Tuesday, February 6, 2001

1. Joyce A. Watson, Adm’x, et al. v. Inco Alloys International., et al.  - 28469 - Plaintiff appeals from the circuit court's award of summary judgment in favor of defendant in this wrongful death and deliberate intent action after the court had granted defendant's motion in limine excluding the testimony of the plaintiff's sole expert.

2. Antco, Inc., et al. v. Dodge Fuel Corporation  - 28467 - Plaintiffs appeal from the circuit court's award of partial summary judgment in favor of defendant finding that plaintiffs, at the time of the purchase of certain real estate, made a knowing waiver of subjacent support and that W.Va. Code §22-3-14 and Title 38, CSR 2, §16.2(c)(2) did not invalidate the waiver of subjacent support. -  Continued to March 7, 2001. 

3. SER Hairm King Gilbert v. William S. Haines, Warden  - 28477 - Warden Haines appeals the circuit court order granting Gilbert's petition for a Writ of Habeas Corpus. -  Dismissed.

4. Gary A. Hedrick v. Grant County Public Service District  - 28472 - Plaintiff seeks to appeal the lower court's granting of a motion to dismiss his claims against the Grant County Public Service District. -   To be presented on briefs only without oral argument.

5. Sheetz, Inc. v. Bowles Rice McDavid Graff & Love, PLLC v. Andrews & Wagner  - 28470 - Pursuant to W.Va. Code § 51-1A-3 (1998), the United States District Court for the Northern District of West Virginia certifies questions of law to this Court.  QUESTIONS OF LAW TO BE ANSWERED: 1. Is the "advice of counsel defense" an absolute bar to any claim for punitive damages in a wrongful termination of employment claim in West Virginia? 2. Do the doctrines of joint tortfeasor and right of contribution apply in the legal malpractice context of a client's predecessor law firm and successor law firm, each of whose respective conduct is separated by an intervening trial caused by the predecessor law firm's alleged legal malpractice? 3. Does West Virginia law allow the use of lawyers as experts in legal malpractice cases? 4. Is a plaintiff's own testimony of both an aggravation of a prior physical injury and emotional distress a "sufficient quantifiable measure" to sustain a verdict for both emotional distress and punitive damages or, must a plaintiff produce "substantial and concrete" evidence of serious physical injury to avoid application of the double-recovery preclusion?

6. Edward L. Daniel v. Charleston Area Medical Center, Inc., et al.  - 28463 - The petitioner, Edward L. Daniel, appeals from a summary judgment granted in the Circuit Court of Kanawha County in favor of the respondent, Charleston Area Medical Center, Inc. The petitioner brought an action against CAMC arising from a fall he sustained when his hospital wheel chair collapsed. The Circuit Court ruled that, although expert testimony would not be required from the petitioner to establish a deviation from the standard of care, expert testimony would be required to establish the cause of the petitioner's alleged injuries. Therefore, as the Circuit Court stated, inasmuch as the petitioner failed to disclose a causation expert, summary judgment was warranted.

7. SER Ronald Dee Carpenter v. Hon. Paul Zakaib, Judge  - 28715 - Carpenter, pro se, seeks a writ of mandamus seeking to compel Judge Zakaib to hold a final hearing based upon his pending Motion to Schedule Status Conference and to order Judge Zakaib to rule upon his pending Motion for Habeas Corpus relief.  - Dismissed as moot.

8. SER Patricia E. McLaughlin, etc. v. WV Court of Claims, et al.  - 28716 - No summary available. 

9. SER Dallas R. Copley v. William F. Vieweg, Comm’r  - 28717 - Copley seeks a Writ of Mandamus directing the Worker's Compensation Division to enter an order either authorizing or denying payment for medication to treat his diabetes and hypertension.  -  Dismissed.

10. SER Drs. Black, Jackfert, Gilbert & Yates, Inc., et al. v. Hon. A. Andrew MacQueen, III -  28718 -  Dismissed.

11. SER Ronnie Lee S. v. Hon. Herman G. Canady, Jr., Judge, et al.  - 28726 - Plaintiffs seek to appeal judgment order which omitted damages of $88,928 for lost wages awarded by the jury. Dismissed.

12. Jeremy M. Hart v. National Collegiate Athletic Association, et al.  - 28887 - No summary available.