2.  Jeanne Cartwright v. Cabell Huntington Hospital, Inc. - 072623 - Plaintiff appeals from the circuit court's order awarding summary judgment in favor of defendant hospital in this medical malpractice action. - Grant 4 - 1,  Benjamin.

3.  WV Dept. of Transportation, Div. of Highways v. Contractor Enterprises, Inc. - 072814 - Contractor Enterprise, Inc. appeals the circuit court's order which ruled that Contractor Enterprise had not met its burden of proving that the Division of Highway's acquisition of land by eminent domain for possible use as a highway construction waste storage area was arbitrary, capricious, fraudulent, oppressive, in bad faith, or contrary to law. - Grant 5 - 0.

4.  State of WV v. Melvin Messer - 072795 - Melvin Randall Messer appeals his conviction for two counts of first degree murder with recommendations of mercy. He asserts several errors, including prosecutorial misconduct and insufficiency of the evidence.  - Grant 3 - 2,  Maynard & Davis.

5.  SER Pros. Atty. of Kanawha County v. Bayer Corporation - 072812 - The petitioner, the Bayer Corporation, appeals from an Order dated August 10, 2006, by the Kanawha County Circuit Court, which reversed the decision of the Kanawha County Commission to exonerate Bayer's request for exoneration from erroneous personal property taxes assessments for tax years 2001, 2002, and 2003. The Kanawha County Circuit Court found that Bayer was not entitled to exoneration for the taxes previously paid. On April 30, 2007, the Circuit Court denied Bayer's Motions for New Trial and Reconsideration. Bayer now appeals the Orders of the Circuit Court. - Grant 5 - 0.

6.  Franklin S. Beverly, Admn., et al. v. Weyerhaeuser Co., et al. - 072929 - Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of defendants. The circuit court concluded that defendants did not owe a duty of care to plaintiffs and that the acts of defendants were not a proximate cause of plaintiffs' damages. Plaintiff instituted a negligence action against defendants arising out of an automobile accident. Plaintiff seeks a reversal of the summary judgment and a remand for trial. - Oral presentation waived, Refuse 4 - 1,  Starcher.

7.  Coal River Mountain Watch, Inc. v. WV Dept. of Transportation and PSC of WV - 072787 - Plaintiff Coal River Watch appeals the circuit court's order granting summary judgment for the defendants. Plaintiff asserts that W.Va. Code § 17C-17A-1 through 16, pertaining to the Coal Resource Transportation System, violate multiple provisions of the W.Va. Constitution. - Refuse 5 - 0.

8.  State of WV v. Robert L. Newsome - 073096 - Robert L. Newsome appeals his conviction for possession with intent to deliver, delivery of a controlled substance, and conspiracy, as well as his recidivist conviction and his sentence. He asserts inter alia that police officers were improperly permitted to render expert testimony, he was incompetent to assist his defense with respect to considering a plea bargain offer, his recidivist sentence is cruel and unusual punishment, the court committed plain error by not striking certain jurors for cause, and his rights were violated at his recidivist trial because new counsel was appointed only two business days earlier. - Refuse 3 - 2,  Starcher & Albright.

9.  Rebecca O’Dell v. Family Dollar Stores, Inc., Family Dollar Stores of WV, Inc., and Paul Hill - 072304 and 072701 - In petition no. 072701, defendant employers appeal the circuit court's order denying their motion for Judgment as a Matter of Law after a jury found they discriminated against an employee on the basis of her disability and failed to reasonably accommodate her disability. In petition no. 072304, defendants appeal the circuit court's order directing them to reinstate plaintiff to her former position. The two petitions were consolidated by this Court. - Refuse 5 - 0.