McCOY, et al. v. MILLER, et al., No. 30632 (Per Curiam)(February 28, 2003). Affirming orders entered in the Circuit Court of Kanawha County dismissing a second medical malpractice action and refusing to reinstate a legal malpractice action against the attorney who handled the medical malpractice claims previously, when they had been dismissed for failure to prosecute. [The Court previously reviewed, and affirmed, the trial court's dismissal of the first medical malpractice action in McCOY v. CAMC, 201 WV 324, 557 SE2d 378 (2001).] Appellants contended that the second malpractice action accrued when they first learned that the surgery in question was medically unnecessary; late discovery of a new cause of action should therefore overcome the statute of limitations under GAITHER and BRADSHAW. In light of the fact that this additional allegation could have been uncovered at an earlier stage of the proceedings given reasonable diligence by the first attorney, holding that there is no basis for extension of the discovery rule in these circumstances.

PRESTON MEMORIAL HOSPITAL v. PALMER, No. 30682 (Per Curiam)(Davis, J., concurring)(February 28, 2003). Affirming an order of the Circuit Court of Preston County ruling that, contrary to the decision of the tax commissioner, amounts paid by the hospital to Quorum Health Services as reimbursement of compensation of a chief executive and chief financial officer were exempt from use tax. Construing Technical Assistance Advisory 95-008, and holding that the hospital and Quorum are joint employers of the key personnel, which therefore enables the hospital to qualify for the employer-employee exemption to the use tax. (Specifically declining to endorse TAA 95-008; also stating that "nothing in this opinion is intended in any way to alter the obligation of employers to pay sales tax or use tax for persons hired through temporary employment agencies.")

BOARD OF EDUCATION OF TAYLOR COUNTY v. BOARD OF EUCATION OF MARION COUNTY, et al., No. 30683 (Davis, J.)(February 28, 2003). Answering a certified question from the Circuit Court of Taylor County: whether a county board of education may, without agreement from another county, establish bus stops within that other county to provide transportation to students who have received proper authorization to attend school in the county providing the transportation. Answering the question affirmatively.

RICHARDS v. WVDHHR/OFFICE OF INFORMATION SERVICES, et al., No. 30788 (Per Curiam)(McGraw, J., dissenting)(February 28, 2003). Affirming an order of the Circuit Court of Kanawha County that affirmed a Grievance Board ruling that denied the appellant's request for reallocation of his position. Rejecting appellant's contention that he should be reclassified at a higher level because he was misclassified at the time of hiring.

CHAFIN, et al. v. W.R. GIBSON, et al., No. 30620 (Per Curiam)(Maynard, J., and McGraw, J., disqualified)(Pancake, Judge and Rowe, Judge, by temporary assignment)(February 28, 2003). Affirming an order entered in the Circuit Court of Mingo County that granted summary judgment to a defendant in a defamation action. The defendant, sued individually and in his capacity as a member of the WV Division of Public Safety, had indicated during a press interview that the appellants were possible suspects in a hit and run accident. Appellants argue that the appellee lacked objective support for that statement, and that summary judgment was improper. Using a public official defamation claim analysis, holding that the appellants failed to offer sufficient evidence of actual malice in their response to the appellee's motion for summary judgment.