Supreme Court of Appeals of West Virginia

      Argument Docket    

Tuesday, April 18, 2000

1. Robert L. Boggess v. WCD/Union Carbide Corporation -  27056 - Petitioners appeal orders of the Occupational Pneumoconiosis Board. 1) These cases present the issue of the use of the Kory predicted normal values in determining whether or not claimants have any breathing impairment from the inhalation of dust. Claimants assert that because the Kory analysis used smokers with decreased lung functions as a benchmark, the Kory standard creates lower predicted normal values and thereby lowers any permanent partial disability awards for breathing
impairment caused from inhaling dust. 

Robert L. Payne v. WCD/Affiliated Transport, Inc., et al. -  27057 - Petitioners appeal orders of the Occupational Pneumoconiosis Board. 1) These cases present the issue of the use of the Kory predicted normal values in determining whether or not claimants have any breathing impairment from the inhalation of dust. Claimants assert that because the Kory analysis used smokers with decreased lung functions as a benchmark, the Kory standard creates lower predicted normal values and thereby lowers any permanent partial disability awards for breathing
impairment caused from inhaling dust. 

2. Ira Timothy Stone v. St. Joseph’s Hospital of Parkersburg, et al. - 26962 - Defendants appeal from a jury verdict in this action brought under the West Virginia Human Right's Act wherein the jury awarded plaintiff $2,125.44 on his disability claim and the circuit court awarded plaintiff's attorney's fees and costs in the amount of $35,886.13.  Defendants ask this Court to either find as a matter of law that the evidence was insufficient to support the jury verdict and enter judgment in favor of defendants or, in the alternative, reverse and remand for a new trial. -   Continued to May 3, 2000.

3. SER WVDH&HR, BCSE and Virginia Ann Stump v. Robert Lee Gibson -  26903 - Petitioner appeals from the circuit court's order finding that petitioner was the father of the infant child, assessing current and reimbursement child support against him, as well as birth and paternity blood testing expenses. - Submitted on Briefs.

4. Susan Ann Stout v. Vernon L. Stout  - 26905 - The petitioner, Vernon Stout, appeals from an order entered in the Circuit Court of Wood County finding him in contempt for failure to pay child support.  The Circuit Court determined the arrearage to be $103,513.75.  The petitioner contends that the Circuit Court committed error in not recognizing various child support orders entered in the State of Indiana.  The petitioner asserts that, pursuant to the Indiana orders, the arrearage would be substantially lower.  

5. State of W. Va. v. Donald McIntosh - 26849 - Defendant appeals conviction on three counts of third degree sexual assault.  Defendant was sentenced to 1 to 15 years on each count all to run concurrently.  

6. Steven M. Roberts, et al. v. Consolidation Coal Co., et al.  - 26850 - This appeal by the petitioner, Steven M. Roberts, arises from a jury verdict returned in the Circuit Court of Monongalia County wherein the respondent, Consolidation Coal Company, was found 51% at fault and the petitioner 49% at fault in a deliberate intent action concerning a mining accident.  As a result of various offsets, the petitioner was left with zero recovery from the trial. 

7. SER Coleen Roath v. Maj. Gen Otis Cox, Secretary, et al. - 26911 - Roath appeals the circuit court denial of her petition for a Writ of Mandamus/Habeas Corpus, seeking relief from her continued detainer at the Central Regional Jail/Correctional Facility in Braxton County, W.Va. Roath also asserts that this Court has original jurisdiction to hear her claim that pursuant to W.Va. Code §62-13-5, the Division of Corrections is under a mandatory , nondiscretionary duty to place prisoners that are sentenced to Division of Corrections penal facilities into said facilities and out of county or regional jail facilities without delay. -  Submitted on Briefs.

8. Stephanie Barthelemy, et al. v. WV Div. of Corrections/Pruntytown Correctional Ctr. - 26901 - Petitioners appeal from the circuit court's order denying their appeal and upholding the Grievance Board's dismissal of their grievance as not having been timely filed. 

9. State of W. Va. v. Jerry Steen Sapp, Jr. - 26899 - Defendant appeals conviction of first degree murder with recommendation of mercy. - Continued to May 23, 2000.

10. SER Cecil Roberts, et al. v. Hon Cecil H. Underwood, Governor, et al. -  27467 - No summary available. - Dismissed as moot. 

 

Tuesday, November 13, 2001 11:08 AM