2.  Camden-Clarke Memorial Hospital Corporation v. St. Paul and Marine Insurance Company - No. 080493. The United States District Court for the Southern District of West Virginia, Parkersburg Division, presents the following certified questions:

4.  Paul L. Ashbaugh and Ashbaugh Custom Builders, LLC v. The Corporation of Bolivar, a West Virginia municipality, et al. - No. 073956. Plaintiffs appeal from the circuit court’s order granting the defendant Town of Bolivar’s motion for summary judgment. Previously, this case was before the Court in State ex rel. Brown v. Corporation of Bolivar, 209 W.Va. 138, 544 S.E.2d 65 (2000), and State ex rel. Brown v. Corporation of Bolivar, 217 W.Va. 72, 614 S.E.2d 719 (2005) ("Brown II").- Grant  5-0

5.  Builders’ Service & Supply Company v. Cristal M. Dempsey, a.k.a. Cristal M. Smith, and Clark Sinclair, Sheriff of Taylor County, West Virginia v. Edward Charlton, d/b/a Charlton Construction - No. 073926. Defendant appeals from the circuit court’s order denying her motion to reinstate and denying her motion to reconsider the order denying her motion to reinstate. Defendant contends that the circuit court erred because there was good cause established for the period of inactivity warranting the reinstatement of the action. - Accept to Motion Docket

6.  State of West Virginia ex rel. Nathaniel Lowe v. Thomas McBride, Warden, Mount Olive Correctional Complex - No. 073927. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus. Petitioner alleges ineffective assistance of counsel, as well as evidentiary and procedural error. - Refuse 5- 0

7.  Martha L. Cudd, Trustee under the Martha Lee Cudd Trust v. Hall Development Company, Inc., a West Virginia Corporation; and Propertymark, LLC, a West Virginia Limited Liability Company - No. 073931. Defendant appeals from the circuit court’s order awarding summary judgment in favor of plaintiff and reforming multiple deeds so as to place title to certain disputed real estate in the name of plaintiff. Defendant seeks a reversal of the summary judgment order and a remand of this action to the circuit court with instructions to enter summary judgment in favor of defendant. Alternatively, defendant seeks a remand for a trial on the merits. - Accept to Motion Docket

8.  State of West Virginia v. Jeff Corra - No. 080094. Defendant was convicted of four counts of furnishing alcohol to persons under the age of 21 in violation of W.Va. Code § 60-3-22a(b). Defendant was given the maximum sentence of 40 days of incarceration, a $400 fine, and court costs. Defendant questions the sufficiency of the evidence to convict and asserts procedural and evidentiary error below. - Grant  5-0

9.  State of West Virginia v. Michael Andrew Burkett - No. 073936. Defendant appeals from his conviction of misuse of funds of an elder person. The circuit court denied defendant’s motion for a post-verdict judgment of acquittal or, in the alternative, a new trial. Defendant raises evidentiary, double jeopardy, and other constitutional issues. His sentence has been stayed pending this appeal. Defendant seeks a reversal of his conviction and such other relief as this Court deems fair and just. - Refuse 5- 0

10.  State of West Virginia v. John Lawson, III - No. 073937. Defendant appeals from his conviction and sentence for third degree arson. Defendant seeks a reversal of his conviction and a dismissal of the indictment or, alternatively, a new trial. Defendant challenges the sufficiency of the evidence and raises a suppression issue. - Refuse 4-1 (Albright)

11.  Stephanie R. Timmermeyer, Secretary, West Virginia Environmental Protection v. Goals Coal Company and Coal River Mountain Watch - No. 073938. Petitioner appeals from the circuit court’s final order affirming the decision of the Surface Mine Board in this administrative appeal. Respondent sought to build a coal storage silo within 300 ft. of an elementary school, and the Surface Mine Board concluded that the proposed site was within the permit area of the relevant permit. - Accept to Motion Docket

12.  Josephine Morgan v. Ford Motor Company, a Delaware corporation; Bridgestone/Firestone, Inc., an Ohio corporation; and Frances Robert Morgan- No. 080210. This appeal relates to the cross-claim brought by defendant Frances Robert Morgan against defendant Ford Motor Company in this personal injury action arising out of a rollover accident. Cross-claimant Frances Morgan appeals the circuit court’s order partially granting Ford Motor Company’s motion for judgment as to defendant Morgan’s glass and glazing claims having concluded that such claims are preempted by federal law. - Accept to Motion Docket

13.  Lucas Plagge v. Joseph Cicchirillo, Commissioner of the West Virginia Department of Motor Vehicles, and Frank Smith v. Joseph Cicchirillo, Commissioner of the West Virginia Department of Motor Vehicles - No. 073753. The Circuit Court of Raleigh County certifies the following question:

Did the DMV satisfy the burden of proving that Petitioners operated a motor vehicle while under the influence of alcohol in violation of W.Va. Code § 17C-5A-2 when the Respondent’s evidence consisted of the DUI Information Sheet and the arresting officer’s testimony identifying the DUI Information Sheet at the administrative hearing?

Circuit Court’s Answer: Yes. - Accept to Motion Docket

14.  Elizabeth Ann Miller, Individually and as Administrix of the Estate of Rachel M. Miller, Deceased v. William A. Davis; Alphonse Cincione; N. Gerald DiCuccio; and Nicole DiCuccio - No. 073804. Plaintiff appeals the circuit court’s order granting summary judgment for defendants in a legal malpractice case. The court found that plaintiff’s voluntary settlement of her underlying case precluded her ability to prove that the alleged negligence of the defendant lawyers had proximately caused her injury. - Refuse 4-1 (Benjamin)

15.  Virginia C. Pagett v. Kenton Meadows Company, Inc. - No. 073749. Plaintiff appeals the circuit court’s order granting summary judgment for the defendant. Plaintiff asserts that property on which an unused railroad line lies was only held by the railroad company as an easement, but the court found that deeds in 1901 and 1902 had conveyed the property to the railroad company in fee simple. - Accept to Motion Docket

16.  Jackie Lee Edens, Individually and as Administrator for the Estate of Helena F. Edens, and Gary Edens v. Brenda J. Rowe and Ronald L. Rowe, her husband - No. 073750. Defendants Brenda and Ronald Rowe appeal the circuit court’s order after a bench trial. The court found that Brenda’s mother, Helena Edens, had lacked the requisite mental capacity to deed certain property to the Rowes, thus the court set the deed aside. - Refuse 5- 0

17.  State of West Virginia v. Gary Wayne Kent - No. 073808. Gary Wayne Kent appeals his 2007 conviction for felony murder with a recommendation of mercy. He asserts double jeopardy, that the prosecutor repeatedly asked improper comparative questions, erroneous admission of prior testimony given by a now unavailable witness, and that scientific opinions about marks on shell casings and gunshot residue should have been excluded under Daubert and its progeny. - Accept to Motion Docket

18.  J. Anthony & Company, a corporation, and VMS, LTD., a corporation v. James Trickett, individually; James Trickett, as attorney-in-fact for Howard J. Trickett, Bonnie Trickett, Lucille L. Trickett, David H. Trickett, Leroy V. Trickett, Martha Jane Tharp and James F. Tharp; and Howard J. Trickett and Bonnie Trickett, husband and wife, and  Howard J. Trickett and Bonnie Trickett, husband and wife; and Lucille L. Trickett, widow of James A. Trickett v. J. Anthony Company, Inc.; VMS Ltd.; Pinnacle Mining Company of Northern WV; Pinnacle Construction Corporation; Concorde Corporation; Mt. Morris Mine Repair Company; Joseph A. Laurita, Jr., dba J. Anthony & Company, Inc. and/or J. Anthony & Company, James A. Laurita, individually - No. 073933. The law firm of Gianola, Barnum, Wigal & Longon, L.C. and lawyer Patrick C. McGinley appeal the circuit court’s order which denied their "Motion for Reconsideration and to Amend the Court’s February 18, 2004 Order Enforcing Settlement, Releasing Defendants, and Dismissing Civil Actions." By denying the motion, the court also denied these attorneys’ petition for attorney’s fees. The court ruled that the attorneys must file an independent breach of contract suit to recover their attorney’s fees and costs. - Accept to Motion Docket

19.  Pleasant Valley Hospital, Inc. v. West Virginia Health Care Authority, and Family Home Health Plus, Inc. d/b/a Ohio Valley Home Health - No. 073947. The West Virginia Health Care Authority appeals the circuit court’s order which reversed decisions of the Authority and Office of Judges. The court reversed the Authority decision to grant a certificate of need to Ohio Valley Home Health for the provision of home health services in Mason County. At issue is whether the Authority correctly determined unmet need for the proposed service in the proposed area. Ohio Valley Home Health has filed its own petition for appeal in No. 073948. - Refuse 5- 0

20.  Pleasant Valley Hospital, Inc. v. West Virginia Health Care Authority, and Family Home Health Plus, Inc. d/b/a Ohio Valley Home Health - No. 073948. Family Home Health Plus, Inc. d/b/a Ohio Valley Home Health appeals the circuit court’s order which reversed decisions of the W.Va. Health Care Authority and Office of Judges. The court reversed the Authority’s decision to grant a certificate of need to Ohio Valley Home Health for the provision of home health services in Mason County. At issue is whether the Authority correctly determined unmet need for the proposed service in the proposed area. The Authority has filed its own petition for appeal in No. 073947. - Refuse 5- 0

21.  Jeanette Gallaher v. Martha Walker, in her official capacity as Secretary of the West Virginia Department of Health and Human Resources; Erika H. Young, in her official capacity as Chair, Board of Review for the West Virginia Department of Health and Human Resources, and Margaret Mann, in her official capacity as State Hearing Officer for the West Virginia Department of Health and Human Resources - No. 080029. The DHHR appeals the Circuit Court of Kanawha County’s order granting a writ of certiorari and reversing a decision of the DHHR Board of Review. The court found that Jeanette Gallaher meets the eligibility requirements for benefits under the State’s Medicaid Mentally Retarded/Developmentally Disabled (MR/DD) Waiver Program. The DHHR argues inter alia that the court applied the incorrect legal standard for eligibility, erroneously substituted its own factual findings for those of the hearing examiner, and that the evidence does not support a finding of eligibility. - Accept to Motion Docket

22.  State of West Virginia v. Davin Akule Williams - No. 080092. Davin Akule Williams appeals, arguing that his sentence of 3 years probation for misdemeanor battery is cruel and unusual punishment. - Refuse 5- 0

23.  Sharon K. Roberts and Larry D. Roberts v. Anandhi Murthy, M.D. and Anandhi Murthy M.D. v. West Virginia University Medical Corporation, d/b/a University Health Associates, and West Virginia University Board of Governors - No. 073932. Defendant doctor who received an adverse jury verdict in a medical negligence case appeals the circuit court’s Judgment Order and Order Denying her Motion to Alter or Amend Judgment Order. She asserts that the court erred by applying a verdict setoff for a pre-trial settlement between plaintiffs and third-party defendants before it applied the statutory cap on noneconomic damages pursuant to the 1986 version of the MPLA. - Refuse 5- 0

24.  Timberline Four Seasons Resort Management Co., Inc. and Long Run Realty, Inc. v. Pat J. Herlan, individually, and Timberline Realty Inc., and Timberline Resort Realty, Inc. - No. 080095. Petitioners Timberline Four Seasons Resort Management Co., Inc. and Long Run Realty, Inc. appeal the circuit court’s order denying their Petition for Injunctive Relief. At issue is whether Respondent Pat J. Herlan, a real estate broker who ran a realty office that managed vacation rental properties, was an agent of the resort. - Accept to Motion Docket

25.  Terry Hill v. Gregory Brent Stowers - No. 080106. Plaintiff Terry Hill appeals the circuit court’s order dismissing his lawsuit under Rule 12(b)(6). Plaintiff asserts that Defendant Gregory Stowers engaged in illegal vote-buying activity which resulted in defendant obtaining more votes than did plaintiff to win the 1996 general election for Circuit Clerk of Lincoln County; plaintiff seeks monetary damages. - Accept to Motion Docket

26.  Darryl White v. Board of Education of the County of Monongalia - No. 080179. Petitioner Darryl White appeals the circuit court’s order denying his petition for mandamus against the respondent board of education. Petitioner, a school bus operator, asserts that he was not paid for his daily lunch periods during certain weeks. - Refuse 4-1 (Starcher)

27.  Brian Kuchinski v. Jennifer Boniey - No. 080180. This claim for uninsured motorist benefits arises from an all-terrain vehicle accident. The ATV was uninsured and the Respondent sought UM coverage from two auto policies by State Farm Mutual Automobile Insurance Company. The policies contained exclusions for ATVs from the definition of uninsured motor vehicle when the ATV is operated off-road. The Circuit Court of Brooke County found the policy language to be clear and unambiguous but found the exclusion violated the spirit of West Virginia Code §33-6-31. On appeal, State Farm contends that the UM statute is inapplicable to the facts of the present case. - Accept to Motion Docket

28.  SER West Virginia Department of Health and Human Resources v. Timothy R. Ruckman - No. 080181. The West Virginia Department of Health and Human Resources sought a Writ of Prohibition against Family Court Judge Ruckman. The writ was granted in part on October 25, 2007. The Clay County Circuit Court found that the Family Court could order the DHHR to investigate non-abuse and neglect matters. The Circuit Court also found that the Family Court had the authority to order the DHHR to supervise visits in a non-abuse and neglect matter. The DHHR appeals from the Circuit Court’s Order. - Grant 4-1 (Benjamin)

29.  Timothy Cruickshank and Lucy Cruickshank v. Amron Building Components, Inc. - No. 080185. Petitioners, Timothy and Lucy Cruickshank, appeal an August 27, 2007, Order of the Clay County Circuit Court which granted Respondent Amron Building Components, Inc.’s Motion for Summary Judgment on the grounds that the petitioners did not file their complaint in accordance with West Virginia Code §55-2-12. On appeal, petitioners seek a reversal of the Circuit Court’s decision and remand for reinstatement.  - Refuse 5- 0

30.  Kasserman and Bowman, PLLC v. Jane L. Cline, Commissioner - No. 080028. Petitioner seeks Declaratory Relief to obtain a judicial determination as to whether West Virginia Code §23-5-16 permits a twenty percent contingency fee to be awarded upon: (1) the settlement of medical benefits in a workers’ compensation claim; and (2) additional permanent total disability benefits awarded for an earlier onset date as a result of litigation or appeals on behalf of a claimant for the statutory maximum period of 208 weeks per award. The Kanawha County Circuit Court granted summary judgment in favor of the Insurance Commissioner and found that the Code does not permit a twenty percent contingency fee. - Accept to Motion Docket

31.  Tammy Conley, Administratrix of the Estate of John Cody Conley v. Jerry Stolling, Joseph Richards, Steven R. Richards, and Cynthia L. Richards, Cabot Oil and Gas Corporation, West Virginia Department of Transportation, Division of Highways - No. 080213. The petitioner brought a wrongful death action against Respondents Cabot Oil & Gas Corporation, Joseph Richards and Steven Richards. Summary Judgment was granted in favor of those three defendants by the Kanawha County Circuit Court. On appeal, Petitioner requests that the Court reverse the rulings for summary judgment and order further discovery, as well as a trial. - Grant 3-2 (Maynard, Benjamin)

32.  State of West Virginia v. Kenneth S. Morrison - No. 080217. The petitioner, Kenneth S. Morrison, seeks relief from his sentence following a guilty plea to Displaying Obscene Material to a Minor. Petitioner was sentenced to five years in prison, fifty years of supervised release, and he is required to register as a sex offender.  - Refuse 5- 0

33.  Kelly and Jerry Steele v. Globalstar, Inc. - No. 080218. The petitioners, Kelly and Jerry Steele, appeal from a Kanawha County Circuit Court’s Order denying the plaintiffs Rule 60(b) relief following the Court’s granting of Summary Judgment in favor of the defendant Globalstar, LLC. Petitioners assert that genuine issues of material fact exist in the case. - Accept to Motion Docket

34.  State of West Virginia v. Paul Newcomb - No. 080090. Paul Newcomb appeals his conviction for first degree murder without a recommendation of mercy. He asserts error in the trial court’s failure to strike certain jurors for cause, that his statements and the weapon should have been excluded from trial because of Miranda violations, that his statement should have a been excluded because of a prompt presentment violation, and error in the admission of 404(b) evidence regarding an earlier altercation.  - Accept to Motion Docket