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Requests for Oral Presentation
and
Petitions for Appeal

September 17, 1998

1.    Harold F. McBee v. U.S. Silica Co., No. 981948. This is a deliberate intent action filed pursuant to W.Va. Code, 23-4-2(c) (ii) [1994], wherein employee Harold Frank McBee allegedly fell through a ladder access opening in a catwalk at the employer's premises. McBee appeals from a summary judgment entered in favor of the employer.
Grant 3-2
[Maynard, J., McCuskey, J.]

2.    Tanya L. Lacy v. CSX Transportation, No. 981956. Appealing a jury verdict favorable to CSX in an action involving a collision between a train and a passenger car at a railroad crossing. The petitioners ask this Court to adopt a strict liability standard applicable to a railroad where the railroad is in violation of certain federal regulations.
Grant 3-2
[Maynard, J., McCuskey, J.]

3.    Elaine M. Runner v. Eric Mark Howell, No. 981957. The Child Support Enforcement Division appeals an Agreed Order terminating a father's parental rights and waiving his obligation to pay past, present and future child support.
Grant 3-2
[Starcher, J., Maynard, J.]

4.    In the Matter of v. Dale Preston F., No. 981958. The petitioner, a juvenile, was charged in Marion County with second degree sexual assault and was found guilty of delinquency thereon by a jury. His appeal is based upon Rule 404(b) and the "overzealous nature of the prosecution."
Deferred

5.    Billy Rose v. Braxton County B.O.E., No. 981959. At the grievance level, the petitioner, Billy Rose, was denied instatement into a custodial position at Flatwoods Elementary School. The denial was affirmed by the Circuit Court of Kanawha County. The petitioner appeals, contending that he was unaware of the requirement of a state competency test.
Refuse 3-2
[Davis, C.J., McCuskey, J.]

6.    Raleigh General Hospital v. WV Health Care Authority, No. 981988. This is an appeal from the denial by the West Virginia Health Care Authority of the application of Raleigh General Hospital for a certificate of need to establish an angioplasty and open heart surgery program. The denial was affirmed by the Circuit Court of Raleigh County.
Accept

7.    State of W.Va. v. James L.P., No. 981962. Juvenile seeks to have his transfer from juvenile to adult criminal jurisdiction set aside.
Grant 5-0

8.    Mary H. Hamilton v. Michael Del Giudice, No. 981963. Plaintiffs appeal directed verdict after four days of trial in an attorney malpractice action.
Refuse 5-0

9.    Alice Hoalcraft v. Floyd Snyder, No. 981987. Plaintiff appeals order awarding DHHR $11,748.15, which represents the medical expenses paid to providers on behalf of plaintiff, less one-third attorney's fees.
Accept

10.    James O. Jaggers v. WVHRC/Ravenswood Aluminum, No. 981990. Employee appeals dismissal of his complaint alleging wrongful discrimination and the denial of a promotion.
Refuse 5-0

11.    State of W.Va. v. James W. Berry, Sr., No. 982305. Defendant appeals conviction of abduction (1 to 10), second degree sexual assault (10 to 25 consecutively with abduction) and two counts of third degree sexual assault (1 to 5 concurrently for each).
Accept

12.    State of W.Va. v. James W. Berry, Sr., No. 980834. Defendant appeals conviction as an habitual offender.
Accept


13.    State of W.Va. v. Jeff S. Jones, No. 981994. Defendant appeals conviction of DUI third-offense, driving on a suspended license and obstruction of an officer.
Refuse 5-0