial scheduling order entered pursuant to R.Civ.P. 16.

DUNN v. WATSON, et al., Nos. 30249 and 30250 (Maynard, J.)(June 19, 2002).

Affirming a grant of summary judgment entered in the Circuit Court of Putnam County in favor of bank and trustee in action to set aside foreclosure sale. Clarifying requirements for issuance of notice of trustee sale under WV Code 38-1-4, including a rebuttable presumption of receipt when service is made by certified mail.

KERNER v. AFFORDABLE LIVING, Inc., No. 30358 (Per Curiam)(Davis, C.J., concurring)(Starcher, J., and Albright, J., dissenting)(June 19, 2002).

Affirming Circuit Court of Upshur County's final order denying 60(b) relief from judgment to a corporate defendant in a wage-collection action. Corporation cannot avoid a judgment rendered against it by selling corporate assets to a corporation with a different name.

MARLIN v. WETZEL COUNTY BD. of EDUCATION, et al., No. 30100 (Starcher, J.)(June 19, 2002).

Reversing an order of the Circuit Court of Wetzel County declaring that property owner was not entitled to coverage under policies issued to its general contractor, in response to a lawsuit by employees of various subcontractors, who allege asbestos exposure during the construction work. Holding, inter alia, that insurance company may be estopped from denying coverage when policyholder relies to their detriment upon a misrepresentation in an insurance certificate.

COOKMAN REALTY GROUP, INC. v. TAYLOR, CHIEF, OFFICE OF WATER RESOURCES, etc., No. 30116 (Per Curiam)(Starcher, J., and Albright, J., concurring)(June 19, 2002).

Affirming an order of the Circuit Court of Grant County that precluded DEP from ordering a property owner to eliminate motor-oil contamination from its property absent evidence that current property owner was the originator of such pollution. Holding that the subject regulation clearly and unambiguously limits the agency to requiring remediation only from those who originate contamination that results in a threat to groundwater.

LAMBERT v. GARTIN, et al., No. 30106 (Per Curiam)(June 19, 2002).

Reversing an order of the Circuit Court of Cabell County that dismissed a correctional officer's complaint that alleged he was entitled to additional compensation for performing duties regularly performed by a captain. Finding that appellant stated a claim upon which relief can be granted, remanding.