Tuesday,  April 3, 2001

1. Water Board of the City of Logan & the City of Logan v. PSC of West Virginia - 003007 - No summary available.  - Refused 4-1, Maynard. 

2. K. H. v. Linda Dorsey, et al. - 002562 - Plaintiff appeals from the circuit court's order granting defendant's Rule 50(b) motion for judgment as a matter of law finding that plaintiff's claims were barred by the statute of limitations. - Granted 4- 0 (J. Albright disqualified).



3. Columbia Gas Transmission Corporation v. Elaine M. Foster  - 00-111 - No summary available.   - Granted 3- 2, Davis & Maynard. 

4.  State of W. Va. v. Rickey Carey- 002634 - The petitioner, Rickey Carey, appeals from his conviction in the Circuit Court of Jefferson County of murder of the first degree without mercy. The petitioner was charged with shooting and stabbing a woman with whom he had been involved in a relationship. The petitioner admitted committing the homicide but asserted, at trial, that he was guilty of no more than voluntary manslaughter. The petitioner raises a number of assignments of error.   - Granted 3- 2, Davis & Maynard. 

5.  Charlotte Pritt v. The Republican National Committee, et al. - 002519 - Plaintiff appeals from the circuit court's award of summary judgment in favor of defendants.   - Granted 4- 1, Maynard. 

6. Geraldine Willard & Denzil Rhodes, Co-Executors of the Estate of Alma Whited v. Gary Eugene Whited, Executor of the Estate of Delbert R. Whited - 002622 - Plaintiffs appeal from the circuit court's order dismissing their action for declaratory judgment.   - Granted 3- 2, Davis & Maynard. 

7.  State of W. Va. v. Andrew Mugnano- 002378 - The petitioner, Andrew Mugnano, appeals from an order entered in the Circuit Court of Greenbrier County sentencing him to life imprisonment without the possibility of parole for the murder of his wife, Theresa Lynn Mugnano, and to 2 to 10 years for the malicious wounding of an individual named Gary Wayne Simms. The petitioner entered guilty pleas to those offenses. The petitioner contends that his convictions and sentences should be set aside because the State violated his plea agreement and because the Circuit Court violated principles of proportionality in imposing the sentence of life imprisonment without the possibility of parole.   - Refused 3-2, Starcher & Albright.

8.  Dale G. Nestor, II v. Bruce Hardwood Flooring, L.P., dba Bruce Hardwood Floors, a division of B.H.F.G. Corporation  - 002766 - This appeal is a follow up to Nestor v. Bruce Hardwood Flooring, 206 W.Va. 453, 525 S.E.2d 334 (1999) [per curiam], wherein this action was remanded to afford the Circuit Court an opportunity to set forth findings of fact and conclusions of law with regard to its entry of summary judgment. In granting summary judgment, the Circuit Court ruled that the workers' compensation discrimination claim of the petitioner, Dale G. Nestor, II, against his former employer, respondent Bruce Hardwood Flooring, failed as a matter of law. Findings of fact and conclusions of law have since been entered, and the petitioner contends that, those findings and conclusions notwithstanding, summary judgment was improper.  - Granted 3- 2, Davis & Maynard. 

9.  Dewey T. Cromer & Donna Cromer v. Farmers and Mechanics Mutual Insurance Company of West Virginia and James E. Shrewsbery, dba James E. Shrewsbery Insurance Company - 010032 - Petitioner homeowners seek to appeal grant of insurance company's motion for summary judgment finding no coverage under a homeowner's policy for damages to their home from the weight of ice and snow.  - Granted 4- 1, Maynard. 

10.   Scott James Feathers, D.P.M. v. West Virginia Board of Medicine - 001983 - Petitioner appeals from the circuit court's denial of his petition for a writ of prohibition filed against the West Virginia Board of Medicine to prohibit the enforcement of a subpoena duces tecum. - Continued to May 8, 2001. 

11.  Affiliated Construction Trades Foundation, a division of the WV Building & Construction Trades Council, AFL-CIO v. The University of West Virginia Board of Trustees, et al. - 010284 - Petitioner seeks to appeal grant of summary judgment to defendants and denial of petitioner's motion to alter or amend judgment asserting the lower court failed to consider all relevant facts and circumstances and failed to apply the prevailing wage, competitive bidding, and architectural services procurement statutes to the construction of a public office building for West Virginia University. - Granted 5- 0.