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Supreme Court of Appeals of West Virginia
Miscellaneous Motions Conference

Thursday, September 17, 1998

1. The Honorable Irene M. Keeley, Northern District of West Virginia
Grant 5-0 		Certification Order in Bower et al. V. Westinghouse Electric Corporation, et al., Civil Action No. 1:97-CV- 179, certifying the following question of law:
     In a case of negligent infliction of emotional distress absent physical injury, may a party assert a claim for expenses related to future medical monitoring necessitated solely by the fear of contracting a disease from exposure to toxic chemicals?
2. Melissa M. Robinson
No. 982167
Refuse 5-0 		Motion to Dismiss Petition for Appeal in Fink v. WCD/K- Mart Corporation, No. 982167. The motion alleges that the petition was not filed with 30 days of the decision of the Appeal Board.
3. Michael G. Sullivan
No. 982420
Refuse 3-2
[Davis, C.J. and Starcher, J.) 		Petition for Writ of Prohibition in SER Doe v. Kirkpatrick, et al., No. 982420. The petition maintains that the respondent abused his discretion in imposing sanctions when no court order was violated by the petitioners' failure to produce an out-of-state witness. Responses filed.
4. Kelly Elswick
No. 25332
Grant 5-0 		Motion to Supplement Petition for Appeal in Westfall v. City of Dunbar, No. 25332.
5. Walter M. Jones, III
No. 982460
Refuse 5-0
NO ORDER PER SER ALLSTATE INSURANCE V. GAUGHAN, NO. 24510, 7/15/98. 		Petition for Writ of Prohibition in SER Allstate Insurance Co. v. Risovich, No. 982460. The petition maintains that the respondent exceeded his authority in ordering the production of certain attorney-client privileged communications and documents containing attorney work product.
5a. Walter M. Jones, III
No. 982460
Refuse 5-0 		Motion for Stay pending resolution of a Petition for Writ of Prohibition in SER Allstate Insurance Co. v. Risovich, No. 982460. See Number 5.
6. Charles E. Anderson
No.982466
Refuse 5-0 		Petition for Writ of Prohibition in SER Talkington et al. v. Fox, et al., No. 982466. The petition asserts that the respondent lacks jurisdiction in the underlying case based on a Rule 41(b) dismissal of an identical case filed in 1990.
7. G. Kenneth Robertson
No. 982472
Refuse 5-0 		Motion for Permission to File an Appendix in Excess of 75 pages in SER The Babcock & Wilcox Co. v. Madden, No.982472. See 7a.
7a. G. Kenneth Robertson
No. 982472
Refuse 5-0 		Petition for Writ of Mandamus in SER The Babcock & Wilcox Co. v. Madden, No.982472. The petition asserts that the respondent erred in denying the petitioner's motion for summary judgment, in granting partial summary judgment to the defendants below, in refusing to disqualify an expert witness and/or in failing to certify the issues for review by this Court.
8. Lonnie C. Simmons
No. 980803
Refuse 4-1
[Starcher, J.] 		Motion for Reapplication of Petition for Appeal in Thomas v. City of Parkersburg Police Department, et al. No. 980803. Thomas was on the 9/8/98 motion docket and was refused on 9/9/98 3-2 (W/S). Response filed.
9. Mary McQuain
No. 25136
Grant 5-0 		Motion for Leave to Supplement to Record in SER Frazier, et al. v. Hrko, et al., No. 25136, submitted 9/8/98.
10. Gregory A. Morgan
No. 25143
Refuse 5-0 		Joint Motion to Reschedule Oral Argument in City of Clarksburg v. Grandeotto, et al., No. 25143, from 11/10/98 to 11/12/98.
11. Tina Jones
RULE TO SHOW CAUSE TO ISSUE AGAINST COURT REPORTER RETURNABLE 11/10/98. PARTIES HAVE AN ADDITIONAL 30 DAYS AFTER RECEIPT OF TRANSCRIPT TO FILE APPEAL.
Motion to Extend Petition Deadline in Charleston Area Medical Center, Inc. v. Means, Civil Action No. 95-C- 3860. The motion asserts that the transcript has not been prepared and seeks an extension of 45 days after receipt of the transcript.
12. Edwin H. Pancake
No.981205
Grant 5-0 		Motion for Leave to File Amended Petition for Appeal in Neal v. WCD/Robinson & McElwee, No. 981205. The motion asserts that medical evidence was mistakenly omitted.
13.. Carl J. Roncaglione
No. 982482
REFUSE WITHOUT PREJUDICE 5-0 		Petition for Preliminary and Permanent Injunction and Writ of Mandamus in SER Alvarez Contractors, Inc. v. Markus, et al., No. 982482. The petition asserts that the respondents failed to abide by competitive bidding and other laws regarding Purchase Order No. DNR 2940 concerning lake dredging and dam modifications at the Watoga State Park.
13a. Carl J. Roncaglione
No. 982482
Refuse 5-0 		Motion to Exceed 75 Pages in the Appendix in SER Alvarez Contractors, Inc. v. Markus, et al., No. 982482. See 13.
14. Carl J. Roncaglione
No. 982483
REFUSE WITHOUT PREJUDICE 5-0 		Petition for Preliminary and Permanent Injunction and Writ of Mandamus in SER Carpenter Reclamation, Inc. v. Markus, et al., No. 982483. The petition asserts that the respondents failed to abide by competitive bidding and other laws regarding Purchase Order No. DNR 2939 concerning all labor and materials for lake dredging at Kanawha State Forest.
14a. Carl J. Roncaglione
No. 982483
Refuse 5-0 		Motion to Exceed 75 Pages in the Appendix in SER Carpenter Reclamation, Inc. v. Markus, et al., No. 982483. See 14.
15. Carl J. Roncaglione
Nos. 982482 and 982483
Refuse 5-0 		Motion to Consolidate SER Alvarez Contractors, Inc. v. Markus, et al., No. 982482 and SER Carpenter Reclamation, Inc. v. Markus, et al., No. 982483. The motion asserts that the cases contain common questions of law and fact.