Supreme Court of Appeals of West Virginia

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September 8, 1998

1. Marvin John Thomas v. City of Parkersburg Police Department, and National Union Fire Insurance Co. of Pittsburgh, PA. - 980803 - Plaintiff appeals grant of summary judgment in a State Constitutional tort action. Refused 3-2, Workman & Starcher

2. C & H Company v. PSC of West Virginia - 981282 - Petitioner appeals PSC order granting a competing certificate of convenience and necessity to operate as a common carrier transporting passengers in Kanawha County. Refused 4-1, Workman

3. I-79 Mobile Home Sales, Inc., dba Wilderness Plantation Limousine v. PSC of West Virginia - 981296 - Petitioner appeals PSC order granting a certificate to operate as a common carrier by a motor vehicle to a competing limousine service. Refused 4-1, McCuskey

4. Eric Calvin and Esther M. Cecil v. Consolidation Coal Co., et al. - 980294 - Employer appeals a jury verdict in a "deliberate intent" employee injury case and the circuit court's denial of its post trial motions.  Refused 4-1, Starcher

5. Kay K. Meadows v. Wal-Mart Stores, Inc. - 980382 - Plaintiff appeals from entry of summary judgment for defendant in a Wage Payment and Collection Act matter. Granted 5-0

6. State of West Virginia v. Joseph Wayne Shipman, Jr. - 980396 - Defendant appeals conditional plea to felony possession with intent to deliver a controlled substance and two misdemeanor possession counts. Prompt resentment issue raised. Refused 3-2, Davis & Starcher

7. Kenneth J. Cassell v. Top of the World Condominium at Snowshoe, Unit Owners Association, Inc. - 980379 - Defendant appeals from denial of a motion under Rule 60 to set aside default judgment. Refused 5-0

8. Beverly Judy and Karen Austin v. Sheetz Corporation - 981301 - Plaintiffs, former employees of Sheetz, appeal the circuit court's decision finding that the West Virginia Wage Payment and Collection Act does not require payment for accrued (1) vacation days and (2) personal leave days upon separation from employment. Granted 5-0

9. Christine Remsberg, Sandra Sakl, Pattie Bostic and Michelle Harrison v. Kmart Corporation - 981007 - Plaintiffs, former employees of Kmart, appeal the circuit court's decision finding that the West Virginia Wage Payment and Collection Act does not require "accrual" of fringe benefits, such as a vacation benefit. Granted 5-0

10. Elizabeth Besaw Hutzler and Contessa Besaw Vanorsdale v. Easton Molding Corp. - 981174 - Employees appeal a circuit court's decision finding that the West Virginia Wage Payment and Collection Act does not require the payment of vacation when an employee is laid off. Granted 5-0

11. Lucille Robertson and Kelly Gloeckler v. Opequon Motors, Inc. and Ellen Parsons - 980646 - Employer appeals a decision finding liability under the West Virginia Wage Payment and Collection Act. A directed verdict was granted to the employees on three counts, and the jury returned a verdict for the employees on two counts.Granted 4-1, Starcher

12. H. Vance Stewart v. Waco Equipment Co., dba Waco Scaffolding & Equipment - 981157 - Employer appeals a circuit court's decision finding that the West Virginia Wage Payment and Collection Act requires the payment of accrued sick days when an employee is laid off. Employee was awarded $7,642.56 for accrued sick leave and $6,033.60 for liquidated damages, reasonable attorney fees, interest and costs. Granted 5-0