Link to original WordPerfect Document here

Requests for Oral Presentation
and
Petitions for Appeal

September 2, 1998

1.    Clay L. Epperly v. Dentiny Industries, No. 981643. Defendant, manufacturer, appeals jury verdict in an action for breach of express and implied warranty.
Refuse 5-0

2.    Tina R. Richmond v. James Ellenbogen, No. 981645. Defendant appeals jury verdict in a sexual harassment case.
Accept

3.    Donevin Ray Perry v. James E. Robinson, No. 981652. Surviving child petitions for appeal in a will contest action.
Refuse 5-0

4.    Durham Enterprises v. Western Sizzlin Corp., No. 981654. Plaintiff appeals entry of summary judgment for the defendants in a commercial dispute involving breach of contract and tort allegations.
Refuse 5-0

5.    Julie K. McCammon v. Bradley R. Oldaker, No. 981005. Defendants request the docketing of three certified questions regarding a medical malpractice countersuit against the attorneys for the plaintiff in the underlying medical malpractice action.
Accept

6.    Gregory A. Criniti v. Sharon E. Jones, No. 981666. Defendant mother appeals order regarding calculation of child support, under-reporting of self-employment income, insurance expense issues, income tax dependancy exemption and attorney's fees.
Refuse 4-1

(Workman, J.)

7.    Judith Yancy, Executrix v. Judith Yancy et al., No. 981667. Defendant, beneficiary, appeals adverse construction of a will with respect to a residuary clause.
Refuse 5-0

8.    SER Billy Dudley v. William Haines, Warden, No. 981623. In this original habeas corpus proceeding, the petitioner, Billy Dudley, contends that his due process rights were violated by the revocation of his parole by the West Virginia Parole Board.    
Refuse 5-0

9.    State of West Virginia v. Toney L. Corey, No. 981626. The petitioner, Toney Lee Corey, was convicted in the Circuit Court of Kanawha County of malicious wounding and was placed upon probation. The petitioner appeals from an order denying post-trial motions and, in addition, denying habeas corpus relief.
Refuse 4-1
(Davis, C.J.)


10.    Bruce Blank v. Ohio Valley Medical, No. 981628. This is a certified question case from the Circuit Court of Ohio County wherein a hospital denied "full podiatric medical staff privileges" to two doctors.
Refuse 4-1
(Starcher, J.)

11.    Glenn L. Rush v. W. D. Lemon, No. 981631. This appeal concerns the time for filing an answer to a complaint following the denial of a defendant's Rule 12 motion to dismiss. The petitioner/plaintiff contends that the answer was not timely filed and that default judgment should have been granted.
Refuse 5-0

12.    William Harmon v. Fayette County Board of Education, No. 981637. This appeal, following grievance proceedings, concerns whether a school attendance director and a school attendance worker are entitled to the $600.00 annual salary experience supplement provided to "classroom teachers" pursuant to W.Va. Code, 18A-4-2(b) [1996].
Grant 5-0
    

13.    State of West Virginia v. Brenda S. Cook, No. 981639. The petitioner, Brenda S. Cook, appeals her jury conviction of murder of the second degree. The petitioner contends she was protecting her husband from a neighbor with regard to a right-of-way dispute.
Accept

    
14.    State of West Virginia v. William J. Harrison, No. 981640. The petitioner appeals his convictions of breaking and entering, grand larceny, kidnapping and murder of the first degree, all related to the death of Jennifer Lee Selman, a Glenville State College student, whose body was found in a coal refuse pond in Braxton County.
Accept

15.    Barbara Walker v. Don Meadows, No. 981595. Defendants present two certified questions concerning the "special relationship" exception to the "public immunity doctrine."
Accept

16.    State of West Virginia v. Carol Price, No. 981599. Defendant appeals her convictions by a jury of grand larceny and petit larceny. Defendant was sentenced to 1 to 10 years on the grand larceny and 1 year in county jail on the petit larceny, with the sentences to run consecutively.
Refuse 5-0

17.    Belinda Morton v. Phyllis Roop, No. 981607. Claimant/widow appeals a summary judgment order awarding her former lawyer attorney's fees ($3,532.68 and costs) in a workers' compensation case.
Refuse 5-0

18.    N. K. Snyder Construction v. Imperial/Sycamore, L.L.C., No. 981609. Defendant appeals an adverse jury verdict enforcing the plaintiff's mechanic's lien and awarding no damages on its counterclaim. Response filed.
Refuse 5-0

19.    Victor Thompson v. Board of Directors, No. 981369. Plaintiff appeals a summary judgment order dismissing his suit against W.V. State arising from his assault on State's campus by a group of students and the assistance provided during the assault by State's Resident Life Director.
Refuse 5-0

20.    Boyers Equipment Co. v. Ariens Company, Inc., No. 981602. Plaintiff appeals a Rule 54(b) summary judgment order dismissing its claims of a breach of implied covenant of good faith and fair dealing and tortious interference with contract against the defendants. Responses filed.
Refuse 3-2
(Starcher, J. and Maynard, J.)

21.    Rhodes v. Putnam County Sheriff's Dept., No. 980048. (Deferred from April 1, 1998). Victim of an escaped inmate appeals a summary judgment order dismissing the civil action against the Putnam County Sheriff's Dept. for damages. Response filed.
Accept

22.    Ashley v. W. Va. Dept. of Public Safety, No. 972008. (Deferred from November 20, 1997). Petitioner appeals a grant of summary judgment maintaining the circuit court erred in failing to interpret WVCode 29-12-5a, which the petitioner asserts eliminates the common law regarding the public duty doctrine. The suit is based on an escapee's murdering Mr. Seamon. Response filed.
Accept