SUPREME COURT OF APPEALS OF WEST VIRGINIA

January 1998 Regular Term

Argument Docket

Tuesday, June 9, 1998

1. Kathy J. Merritt v. Melissa Dawn Lawrence - 24899 - Dismissed

2. James Leland Rader, et al. v. American Assoc. of Christian Schools, et al. - 24893 - Parties in a federal case seek answers to two certified questions regarding W. Va. Code Section 23-2-1(a): 1) Under the law of W. Va. as it existed in 1994, was a partnership that did not employ anyone other than the members of the partnership, an employer within the meaning to the W. Va. Code, such that the partnership was required by W. Va. law to furnish contributions to the workers' compensation fund on behalf of the members of the partnership?
2) If a partnership that did not employ anyone other than the members of the partnership was an employer within the meaning of the Code, but did not furnish the required contributions to the workers' compensation fund and did not elect not to include the members of the partnership as employees pursuant to Section 23-2-1(g)(2), (h), was a member of the partnership entitled to receive workers' compensation benefits pursuant to Section 23-2-5(g)?

3. Pamela L. Nelson v. Allstate Indemnity Co. - 24139 - Defendant uninsured motorist carrier appeals judgment for plaintiff in an action to determine coverage for the death of plaintiff insured's son in an auto accident.

4. State of West Virginia v. Jacob W. Beard - 24644 - Defendant appeals the lower court's denial of the motion to dismiss the indictment and the motion to set aside a conviction by virtue of the asserted violation of the use immunity agreement.

5. Albert Cable, et al. v. Tennis Hatfield, Circuit Clerk - 24479 - Petitioner appeal denial of mandamus relief below. Petitioners attempted to file an action against Respondent Coal Co. Respondent Circuit Clerk refused to file the suit on the ground that "Judge Maynard does not allow multiple plaintiffs". The complaint was returned to Petitioners' counsel after the SOL had run.

6.Randall Conrad, et al. v. Charles Town Races, Inc. - 24739 - Former employees of the Charles Town Races appeal the dismissal of their suit to recover damages under the W. V. Wage Payment and Collection Act (WV Code 21-5-4) based on a payment made to the employees pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. sec. 2101 et seq.)

7. Joe D. Butts v. Royal Vendors, Inc. and Eric Ingersoll - 24743 - Insured appeals a declaratory judgment in favor of the insurance company, finding that the insurance company had no duty to defend or indemnify the insured in a suit for wrongful discharge, which alleged giving false information to a doctor.

8. Kings Daughters Housing, Inc. v. James H. Paige, State Tax Commissioner - 24966 - State tax commissioner appeals ruling of the lower court that section eight rent subsidies paid to the taxpayer by the United States Department of Housing and Urban Development are grants within the plain and ordinary meaning of the term as it is used in W.Va.Code 11-15-9(f)(3) such that there is an exemption from state sales tax.

9. Louise V. Hall v. Holiday Inn Gateway - 24977 - Dismissed

10. Connie Dolen v. St. Mary's Hospital of Huntington, Inc., et al. - 24978 - Plaintiff appeals from an award of summary judgment in a medical malpractice action.

11. In the Matter of: Danny Binkoski, Magistrate - 25042 - Dismissed

12. In Re: Harley C. - 25160 - No summary available.

13.Lawyer Disciplinary Board v. Eugene M. Simmons - 23431 - Simmons seeks a hearing on the Board's refusal to reinstate his law license.

14. Office of Lawyer Disciplinary Counsel v. Randall W. Galford - 23930 - Office of Disciplinary Counsel seeks the following disciplinary action against Randalll Galford for violating Rule 8.4(b) of the Rules of Professional Conduct:
1) One-year suspension 2) One-year supervised practice following reinstatement 3) Continued counseling, remain drug and alcohol free 4) Reimburse Board for costs and expenses. Galford does not object to recommendation. He requests that the suspension begin after May 1, 1998, so that his clients will have time to find other counsel.

15. Pendleton Citizens for Community Schools, et al. v. Pendleton Co. Board of Education - 25138 - Board of Education appeals an order finding the funding mechanism for the WV School Building Authority unconstitutional and reversing the Board's decision to close two high schools and construct a county wide high school.
Pendleton Citizens for Community Schools, et al. v. Henry Marockie, et al. - 25139 - State defendants appeal an order finding the funding mechanism for the WV School Building Authority unconstitutional and reversing the Board's decision to close two high schools and construct a county wide high school.