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Requests for Oral Presentation
and
Petitions for Appeal

December 3, 1998

1.    Cory A. Minerd v. United States Fidelity, No. 982664. Plaintiff appeals Order granting summary judgment for the defendant and finding that the plaintiff's motion for declaratory relief should be denied.

REFUSE 3-2
[ Workman, J., Starcher, J.]

2.    Mary Burgess v. Jody Hager, No. 982673. Defendant appeals from judgment order which denied reinstatement of the jury's original verdict on liability and damages. Defendant also appeals from order granting plaintiffs a new trial.

Grant 3-2
[Workman, J., Starcher, J..]

3.    State of West Virginia v. Charlie E. Brown, No. 982676. Defendant appeals conviction of wanton endangerment involving a firearm. Sentenced to 3 years.

Refuse 5-0

4.    Paula Patterson v. Nationwide Insurance Co., No. 982677. Plaintiff appeals the denial of a motion for a new trial in a personal injury action.

Refuse 5-0

5.    Larry J. Hardman v. Vickie L. Smith, No. 982682. Petitioner appeals order regarding child support and arrearages.

Grant 4-0
[ Workman, J. disqualified]

6.    Alcohol Beverage Control Admin. V. Sherry H. Scott, No. 982683. Employee appeals decision of lower court reversing final decision of the W.Va. Education and State Employee's Grievance Board in a lay-off matter pursuant to a reduction-in-force.

Grant 4-0
[ Davis, C.J. DISQUALIFIED]

7.     In Re: Shari Deann Johnson, No. 982688. Petitioner appeals finding that she is a protected person within the meaning of the W.Va. Guardian and Conservator Act.

Refuse 3-2
[Workman, J., Starcher, J.]

8.    State of West Virginia v. Judith Ridley, No. 982692. Defendant seeks to have 60 year sentence for aggravated robbery vacated.

Refuse 4-1
[Starcher, J.]

9.     Bonnie L. Riffle v. John Corbin, Magistrate, No. 982717. Petitioner appeals the denial of her petition in mandamus demanding that the respondent magistrate, sheriff and others, carry out their various duties with regard to a sentence of confinement of a third person to 90 days in jail.

Refuse 5-0

10.    Philip D. Gallery v. WV Secondary School, No. 982686. The petitioners contend that home schooled students should not be prohibited by the WVSSAC from participating in interscholastic sports programs. Their action against the WVSSAC was dismissed by the Circuit Court of Hampshire County.

Grant 3-2
[Davis, C.J., J.Maynard, J.]
[Workman, J. WOULD REINSTATE INJUNCTION]

11.    Lincoln County BOE v. Ollie Hunting, No. 982687. The Board of Education contends that adverse rulings of the circuit court and grievance board should be reconsidered because the Board of Education's former attorney had a conflict of interest.

Refuse 5-0

12.    Charles A. Moats v. Preston Co. Comm., No. 982699. This appeal concerns an involuntary commitment detainee who committed suicide in a bathroom at the jail office of the Preston County Sheriff. The Preston County Commission and Valley Comprehensive Community Mental Health Center, Inc., challenge circuit court rulings, on certified questions, that their liability for the detainee's death is a jury question.

ACCEPT

13.    Charles A. Moats v. Preston Co. Comm., No. 982700. This appeal concerns an involuntary commitment detainee who committed suicide in a bathroom at the jail office of the Preston County Sheriff. The Preston County Commission and Valley Comprehensive Community Mental Health Center, Inc., challenge circuit court rulings, on certified questions, that their liability for the detainee's death is a jury question.

ACCEPT

14.    Ricky L. Helmick v. Henry Yeager., No. 982685. In this appeal from the Court of Braxton County, the petitioner appeals a determination that his property is subject to an easement by necessity.

Refuse 5-0

15.    David E. Sayre v. Jack J. Roop., No. 982701. In this employment action, the circuit court set aside a jury verdict for the employer and awarded a new trial. The employer asks this Court to reinstate the jury verdict.

Grant 4-1
[Starcher, J.]

16.    Priscilla Suan v. Lewis County BOE, No. 982705. In this appeal, the petitioner challenges Level IV grievance and circuit court decisions affirming her termination as a teacher in Lewis County. The termination allegedly resulted from a reduction in force.

Refuse 5-0

17.    Alvin D. Howell v. Hayward Luckey, No. 982714. Following a judgment against the petitioner in a personal injury action, the petitioner brought a separate action against an alleged tortfeasor for contribution. The circuit court granted summary judgment for the alleged tortfeasor, holding that the petitioner's action was barred because the tortfeasor was never joined as a party in the original action.

Grant 3-2
[Starcher, J., Maynard, J.]