Tuesday, April 3, 2001

1. John D. Sergent, Adm. v. City of Charleston, et al.  - 28479 - The petitioner, John Sergent, appeals the summary judgment order dismissing his claims against the Cities of Charleston and St. Albans and their respective officers based on the public duty doctrine and immunity under W.V. Code 29-12A-5. Mr. Sergent argues that the defendant officers acted without due regard for the safety of the decedent and general public and that summary judgment was improper because: (1) the Court improperly entertained renewed summary judgment motions after their initial motions were denied; (2) the public duty doctrine was improperly applied to the tortuous misconduct of the defendants; (3) the "reckless disregard" exception to the public duty doctrine was not applied; and (4) proximate cause and foreseeability of the consequences of the police acts was erroneously found not to exist. - Continued to May 9, 2001.

2. Curtis Louden, et al. v. WV Division of Environmental Protection, et al.  - 28664 - Petitioner, Michael Castle, Director of West Virginia Division of Environmental Protection, appeals from the circuit court's final order awarding attorney's fees in a mooted administrative appeal.

3. State of W. Va. v. Chester R. Gibson  - 28725 - Defendant seeks to appeal jury verdict finding him guilty of possession of a controlled substance with the intent to deliver. - To be presented on briefs only without oral argument.

4. Rebecca Carolyn Snider v. Clarence Edward Don Snider  - 28719 - Petitioner appeals from the circuit court's award of equitable distribution, alimony, and attorney's fees in favor of respondent asserting that the circuit court lacked subject matter jurisdiction and personal jurisdiction over the non-resident petitioner. - To be presented on briefs only without oral argument.

5. Angela S. Love v. Georgia-Pacific Corporation  - 28405 - Plaintiff appeals from an adverse jury verdict in this retaliatory constructive discharge action against her employer, defendant Georgia-Pacific Corporation.

6. In Re: Brian James D.  - 28731 - Father appeals the termination of his parental rights. His rights were terminated because he was charged with selling marijuana.

7. SER Vicki Hearn v. Robert J. Smith, Comm’r  - 29061 - Hearn petitions for a Writ of Mandamus, seeking to compel the respondent to accept the amount offered in settlement of the Division of Worker's Compensation's subrogation claim on the settlement received by Hearn from a third party for payment of damages, including medical expenses, which arose from the third party's negligence in relation to Hearn's on the job injury. -  Dismissed as moot.

8. SER Harlan R. Bowser, et al. v. Hon. George W. Hill, Judge, et al.  - 29082 - The Bowsers petition for a Writ of Prohibition, seeking to prohibit the sale of real estate. The Bowsers claim that they were not awarded a hearing on their timely filed objection to the Commissioners' determination that the property in which they hold a 1/9th interest could be partitioned in kind and additionally petition for a Writ of Mandamus, seeking an order allotting the subject real estate to the Bowsers at the value of $348,000.00 as set by the Special Commissioners.