Supreme Court of Appeals of West Virginia

 Gavel3.gif (863 bytes)     Motion Docket     picture of Gavel

October 7, 1998

1. State ex rel. John R. Byrne v. Gene Darlington, Magistrate and Hon. Christopher Wilkes, Judge - 980286 - Defendant appeals refusal of Petition for Writ of Prohibition and/or Mandamus regarding discovery in a first offense DUI action pending in magistrate court.  Refused 4-1, Starcher

2. State ex rel. Robert D. Frazier v. Magistrate Emily J. Bradley - 980713 - Defendant seeks pretrial discovery in misdemeanor case pending in magistrate court.  Whether the lower court erred in finding that magistrates are without authority to require pretrial discovery in misdemeanor cases pending in magistrate court.  Refused 4-1, Starcher

3. Barbara Walker and Teressa Dell Walker v. Don Meadows, Sheriff and the Mercer County Commission -
981595 - Defendants present two certified questions concerning the "special relationship" exception to the "public immunity doctrine." [1] Whether the "special relationship" exception to the "public immunity doctrine" extends beyond the assertion of immunity under WV Code 29-12A-5 (a) (5) [1986], involving the "failure to provide, or the method of providing, police, law enforcement or fire protection, " and can be applied as an exception to immunity under WV Code 29-12A-5(a)(3) [1986], involving "execution or enforcement of lawful orders of any court?"  The court answered this question in the affirmative.
[2] Whether a "special relationship" can be established under Syl. Pt. 2 of Wolfe v. City of Wheeling, 182 W. Va. 253,
387 S.E.2d 307 (1989), and its progeny, which requires "(1) an assumption by the local governmental entity, through promises or actions, of affirmative duty to act on behalf of the party who was injured; (2) knowledge on the part of the local governmental entity's agents that inaction could lead to harm; (3) some form of direct contact between the local governmental entity's agents and the injured party; and (4) that party's justifiable reliance on the local governmental entity's affirmative undertaking "where (a) there was no contact between the local governmental entity's agents and the injured party, but there was contact between the local governmental entity's agents and the injured party's parents; (b) where there was no reliance by the injured party on the local governmental entity's affirmative undertaking, but there was asserted reliance by the injured party's family on the local governmental entity's affirmative undertaking; and (c) where the injured party was the subject of an outstanding involuntary commitment order at the time of the contacts between the local governmental entity and the injured party's family?  The court answered this question in the affirmative.  Granted 3-2, Starcher & McCuskey

4. State of West Virginia v. Brenda S. Cook - 981639 - The petitioner, Brenda S. Cook, appeals her jury conviction of murder of the second degree.   The petitioner contends she was protecting her husband from a neighbor with regard to a right-of-way dispute. Further Review

5. Alice Hoalcraft v. Floyd Snyder - 981987 - Plaintiff appeals order awarding DHHR $11,748.15, which represents the medical expenses paid to providers on behalf of plaintiff, less one-third attorney's fees. Further Review

6. Marjorie Minear v. Fred VanKirk, Acting Director, WV Division of Highways - 982005 - This is an appeal from the granting by the circuit court of a motion to enforce a settlement.  The petitioner, Marjorie Minear, contends that the settlement was contingent upon her ability to pursue a personal injury claim in the Court of Claims.  The circuit court enforced the settlement, however, even though the petitioner's claim before the Court of Claims was dismissed. Refused 3-2, Starcher & McCuskey