Supreme Court of Appeals of West Virginia

 Argument Docket  
Wednesday, February 15, 2006

State Capitol
Charleston, West Virginia

1.  David Payne, President, USofA Local 37, et al. v. Huntington Human Rights Comm. - 32749 - Dismissed.

2.  Kimberly Merrill, et al. v. WV Department of Health & Human Resources - 32856 - Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of defendant. Plaintiffs instituted this action alleging that defendant was liable to them for its failure to remove plaintiffs from their parents' custody following reports that plaintiffs were being sexually abused by their father.  Justices Starcher and Benjamin disqualified.  Judge Madden and Judge Murensky sitting by temporary assignment.

• Appellant's Brief
• Appellee's Brief

3.  Reggie Lee Philyaw v. Eastern Associated Coal Corp. - 32754 - Petitioner files a direct appeal from the circuit court's order granting summary judgment to Eastern Associated Coal. Petitioner filed suit against Eastern alleging intentional infliction of emotional distress because Eastern allegedly required him to commit federal felonies. 

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief

4.  Linda Farley v. Jeffrey Shook, D.P.M., et al. - 32770 - Plaintiffs appeal an adverse summary judgment order in a medical malpractice action.

• Appellant's Brief
• Appellee's Brief (Dr. Shook and Dr. Miller)
• Appellee's Brief (St. Mary's Hospital)
• Appellee's Brief (Gabriel C. Fornari, M.D.)

5.  Dana Scott Roy, et al. v. Kenneth D’Amato, D.O. - 32853 - This appeal involves the dismissal of a medical malpractice lawsuit on the basis that petitioners did not provide respondent with proper notice of claim pursuant to West Virginia Code §55-7B-6(b). Petitioners sought relief pursuant to Rule 59(e) of the West Virginia Rules of Civil Procedure, but their request was denied.

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief

 The briefs and other filings are provided in PDF format. 
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Friday, January 20, 2006