Link to original WordPerfect Document here

REHEARING CONFERENCE

Thursday, January 29, 1998

1.    Ronnie Lee S. v. Mingo County Bd. of Educ., No. 23965 (December 15, 1997, McHugh, J.):

    The Appellees, Mingo County Board of Education, seek a rehearing in this matter. Appellees argue that the Court has misapprehended the broad and expansive definition of a "free and appropriate public education" under the Individuals with Disabilities Education Act (IDEA) and its application to the facts of this case.

Refuse 4-1
[Maynard, J.]

2.    Jana Lynn Tudor v. Charleston Area Medical Center, Inc., No. 23948 (December 16, 1997, Workman, C.J.) (Appellant's Petition):

    The Appellants, CAMC and Janice Smith seek a rehearing in this matter. Appellants argue that the Court misapprehended material points of law and fact in: (1) finding that the issue of whether there was a constructive retaliatory discharge was properly submitted to the jury; (2) finding that the issue of tortious interference was properly submitted to the jury; (3) finding that the "de la Torre memorandum" was properly admitted into evidence; and (4) finding that the videotape deposition of Betty Tiernan was properly admitted into evidence.


Refuse 3-2
[Maynard, J., McCusky J.]

3.    Jana Lynn Tudor v. Charleston Area Medical Center, Inc., No. 23948 (December 16, 1997, Workman, C.J.) (Appellee's Petition):
        
    The Appellee, Jana Lynn Tudor, seeks a rehearing in this matter. Appellee requests that the Court reconsider its application of the principles set forth in

Syllabus Point 15 relating to duplication of punitive damages. Appellee asserts that she should be permitted to retain $500,000.00 of the total $1,000,000.00 punitive damage award because that portion was not duplicative of any defacto punitive damage component contained in the emotional distress award.


Refuse 3-2
[Maynard, J., McCusky J.]

4.    Ralph B. Hendershot v. W.C.D. and Consolidation Coal Co., No. 24332 (December 17, 1997, Memorandum Order):

    The Appellee, Consolidation Coal Co., seeks a rehearing in this matter. Appellee argues that the Memorandum Order is inadequate in that the Court must set out findings that support its decision.

Refuse 5-0

5.    Robert Lee Brown, Administrator v. John L. Carvill, No. 23941 (November  21, 1997, Per Curiam):

Grant 5-0