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Requests for Oral Presentation
and
Petitions for Appeal

December 15, 1998

1.    State of W.Va. v. Millard O. Mann, No. 982532. Defendant appeals conviction of aggravated robbery. He was sentenced to 30 years.
Grant 2-2
[Davis, C. J., Workman, J.]
[Maynard, J. Disqualified]

2.    Tammy E. Stuck v. George L. Hissom, No. 981633. Plaintiffs appeal jury verdict finding of no causation between the motor vehicle accident and the injuries of the plaintiffs.
Refuse 3-2
[Starcher, J., McGraw, J.]

3.    MBNA America Bank v. Josephine Guido, No. 981352. Debtor appeals entry of summary judgment in favor of creditor.
Grant 3-2
[Davis, C. J., Maynard, J.]

4.    State of W.Va. v. Charles B. Guthrie, No. 982795. Defendant appeals conviction of sexual assault of a spouse. He was sentenced to 2 to 20 years.
Grant 4-1
[Maynard, J.]

5.    Michael Palma v. Gary Patterson, No. 982796. Plaintiff appeals entry of order granting a motion to dismiss in an action alleging breach of confidential relationship, the intentional infliction of emotional distress, fraud and deceit and criminal conversation.
Refuse 5-0

6.     WV Division Of Highways v. Jack Butler, No. 982800. This is an eminent domain proceeding. The condemnee seeks to have the judgment of the lower court as to damages reversed and remanded for a new trial.
Grant 5-0

7.    Edith Irene Wood v. William Barton, M.D., No. 982807. Plaintiff appeals dismissal on summary judgment of a medical malpractice claim which the lower court found was barred by the two year statute of limitations.
Grant 3-2
[Davis, C. J., Maynard, J.]

8.    City of Charleston v. Board of Review, No. 982806. This is a petition for Writ of Certiorari pursuant to W.Va. Code § 21A-7-27. Employee seeks unemployment compensation benefits following termination.
Grant 5-0

9.    Harold G. Cogar v. Russell G. Lester, No. 982816. The defendant petitioner challenges a ruling of the Circuit Court of Kanawha County which determined that a damage award returned by the jury was inadequate.
Refuse 5-0

10.    State of W.Va. v. Michael K. Forsch, No. 982830. The petitioner challenges his conviction in the Circuit Court of Ohio County of 3rd offense driving under the influence of alcohol.
Refuse 5-0

11.    Michele L. Walters v. Cabell-Huntington, No. 982861. Cabell- Huntington Hospital appeals from an adverse jury verdict in a medical malpractice action. In a separate petition, Cabell-Huntington raises an issue concerning the method of reducing the judgment following a post-trial settlement between the plaintiff and the two defendant physicians.
Refuse 5-0

12.     Michele L. Walters v. Cabell-Huntington, No. 982862. Cabell- Huntington Hospital appeals from an adverse jury verdict in a medical malpractice action. In a separate petition, Cabell-Huntington raises an issue concerning the method of reducing the judgment following a post-trial settlement between the plaintiff and the two defendant physicians.
Accept

13.    John B. Rader v. WVHRC/James Brown, No. 982781. The Division of Natural Resources appeals from an order of the Human Rights Commission requiring the DNR to issue a Class Q hunting and fishing license to a partial paraplegic applicant.
Refuse 5-0

14.    Mary B. Stewart v. Bridget Stevens, No. 982798. The plaintiff, who was injured in a fall caused by the defendant's dog, contends that the circuit court erred in ruling that the strict liability imposed upon dog owners, pursuant to W.Va. Code, 19-20-13 [1951], did not apply.
Refuse 5-0

15.    Beulah B. Wooten v. Darryl J. Roberts, No. 982869. The petitioner challenges an order of the circuit court directing verdicts in favor of the defendants based upon the statute of limitations.
Accept