Tuesday, April 11, 2000

1. Walter Alan Lively, et al. v. Robert J. Rufus, et al. -  26651 - Plaintiffs appeal from a jury verdict in an accounting malpractice and fraud case involving allegations that defendant certified public accountant took over his client's business without permission, negligently mismanaged the business that they had personally guaranteed.  The jury, answering a single question regarding the net equity value of the business, entered a defense verdict. 

2. State of W. Va. v. Steven Alen Nett -  26963 - Defendant appeals his felony conviction of DUI third offense for which he received a sentence of 1-3 years. Nett claims that the court erred in denying his motion to strike two jurors for cause, forcing him to use peremptory strikes to remove biased jurors. - Submitted on Briefs 

3. Stamatia C. Zelenka, Exex. v. City of Weirton, et al.  - 26900 - This is a petition for the certification of two questions arising out of litigation in a deliberate intent/wrongful death action. Questions certified: 1. Are the death benefits available pursuant to W.Va. Code §§23-4-3, 23-4-4(a) and 23-4-10(a) a grossly inadequate and patently unfair Worker's Compensation remedy for a work-related death when the only benefit paid is the statutory payment of a funeral bill in the amount of $3,500[$5,000]? The trial court answered this question in the affirmative. 2. Does W.Va. Code §29-12A-5(a)(11) grant immunity to a political subdivision in a wrongful death case where the claim is covered by Worker's Compensation, but the only recoverable death benefits are available pursuant to W.Va. Code §§23-4-3, 23-4-4(a) and 23-4-10(a) which benefits amounted to $3,500 [$5,000]? The trial court answered this question in the affirmative.

4. David C. Saunders v. Tri-State Block Corp., et al. -  26853  - Respondents (Tri-State Block Corp., and Glen Straub, individually), appeal Judge Recht's order granting summary judgment to the Plaintiff (David C. Saunders) in the form of back wages ($11,023.21) liquidated damages (30 days = $4,093.50), pre-judgment interest (effective 1/7/99) of $2,801.11, and attorney's fees ($10,347.94). 

5. SER Earl Puffenburger v. Paul W. Kirby, Comm’r, et al.  - 27308 - Original Jurisdiction petition for a Writ of Mandamus seeking to compel the transfer of inmates sentenced to Division of Corrections facilities from county and regional jail facilities into the appropriate Division of Corrections facilities. - Submitted on Briefs 

6. SER Eric Robinson v. Paul W. Kirby, Comm’r, et al. -  27309 - No summary available. - Submitted on Briefs 

7. Office of Disciplinary Counsel v. Donald L. Pitts -  27264 - This is an extraordinary proceeding filed by the Office of Disciplinary Counsel alleging that, due to a medical disability, "Respondent's inability to pursue his pending cases constitutues a substantial threat of irreperable harm to his clients[.]" Pursuant to Rule 3.27(b), ODC requests indefinite suspension and appointment of persons to protect client interests. [ODC further requests that a pending case be held in abeyance.  - Submitted on Briefs 

*8. SER Tod J. Kaufman, Judge v. Hon. Paul Zakaib, Judge, et al. -  27327 - No summary available.

9. SER Steven D. Canterbury, Ex. Dir., RG&CFA v. Mineral County Commission, et al. -  27328 - Canterbury, in his position as Executive Director of the West Virginia Regional Jail and Correctional Facility Authority, files this original jurisdiction Petition for a Writ of Mandamus, seeking to compel the Mineral County Commission, et al. to comply with W.Va. Code§31-20-10 and transfer all Mineral County Jail inmates to the new Potomac Highlands Regional Jail.

10. SER Norfolk & Western Railway Co. v. Angela Robinson, Court Reporter  - 27329 - No summary available. - Submitted on Briefs 

11. SER Brenda Bolden v. Hon. David M. Pancake, Judge, et al. -  27439 - Bolden petitions for a Writ of Prohibition seeking to prevent the Honorable David M. Pancake from denying Bolden's motion to dismiss in the underlying personal injury auto accident claim. Bolden asserts that dismissal cannot be denied because the complaint was not served on Bolden within 120 days of filing the complaint

12. SER David Adkins v. Hon. Eric H. O’Briant, Judge, et al. -  27440 -  No summary available. -  Dismissed

13. Office of Lawyer Disciplinary Counsel v. Harry W. Moore, Jr. -  27052 - After conducting an investigation, ODC filed a petition pursuant to Rule 3.27(b) of the Rules of Lawyer Disciplinary Procedure alleging that the respondent attorney poses a substantial threat of irreparable harm to the public due to his use of alcohol and/or drugs. Respondent has previously worked with the State Bar's Committee on Assistance and Intervention, attended an alcohol treatment program, and returned to active practice in Marshall County. On December 27, 1999, respondent failed to appear before the Honorable Arthur M. Recht for a jury trial in which respondent was privately retained. Judge Recht has issued a Rule to Show Cause in civil contempt, returnable January 21, 2000. Respondent has also failed to appear in various proceedings in six cases before the Honorable Mark A. Karl, despite the fact that, on one occasion, Judge Karl issued a summons for his appearance. - Dismissed

* This case will be heard at 2:00 p.mI