Supreme Court of Appeals of West Virginia

 Gavel.gif (863 bytes)     Motion Docket     Gavel.gif (863 bytes)

June 1, 1999

1.  State of West Virginia v. Allen L. Miller - 983199 - Defendant appeals lower court order committing him to a second indeterminate term not to exceed 2 years in the William Sharpe Hospital. - Refused 4-1, Starcher

2.  Patrick Rundle  & Sandra Rundle v. Cynthia P. Keane, Karen L. Potesta, C& K Associates, and the City of Morgantown - 990136 - The petitioners, Patrick Rundle and Sandra Rundle, appeal from an adverse jury verdict returned in the Circuit Court of Monongalia County.  The jury found that the action, concerning the continuing tort of surface water damage to a commercial building, was not timely filed.- Granted 3-2, Davis & Maynard

3. William F. Allen v. Public Service District of West Virginia & Bell Atlantic - 990942 - No summary available. - Refused 5-0

4.  State of West Virginia v. Fred Salem Zain - 990287 - The State of West Virginia appeals from an order entered in the Circuit Court of Kanawha County dismissing a five count indictment against the respondent.  According to the Circuit Court, neither the State nor a county commission can be the victim of obtaining money by false pretenses under W.Va. Code 61-3-24. - Granted 5-0

5.  State of West Virginia v. Dennis J. Rydbom - 990272 - The petitioner, Dennis J. Rydbom, appeals from an adverse jury verdict in the Circuit Court of Wood County.  The petitioner was convicted of 1st degree murder and sentenced to life, without the possibility of parole. - Refused 5-0

6.  David Means v. Charleston Area Medical Center - 990335 - Defendant appeals the Circuit Court's denial of its motion for summary judgement, both pre- and post-trial, and from the circuit court's granting of plaintiff's motion for additur. - Refused 2-1, Maynard (Starcher & Workman disqualified)

7.  State of West Virginia v. Casey Rygh - 990613 - The petitioner appeals his Logan County convictions of two counts of felony murder and one count of conspiracy to commit aggravated robbery.  The sentences imposed following the convictions included a term of life imprisonment, without the possibility of parole. - Granted 5-0

8.  Chadwick P. Fenton v.  County Commission of Taylor County - 990606 - The petitioner appeals from an order entered in the Circuit Court of Taylor County granting summary judgment in favor of the County Commission.  The petitioner, a jail inmate, instituted the action after having been beaten and stabbed by fellow inmates. - Refused 3-2, Starcher & McGraw

9.  State ex rel. Darrell V. McGraw, Jr., Attorney General v. Combs Services, et al AND Mountain Valley Bank, N.A. - 990654 - Plaintiff appeals from the circuit court's order finding that the plaintiff's statutory lein under W. Va. Code 47-14-11(d) did not have priority over the properly perfected security interest of the intervenor bank. - Granted 3-2, Davis & Maynard