Tuesday, February 15, 2000

1.  Ola Mae Taylor v. Cabell Huntington Hospital, Inc., dba Cabell Huntington Hospital & Linda G. Grim, Registered Nurse - 992175 - This is a medical malpractice action wherein the petitioner, Ola Mae Taylor, appeals from a jury verdict entered in the Circuit Court of Cabell County in favor of respondent Linda G. Grim, a licensed registered nurse.  The petitioner contends that the nurse injected her with incompatible drugs and that the Circuit Court committed error in excluding evidence of the nurse's abuse of morphine while on the job. Granted 3-2, Maynard & Scott

2. State of West Virginia v. Cecil Clayton Holcomb, III - 992400 - The petitioner, Cecil Clayton Holcomb, III,  appeals from an order of the Circuit Court of Fayette County denying him relief in habeas corpus.  In the underlying proceeding, the petitioner entered a plea of guilty to two counts of murder of the first degree for killing his parents and was sentenced to two concurrent terms of life imprisonment, without mercy.  The petitioner, age 15 when the offenses were committed, contends that the pleas agreement was involuntary and that the sentence was excessive.  Granted 3-2, Maynard & Scott

3.  State of West Virginia v. Thomas Snodgrass - 992396 -  The petitioner, Thomas Snodgrass, appeals from his convictions in the Circuit Court of Marion County of: 1) child abuse creating risk of injury, 2) destruction of property and 3) fleeing from a police officer.  The convictions arose from a dispute between the petitioner and his ex-wife over the petitioner's visitation with his six year old son. Granted 5-0

4.  Carolyn Wilson, Guardian of the Estate of Patricia Lou Shock; Gary Land and Melissa Smith v. West Virginia University Hospitals, Inc. - 992527 - In this certified question case from the Circuit Court of Monongalia County, the petitioner, West Virginia University Hospitals, Inc., contends that, as a private or quasi-private corporation, it should not be held vicariously liable for the negligence of faculty and resident physicians who are employed by the University of West Virginia Board of Trustees, a public corporation.  Otherwise, WVUH contends, it should be entitled to the same sovereign immunity which is available to those physicians.  Refused 3-2, Maynard & Scott

5.  Robert  Johns v. Wheeling National Bank - 992474 - The petitioner, Robert Johns, appeals from an order entered in the Circuit Court of Marshall County dismissing his breach of contract action against the respondent, Wheeling National Bank.  The court determined that the action was barred by the 5 year, rather than the 10 year, statute of limitations.  Granted 3-2, Davis & McGraw

6.  City of Shinnston Municipal Water Department v. PSC of WV and Richard D. Shingleton , et al. - 993109 -  No summary available. Refused 3-2, McGraw & Scott

7.  Abraham Doe, et al. v. WV Department of Health and Human Resources, et al. - 992756 -  The petitioner's, Abraham Doe, et al., appeal from an order entered in the Circuit Court of Kanawha County dismissing the respondent prosecutors as defendants from the petitioner's action to recover damages with regard to the abuse and neglect of two children.  The petitioners alleged that the prosecutors violated their duty to investigate and pursue various, underlying abuse and neglect proceedings concerning the children.  The Circuit Court, however, determined that the prosecutors were entitled to governmental immunity. Refused 3-1,  Starcher (McGraw disqualified)

8. State of West Virginia v. Sammy J. Fragale - 992758 -  The petitioner, Sammy J. Fragale, appeals from a jury verdict returned in the Circuit Court of Fayette County finding him guilty of the offense of delivering cocaine, a felony.  The petitioner contends that the Circuit Court committed error in allowing similar act evidence to be admitted at trial, without conducting an in camera hearing as required by Rule 404(b). Refused 4-1, Starcher

9.  Anna Sale, by and through her next friend and parents June & William Sale, et al. v. Mayor Kemp Melton, Mayor of the City of Charleston, et al. - 992677 -  Petitioners appeal from the circuit court's order finding that the curfew contained in the Youth Protection Ordinance of the City of Charleston does not violate petitioner's due process rights, their right to free expression nor their freedom from unreasonable search and seizure.  Granted 3-1, Maynard (Scott disqualified)

10.  Dorothy Kyle Czaja (now Dorothy E. Wright) v. Mark Czaja - 992697, 992698 & 962699 - In 992697 petitioner appeals and seeks the reversal of the circuit court's contempt order arising out of a post-divorce visitation modification action.  In 992698 petitioner mother appeals from the circuit court's denial of her post-divorce petition to modify visitation and her motion to suspend respondent father's unsupervised visitation with the parties' children. In 992699 petitioner appeals from the circuit court's order finding petitioner in contempt and imposing upon the petitioner a procedural mechanism to transfer custody of the parties' children to respondent if petitioner continues to deny respondent unsupervised visitation with the children. Granted All 4-1, Davis

11. State ex rel. Manhattan National Life Insurance Co. v. Hon. Clarence L. Watt, Judge, et al. - 993099 - No summary available. Refused 3-2, Maynard & Davis