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Requests for Oral Presentation
and
Petitions for Appeal

October 29, 1998

1.    Thomas Bailes Contracting Co., Inc. v. Multiplex, Inc., No. 982368. Defendant appeals jury verdict in a construction contract case where an award of $19,670.00 was returned for the plaintiff subcontractor.
Refuse 5-0

2.    Bettie Jean High v. Michael H. High, No. 982384. Plaintiff appeals in a divorce action.
Refuse 5-0

3.    State of West Virginia v. James M. Isabell, No. 982392. Defendant appeals convictions of malicious wounding (2 to 10 years) and aggravated robbery (30 years consecutively).
Accept

4.    Kenneth Bays v. Lute Plumbing Supply, No. 982393. Defendant appeals jury verdict in a handicap discrimination in employment action. The jury returned a verdict in favor of the plaintiff for $22,500.00. The court awarded $84,631.25 in attorney's fees and $10,875.06 in costs.
Accept

5.    State of West Virginia v. Jerry Paul Davis, No. 982395. Defendant appeals convictions of domestic battery (1 year), battery (1 year concurrent), DUI (ten days consecutive) and burglary (1 to 15 consecutively, suspended and 3 years probation).
Refuse 5-0

6.    Stanley G. Mitchell v. Anne M. Mitchell, No. 982413. Defendant appeals from lower court order in a divorce action.
Grant 3-2
[Starcher, J., Maynard, J.]

7.    State of West Virginia v. Ancel Williamson, No. 982388. The petitioner challenges his convictions upon 45 counts of sexual offenses. For each alleged act, the petitioner was charged with first degree sexual assault, incest and sexual abuse by a parent (for a total of 45 counts). The petitioner's sentence upon the convictions, in effect, constitutes a life sentence.
Accept
[Maynard, J. Disqualified]

8.    Christopher Brunetti v. Winans Sanitary, No. 982394. A civil action was filed against the petitioner, Winans Services, because of theft committed by one of its employees. Summary judgment was granted in favor of Winans' bonding company because the employee had been terminated by Winans two days prior to the theft. Winans appeals the granting of summary judgment in favor of the bonding company.
Refuse 3-1
[Starcher, J.]
[McCuskey, J. Disqualified]

9.     William E. Cutright v. Metropolitan Life Insurance, No. 982414. The petitioner asserts that because he prevailed in an unemployment compensation case, his separate, wrongful discharge from employment action should be revisited.
Refuse 4-1
[McCuskey, J.]

10.    Cabell County BOE v. Marshall K. Sargent, No. 982416. The petitioner challenged the Cabell County Board of Education's award of the supervisor of transportation position to a less seniored employee. The Level IV grievance decision in favor of the petitioner was reversed by the Circuit Court of Kanawha County.
Refuse 5-0

11.    Michael Lamarr v. Kanawha Valley Regional Transportation Authority, No. 982425. The petitioner challenges the entry of summary judgments in favor of his employer and union in an action wherein the petitioner's employment was terminated because he made a rude and disrespectful comment while on duty.
Refuse 5-0

12.    Tina Bulaon v. State Auto National, No. 982426. State Auto denied insurance coverage and a defense to its insured following an automobile accident. Bulaon, the plaintiff who obtained a judgment against the insured with regard to the accident, was later granted summary judgment against State Auto for the amount of the judgment, even though the judgment was in excess of State Auto's policy limits. State Auto appeals and claims it was denied the opportunity to present certain defenses.
Grant 5-0

13.    Gary Morgan v. City of Wheeling, No. 982433. The petitioner, a City of Wheeling police officer, challenges a residency requirement set forth in a municipal ordinance.
Grant 3-1
[Starcher, J.]
[Davis, C.J. Disqualified]

14.    State of West Virginia v. Marshall T. Stotler, No. 982434. The petitioner challenges his Morgan County convictions of false swearing. According to the State, the petitioner testified falsely about an alibi defense during a prior magistrate court proceeding upon certain traffic offenses.
Refuse 4-1
[Starcher, J.]