Tuesday, April 11, 2000

1.  State of West Virginia v. Clarence E. Boyd - 992819 - Defendant appeals from the circuit court's denial of his post-trial motion to dismiss.  He requests that his conviction for possession of a Schedule 1 controlled substance (marijuana) be set aside. - Granted 3-2, Maynard & Davis

2. Walls Sanitation, Inc. v. PSC of West Virginia and Jim L. Shisler, dba D & J Sanitation -  000110 - No summary available. - Refused 5-0

3.  State of West Virginia v. Eric Kenneth Wykle  - 993342 -    Petitioner appeals from his conviction of unlawful wounding. He was sentenced to an indeterminate term of not less than one nor more than five years, which sentence was suspended and defendant was placed on probation for a period of 18 months. Defendant was also ordered to serve 120 days in the South Central Regional Jail. - Granted 4-1, Davis

4. The Coastal Corp. v. Bean, Roebuck, Hall, et al. , Allen Taylor and Robert Joliff AND Mark Epler v. Allen Taylor and Robert Joliff - 993018  -  Petitioner-defendants, Allen Taylor and Robert Joliff, appeal from an order entered in the Circuit Court of Wood County finding them jointly and severally liable, along with Bean, Roebuck, Hall & Associates, for certain debts associated with the development of a leasehold interest. Specifically, the Circuit Court concluded that the petitioners were general partners in a joint venture with Bean, Roebuck, Hall & Assoc. and were, therefore, liable for the debts incurred by Bean, Roebuck, Hall & Assoc..  The petitioners contend, however, that they were "passive investors only" and were, thus, not liable. - Refused 3-2, Davis & Starcher

5. Pamela S. Pleasants, as Admx. of the Estate of Jennifer Lynn Pleasants v. Alliance Corporation  - 993456 -  Plaintiff appeals from jury's verdict rendered in favor of defendants in this medical malpractice action involving the death of a 15-year old girl.- Grant 4-1, Scott

6.  Crystal Kay Brady, Adm. of the Estate of Joseph Matthew Payne v. Deals on Wheels, Inc., et al. -  000019 -   Plaintiff appeals from the circuit court's award of summary judgment in favor of defendants.  ISSUE: Whether the circuit court erred in refusing to recognize that Rule 406 of the West Virginia Rules of Evidence could be used to establish proximate cause between the death of plaintiff's decedent and the defective brakes on the automobile that decedent had acquired from the defendants? -  Granted 3-2, Maynard & Davis

7.  Stephen Kubiczky v. Wesbanco Bank Wheeling, Exex. of the Estate of Dick Harmath, Anna Harmath Kovacs and Helen Harmath Laitos  -  000086 - The petitioner, Stephen Kubiczky, appeals from a judgment entered in the Circuit Court of Ohio County in favor of respondents Anna Harmath Kovacs and Helen Harmath Laitos. The two respondents are sisters and, along with a third sister, were beneficiaries under the residuary clause of a will. The third sister predeceased the testator. The petitioner, as the sole descendant of the third sister, contends that the Circuit Court erred in not allowing him a 1/3 share of the residuary estate. - Granted 4-1, McGraw

8.  Lewis R. Jackson,  Adm. of  the Estate of Naomi Elizabeth Jackson v. Charles Town Memorial Hospital, dba Jefferson Memorial Hospital - 000078 - Defendant hospital appeals from the jury verdict rendered in favor of plaintiff in this medical malpractice action. - Refused 3-2, Maynard & Scott