Wednesday, February 16, 2000

1. Clay Foodland v. SER WV DH&HR, Bureau of Public Health/WIC  - 26731 - Clay Foodland appeals an order affirming the administrative hearing examiner's decision disqualifying Clay Foodland from the Women's,  Infants and Children's (WIC) program for 2 years. 

2. Capitol Chrysler-Plymouth, Inc. v. Sharon D. Megginson -  26734 - Plaintiff appeals from a jury verdict and the circuit court's refusal to set aside the verdict in this action alleging negligent and intentional fraud and fraudulent misrepresentation in the defendant's lease of a vehicle from plaintiff. 

3. Robert C. Tabor v. Cathy S. Gatson, Circuit Clerk, et al. -  26841 - Petitioner appeals lower court order affirming the findings of the Board of Review of the West Virginia Bureau of Employment Programs that the claimant is eligible but is disqualified because he left work voluntarily without good cause involving fault on the part of the employer.   - To be presented on briefs only without oral argument. 

4. Antoinette Cupano v. West Virginia Insurance Guaranty Association  - 26650 - Plaintiff appeals from the circuit court's order granting summary judgment in favor of defendant. 

5. Nina R. Harbaugh, Admx. v. Christopher Coffinbarger, et al. -  26557 - The petitioner, representing the estate of an 18 year old killed by way of a hand gun while attending a party, appeals from an order entered in the Circuit Court of Berkeley County granting summary judgment in favor of the respondents.  The respondents include the parents of the individual who brought the handgun to the party and the owners of the home where the party took place. -  Rescheduled to September 2000 Term.

6. Martha J. Baker v. Board of Education, County of Hancock -  26567 - The petitioner, Board of Education, appeals from the final order of the Circuit Court of Hancock County.  Pursuant to that order, the Circuit Court reversed a Level IV grievance decision and reinstated the respondent, Martha J. Baker, to her position as principal of Jefferson Elementary School. 

7. Virgil J. Kirk, et al. v. Franklin Randall Mullins, et al. -  26735 - This is a wrongful death action in which the petitioners, Virgil J. Kirk, et al., appeal from rulings of the Circuit Court of Logan County granting summary judgment in favor of the respondents.  The petitioners contend that the Circuit Court committed error in excluding, as speculative, the testimony of the petitioners expert, who indicated that the respondents caused the motor vehicle accident which resulted in the death of the petitioners' son.  - Dismissed

8. Meliah Sue Farmer v. Corina Knight, et al.  - 26743 - Farmer,  plaintiff below, appeals the jury finding her 49% negligent.  She was a passenger in a car accident case.  She argues that the court erred in overruling her attorney's objection during the defendant's closing argument.  She argues that the court erred in failing to grant a new trial when it was discovered that a few of the jurors may have known Farmer and failed to disclose this information during voir dire.