Supreme Court of Appeals of West Virginia

 Gavel3.gif (863 bytes)     Argument Docket     Gavel.gif (863 bytes)

September 16, 1998

1.  West Virginia Highland Conservancy, Inc., et al. v. PSC/Allegheny Energy Sys.., Inc. - 25048 - Continued to October 7, 1998

2. Martha E. Wagner v. Workers' Compensation Division & H. J. Thomas Memorial Hospital - 25051 - The claimant appeals an order denying her any PPD award for her 1/25/93 back injury. Claimant asserts that she is entitled to a 10% PPD award for her 1993 injury. Claimant was awarded 22% PPD for a 1982 back injury

*3. Reba Mitchell, et al. v. Federal Kemper Insurance Co., et al. - 25063 - Plaintiff appeals entry of summary judgment in a personal injury action raising issues of insurance coverage.

*4. Mingo Co. Board of Education v. Jada C. Hunter, et al.   - 24968 - Petitioner, the unsuccessful candidate for a position as principal, appeals the circuit court's decision awarding the position to Ms. Hunter, the intervenor. The circuit court reversed the ALJ's decision finding that the petitioner, as the only qualified applicant who applied when the position was first posted, should have been hired.

5. Orville Arnold, et al. v. United Companies Lending Corp., et al. - 25053 - Petition presents three certified questions from the Lincoln County Circuit Court regarding a loan broker's fiduciary duty, initial determination of enforceability of a compulsory arbitration clause and enforceability of a compulsory arbitration clause.

6. Sheila Stapleton, et al. v. Lincoln County Board of Education, et al. - 25054 - Board appeals an order granting a mandamus requiring the Board to provide planning periods to the respondents within the instructional day, awarding compensation and awarding attorney's fees.

7. Jordache Enterprises, Inc. et al. v. National Union Fire Insurance Co. - 24672 - Individual plaintiff appeals dismissal of a bad faith action against the plaintiff corporation's insurer based on a New York court order finding no coverage.

8. Charleston Urban Renewal Authority v. The Courtland Company - 25015 - No summary available.

9. Laidley Eli McCoy, Director, et al. v. The Travelers Companies, et al. - 25148 - Department of Environmental Protection appeals dismissal of declaratory judgment action centering on liability of an insured oil company to remediate petroleum-related environmental contamination. DEP sought a declaration that the oil company is entitled to insurance coverage under the insurer's policies for defense and indemnity against DEP's claims.

10. Janet Sue Lanham Stevens, et al. v. Paul Douglass Casdorph, Executor of the Estate of Homer Haskell Miller, et al. - 25144 - Plaintiffs appeal the grant of summary judgment to defendants in a will contest action.

11. Marsha Mills, individually and as Admx. of the Estate of Terrance Lee Mills v. Quality Supplier Trucking, Inc. and Roadway Express, Inc. - 25141 - The petition presents two certified questions concerning what substantive law controls in this case's issues of negligent hiring and wrongful death.
1) In a wrongful death action pending in West Virginia against a trucking company principally located in Ohio, which is based upon a claim that the trucking company negligently hired a driver who shot and killed a driver in Maryland, does the substantive law of the State of Ohio, Maryland or West Virginia control the negligent hiring cause of action?
The circuit court found the substantive law of Maryland controls the negligent hiring cause of action.

* These cases will be heard beginning at 11:00 a.m.