Tuesday, April 2, 2002

1.  SER Sharon Orlofske, individually and all those similarly situated, etc. v. The City of Wheeling - 012035 - City seeks to overturn the lower court grant of mandamus on the issue of whether the City, after the death of a member of its group health insurance, is required to offer unlimited lifetime coverage to surviving spouses and dependents of deceased member. -
Grant 4 - 1, McGraw. 


2.  Harry Reynolds v. George Trent, Warden - 011165 - Petitioner seeks a writ of habeas corpus based upon several rulings at trial at which he received two consecutive life sentences without mercy.   - Refuse 3 - 2, Starcher, Albright.


3.  Martha Hazel Bragg Smith v. Arthur Smith, Arella Cline, Roy Cline, Lowell D. Smith, Sherry D. Smith, and Byron Smith - 012186 - The petitioner, Arthur Smith, appeals from a summary judgment entered in the Circuit Court of Mingo County in favor of the respondent, Martha Hazel Bragg Smith (the petitioner's former wife). In so ruling, the Circuit Court granted the respondent's request to partition the parties' real property, even though a final decree concerning the property had been entered in 1975 in the divorce action. In granting summary judgment, the Circuit Court concluded that no disposition or partition of the real property had been made in the 1975 decree. The petitioner contends, inter alia, that the Circuit Court lacked jurisdiction to grant a partition of the parties' real property.   -  Refuse 4-1, Maynard. 


4.  State of W. Va. v. Jerry Lee Hess, Jr. - Life Without Mercy - 012903 - The petitioner, Jerry Lee Hess, Jr., appeals from his conviction in the Circuit Court of Berkeley County of the offense of murder of the first degree, without mercy. The petitioner allegedly murdered a female companion in an orchard in Berkeley County after the petitioner and his companion left a nightclub. The petitioner raises a number of assignments of error.  - Refuse 3 - 2, Starcher, Albright.


5.  Jeffrey L. Marsh v. David Bell, Harmon and Kathy Bell, husband and wife, and Erie Insurance Company - 012245 - Plaintiff appeals from the circuit court's order granting summary judgment in favor of Harmon and Kathy Bell and Erie Insurance Company in this declaratory judgment action regarding insurance coverage issues. -  Grant 3 - 2 , Davis & Maynard. 

6.  SER Leroy Mower v. Howard Painter, Warden -  012288 - The petitioner, Leroy Mower, appeals from an order entered in the Circuit Court of Mercer County denying him relief in habeas corpus. In the underlying proceeding, the petitioner was convicted of 1st degree murder (without mercy) and grand larceny. His direct appeal to this Court was refused in June 1993.  - Refuse
 3 - 2, Starcher, Albright.

7.  Betty R. Wendling v. WV Real Estate Commission & WV Human Rights Commission
Robert A. Taylor -  012280 - Petitioner appeals from the circuit court's order granting respondent's motion to enforce a mediation settlement. - Rescheduled to May 1, 2002.

8.  Kathleen M. Lloyd, Adm. v. Charleston Area Medical Center, Inc.; Shawnee Hills, Inc.; Leon Shiu-Lung Kwel, M.D.; & Emergency Management Specialists, Inc. - 011634 - Medical malpractice plaintiff presents four certified questions in a case alleging that medical negligence resulted in suicide.

ISSUES:
1. Whether the legal definition of "caretaker" in the context of a wrongful death case arising out of a suicide requires that the entity which is the "caretaker" be in actual possession of the decedent at the actual time that the decedent committed suicide. The lower court answered "no."

2. With regard to the legal definition of "knowing the other [person] is suicidal" means that an ordinary and reasonable caretaker knew or should have known that the person was suicidal. The lower court answered "yes."

3. Whether the legal definition of "knowing the other [person] is suicidal" means that an ordinary and reasonable caretaker knew or should have known that the person was suicidal based upon the person's complaints, previous medical history, and medical records which were available to the caretaker to review. The lower court answered "yes."

4. Whether the Court's decision in Moats v. Preston County Commission, 206 W.Va. 8, 521 S.E.2d 180 (1999), abolished the common law or statutory right of a plaintiff to proceed under a negligence, medical malpractice cause of action in a wrongful death case arising out of suicide. The lower court answered "no."  - Refuse 3 - 2, Maynard, McGraw.

9.  Kathleen M. Lloyd, Adm. v. Charleston Area Medical Center, Inc.; Shawnee Hills, Inc.; Leon Shiu-Lung Kwel, M.D; & Emergency Management Specialists, Inc. - 011635 - See above.  - Refuse 3 - 2, Maynard, McGraw.

10.  Betty Bender v. Alderson-Broaddus College -  012411 - The petitioner, Betty Bender, appeals from a summary judgment entered in the Circuit Court of Barbour County in favor of the respondent, Alderson-Broaddus College. The petitioner, a student in the College's nursing program, successfully completed the course requirements but was dismissed during her final year when the College adopted increased completion standards. The petitioner contends, inter alia, that the Circuit Court committed error in holding that a private college is permitted to increase the requirements for completion of a sequential multi-year degree program after a student has enrolled and completed a portion of the program.  -  Grant 3 - 2 , Davis & Maynard. 

11.  Camden-Clark Memorial Hospital Corp. v. Sonya Turner -  012418 - Defendant appeals from the circuit court's award of a permanent injunction in favor of the plaintiff Hospital. -  Grant  4-1, Maynard.