Requests for Oral Presentation
and
Petitions for Appeal
February 24, 1999
1. Marvin T. Bowers v. Gretchen Wurzburg, No. 983268. Plaintiffs appeal the dismissal of several defendants on service of process grounds.
Grant 4-1
[Maynard, J.]
2. Nassrin Partovifar v. Mahmood Partovifar, No. 983270. Defendant appeals final order in divorce matter.
Refuse 5-0
3. Paul Sigler v. William Davis, Commissioner, No. 983273. Defendant appeals the denial of his petition for writ of habeas corpus.
Refuse 5-0
4. State of W.Va. v. James S. Starrett, No. 983274. Defendant appeals convictions of one count of driving under the influence resulting in death, six counts of forgery and six counts of uttering.
Refuse 5-0
5. Ruby J. Burleson v. Norfolk & Western, No. 983275. Defendant petitions this Court to take and consider a certified question regarding the amendment of a complaint.
Refuse 5-0
6. Brent O. Sparks v. Doris M. Leelertora, No. 983276. Injured plaintiff and individual defendant appeal lower court order finding that there was no insurance coverage in a declaratory judgment action.
Refuse 4-1
[McGraw, J.]
7. Dominique Rahman v. Herman Canady, Judge, No. 983277. Petitioner seeks writ of mandamus directing the judge to make a determination whether the reason for striking a juror was a pretext for racial discrimination.
Grant 4-1
[Maynard, J.]
8. State of W.Va. v. Walter Lee Swafford, No. 983285. Defendant appeals convictions of first degree murder and conspiracy to commit a felony. He was sentenced to life imprisonment without mercy and 1 to 5 years.
Grant 4-1
[Maynard, J.]
9. Linda J. Tracy v. Athelene Cottrell, No. 983211. The petitioner appeals from an adverse jury verdict in the Circuit Court of Clay County in an action wherein the petitioner asserted that her son's death resulted from a defective safety restraint system installed in a General Motors automobile.
Grant 4-1
[Maynard, J.]
10. Farmers Mutual Ins. v. Gary L. Bryant, No. 983212. Farmers Mutual Insurance Company appeals from an order entered in the Circuit Court of Boone County granting summary judgment in favor of the insureds. The circuit court ruled that certain exclusions contained within the insurance policy did not apply to an endorsement attached to the policy concerning the insureds' motorboat.
Refuse 5-0
11. State of West Virginia v. Kenneth I. Adkins, No. 983213. The petitioner appeals his conviction in the Circuit Court of Logan County of aggravated robbery with the use of a firearm. The charge arose from the robbery of the Town & Country Food Market in Chapmanville.
Refuse 4-0
[McGraw, J. Disqualified]
12. John Matz, et al. v. Corna & Company, Inc., No. 983244. The petitioner, William Meyer, appeals from a default judgment entered against him in the Circuit Court of Harrison County.
Grant 3-2
[Maynard, J., McGraw, J.]
13. Kathy Wolfe v. Daniel Jackson, Mayor, No. 983255. The Mayor and the Town of Jefferson appeal from an order of the Circuit Court of Kanawha County awarding attorney fees to a member of the town council with regard to a proceeding which sought the removal of the member from office.
Refuse 4-1
[Maynard, J.]
14. Harold James Marsch v. Ohio Power Company, No. 983256. The petitioners, Marsch, et al., appeal from an order of the Circuit Court of Marshall County denying their motion for a new trial. The petitioners contend that a jury verdict returned in their favor, in a personal injury action, was inadequate.
Accept
15. Clemit M. Garnes v. Kanawha County Comm., No. 983258. The petitioners challenge a ruling of the Circuit Court of Kanawha County that their action is barred by the Governmental Tort Claims and Insurance Reform Act.
Refuse 3-2
[Davis, J., McGraw, J.]
16. Joan S. Lipscomb v. Tucker County Comm., No. 983259. This appeal concerns the non-payment of longevity (years of service) pay to the petitioner by the Tucker County Commission and is a follow-up to this Court's decision in Lipscomb v. Tucker County Commission, 197 W.Va. 84 (1996). The petitioner appeals from an adverse jury verdict.
Grant 4-1
[Maynard, J.]