Tuesday, February 5, 2002

1.  Dorothy L. Hawkins and Paul E. Hawkins v. Ford Motor Company - 011227 -  Plaintiffs appeal from the circuit court's order refusing to award legal fees and costs to plaintiffs under West Virginia precedent in breach of warranty cases and its order refusing to permit plaintiffs to amend their pleadings to assert a cause of action against defendant for violations of the Unfair Trades Practice Act.   -  Granted 4-1, Maynard. 



2.  Kathleen M. Lloyd, Adm’x of the Estate of Mary V. Hundley v. Charleston Area Medical Center, Inc., Shawnee Hills, Inc., Leon Shiu-Lung Kwei, M.D. and Emergency Management Specialists, Inc. - 011634 - Medical malpractice plaintiff presents four certified questions in a case alleging that medical negligence resulted in suicide. - Continued.



3. Kathleen M. Lloyd, Adm’x of the Estate of Mary V. Hundley v. Charleston Area Medical Center, Inc., Shawnee Hills, Inc., Leon Shiu-Lung Kwei, M.D.* and Emergency Management Specialists, Inc. - 011635 -  - Continued.

4. State of W. Va. v. Brian Evert Ashcraft - 011702 - The petitioner, Brian Evert Ashcraft, challenges his convictions in the Circuit Court of Harrison County of first degree murder (with mercy), voluntary manslaughter and carrying a concealed weapon without a license. The petitioner allegedly shot his former wife and her male friend.    - Refused 3 - 2, Starcher, Albright.


 5.  Linda Key and Paul Key v. Michael Spindel, M.D., and St. Mary’s Hospital of Huntington, Inc., dba St. Mary’s Hospital (Huntington), Specialty Surgical Instrumentation, Inc. - 011818 - Medical malpractice plaintiff seeks to overturn lower court grant of summary judgment for failure to name an expert witness.   - Refused 3 - 2, Starcher, McGraw.

6.  Matthew Aaron Kerner v. Affordable Living, Inc., formerly know as The Buckhannon Home Show-Buckhannon, Inc. - 012065 - This is a renewed petition for appeal wherein the petitioner, The Home Show Buckhannon, Inc., appeals from an order entered  denying the petitioner's motion for relief under Rule 60(b) from an earlier order directing the enforcement of a $17,500 judgment against the petitioner and in favor of the respondent, Matthew Aaron Kerner. The petitioner contends that the judgment was originally rendered against the respondent's former employer, Affordable Living, Inc., and that the petitioner is a corporation separate from, and not a continuation of, Affordable Living, Inc. -  Granted 3 - 2, Davis & Maynard.