Supreme Court of Appeals of West Virginia

      Argument Docket    

March 9, 1999
(Updated 3/8/99)

1. In the Matter of: Helen McCormick, Magistrate - 23971 - Magistrate McCormick was charged with violating the "on call" procedure on three occasions.  The Judicial Hearing Board recommends dismissal. - To be submitted on briefs.

2.  One Valley Bank, NA, Trustee, v. Mark A. Hunt, Exe. - 25428 - Petitioner, Mark A. Hunt, Executor, appeals the order of Kanawha County Circuit Court holding that the last will and testament of Paul Wright had not effectively revoked or terminated a pre-existing revocable trust. 

3.  William Joseph Calabrese, et al. v. The City of Charleston - 25430 - In this certified question case, the City of Charleston asserts immunity under the West Virginia Tort Reform Act from an action alleging negligence in the maintenance of a sewer line and storm drain.  The Circuit Curt of Kanawha County ruled that the City had no immunity in this action. 

* 4.  The Arnold Agency v. West Virginia State Lottery Commission - 25405 - The petitioner, The Arnold Agency, sought damages from the Lottery Commission for fraud and breach of contract relating to the awarding of a 1991-1992 advertising contract.  The Circuit Court of Kanawha County granted summary judgments for the Lottery Commission, and the petitioner appeals. 

5. Dave Tucker, Sheriff v. West Virginia Department of Corrections - 25440 - Petitioner appeals a grant of summary judgment maintaining the circuit court erred in failing to interpret WV Code 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.

6. George W. Rhodes, Jr. and Carol D. Rhodes v. Putnam County Sheriff's Dept. and Jamie Eggleston  - 25435 - Victim of an escaped inmate appeals a summary judgment order dismissing the civil action against the Putnam County Sheriff's Dept. for damages.

7. John D. Lowe, Jr., et al. v. Ralph D. Albertazzie, et al. - 25445 - Bankruptcy action presenting certified question from U.S. District Court for Northern District of West Virginia concerning doctrine of "subsurety."

8. Estate of Janet Leigh Hough by and through its personal representative James "Bucky" Lemaster v. Estate of William Hough by and through its personal representative, the Berkeley County Sheriff and John B. Myrick - 25145 - Plaintiff appeals the dismissal of a wrongful death suit against Myrick, the landlord, on a premises liability theory and the estate of the decedent's husband. The suit was dismissed under Rule 4(1), WVRCP and for failure to state a claim upon which relief may be granted.

9. Stanley Gene Mitchell v. Anne Marie Mitchell - 25421 - Defendant appeals from lower court order in a divorce action. Continued until June 1, 1999.

10. Diana Wade, et al. v. K.M. Chengappa, M.D., Donald Blum, M.D., and Wetzel County Hospital Association - 24636 - Plaintiff appeals a $25,000 verdict in a medical malpractice action.

11. WV Mandatory Continuing Legal Education Comm. v.   Michael C. Allen, et al. - 25537 - Petition for suspension of law license based on failure to comply with MCLE rules. - To be submitted on briefs.

12. State ex rel. Ronald Keith Fields v. Hon. Herman G. Canady, Jr., Judge, et al. - 25797 - Petitioner seeks a writ of mandamus compelling Judge Canady to rule on his habeas corpus petition which has been pending for 21 months. - Dismissed 

* 13.  State ex rel. Carolyn Shrewsberry, et al. v. Hon. John S. Hrko, Judge, et al. - 25806 - Petition for Writ of Prohibition in SER Carolyn Shrewsberry v. Hrko, et al.  The petition asserts that the circuit court should be prohibited from affirming the Wyoming County Commission's appointment of Bobbie J. Shrewsberry as that administratrix of the estate of Eddie Dean Shrewsberry because of her prior appointment by the Raleigh County Commission.

14.  State ex rel. Robin Ladd v. Hon. Charles E. McCarty, Judge, et al. - 25821 - Dismiss, Improvidently Granted.

* These cases are to be presented out of order beginning at 2:00 p.m.