Requests for Oral Presentation
and
Petitions for Appeal

April 15, 999

1.    Drema Day v. Appalachian Oh-9, No. 990152. Petitioner appeals the dismissal of her complaint for wrongful discharge from employment.

Defer

2.    Fola Coal Co., Inc. v. Bays, Inc., No. 990132. Third-party defendant insurance carrier appeals jury verdict for the third-party plaintiffs in the amount of $240,009.00 in a matter asserting a claim of reasonable expectations arising from the issuance of a certificate of insurance.

Refuse 5-0

3.    State of West Virginia v. David Martin, No. 990157. Defendant appeals conviction of malicious assault. He was sentenced to 1 to 5 years.

Refuse 5-0

4.    In Re: Charles Beard v. Greenbrier County, No. 990286. Petitioners, a group of Greenbrier County deputy sheriffs, appeal an order of the lower court denying them intervenor status in a matter involving the employment status of another deputy sheriff.
    
Refuse 3-1
[McGraw, J.]
[Davis, J. Disqualifed]

5.    State of West Virginia v. Heloris Wooldridge, No. 990222. Defendant appeals conviction of obtaining money under false pretenses. She was sentenced to 6 months.

Refuse 5-0

6.     United Technical Center v. Linda Olivito, No. 990239. Petitioner Board appeals from the Circuit Court's affirmance of the ALJ's decision awarding Respondent both regular employment seniority and preferred recall status with the Petitioner Board for her work as a regular employee with a multi- county vocational center.

Refuse 5-0

7.    Jody M. Stevens v. WV Institute of Tech, No. 990242. Plaintiff appeals an award of summary judgment in favor of defendant school and defendant hospital in this personal injury action.

Grant 4-1
[Starcher, C.J.]

8.    State of West Virginia v. Paul Schybal, No. 990243. Plaintiff appeals the revocation of his probation and his sentencing to 1 to 5 years for unlawful assault.

Defer

9.    Mercer County BOE v. Kitty Townsend, No. 990246. Petitioner appeals the Circuit Court's reversal of the ALJ's decision requiring Respondent to credit Petitioner with a year of seniority for working more than 133 days as a substitute teacher during 1989 to 1990 school year.

Accept

10.     In Re: Removal Of: v. John Sims, Prosecuting Attorney, No. 990251. Petitioners appeal from a three-judge panel's refusal to remove John Simms as the Prosecutor of Logan County.

Grant 3-1
[Starcher, C.J.]
[McGraw, J. Disqualifed]

11.    Donna L. Crispen v. WV Secondary School, No. 990261. The petitioners, the Crispen family, appeal from an order entered in the Circuit Court of Mason County dismissing their action for improper venue. The Crispens' son, a home schooled student, was determined by the WVSSAC to be ineligible to participate upon the high school soccer team.

Grant 3-2
[Maynard, J., Davis, J.]

12.    State of West Virginia v. Dennis J. Rydbom, No. 990272. The petitioner, Dennis John Rydbom, appeals from an adverse jury verdict returned in the Circuit Court of Wood County. The petitioner was convicted of 1st degree murder and sentenced to life, without the possibility of parole.

Accept

13.    B & L Utility Contract v. Frank Irey, Jr., Inc., No. 990273. The petitioner, Fidelity and Deposit, appeals from orders entered in the Circuit Court of Cabell County awarding attorney fees and sanctions to the respondents in connection with the respondents' claim of bad faith and unfair settlement practices.

Refuse 5-0

14.    Sasha L. Sprague v. Gregory O. Foggin, No. 990274. The petitioner, Gregory Olin Foggin, appeals from an order entered in the Circuit Court of Wood County which converted an equitable distribution award into a lump- sum reimbursement alimony judgment. The ruling facilitated execution upon the petitioner's debt by rendering it subject to automatic wage withholding.

Refuse 5-0

15.    Pamela J. Ross v. Ohio Valley Medical, No. 990277. The petitioner, Pamela J. Ross, administratrix, appeals from an adverse jury verdict returned in the Circuit Court of Ohio County. The petitioner asserted medical negligence against the respondents which, according to the petitioner, occurred following a motor vehicle accident involving the decedent.

Refuse 3-2
[Starcher, C.J., McGraw, J.]

16.    Dr. Allan Gant. v. Nationwide Ins. Co., No. 990284. The petitioner, Dr. Gant, appeals from an order entered in the Circuit Court of Nicholas County dismissing his action against the respondents. In so ruling, the Circuit Court determined that the petitioner was not "a real party in interest" within the meaning of Rule 17 of the West Virginia Rules of Civil Procedure.

Refuse 4-1
[McGraw, J.]
[Justice Workman would refuse without prejudice to the minor child].

17.     University Of WV v. Parties Unknown, No. 990285. The petitioner, C. W. Burton, appeals from an order of the Circuit Court of Cabell County holding that a restrictive covenant upon real property is an estate in land and, therefore, subject to eminent domain proceedings.

Refuse 4-1
[McGraw, J.]

18.    State of West Virginia v. Fred Salem Zain, No. 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.

19.    Sherman Jones v. Patterson Contracting, No. 990221. The petitioners, Sherman and Lori Jones, appeal from a directed verdict granted by the Circuit Court of Logan County in favor of Grasan Equipment Company, Inc. The appeal concerns a product liability action filed against Grasan Equipment with regard to injuries Sherman Jones received while cleaning a rock crushing machine.

Grant 5-0

20.    Sherman Jones v. Patterson Contracting, No. 983292. The petitioners, Sherman and Lori Jones, appeal from a directed verdict granted by the Circuit Court of Logan County in favor of Patterson Contracting. The appeal concerns a deliberate intent action filed against Patterson Contracting with regard to injuries Sherman Jones received while cleaning a rock crushing machine.

Grant 3-2
[Maynard, J., Davis, J.]