Supreme Court of Appeals of West Virginia
Argument
Docket
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Wednesday, January 10, 2001 1. Robin Lawson, Exe’x v. Hash and Benford, et al. - 28204 - Plaintiff appeals from the circuit court's order granting defendant Hash & Benford's motion to dismiss and its order denying plaintiff's motion to add Lee Benford as a party-defendant. Plaintiff seeks a reversal of these orders. 2. Fred Russell, Jr., et al. v. Bush & Burchett, Inc., et al. - 28398 - Fred and Rebecca Russell seek reversal of summary judgment of Circuit Court of Kanawha County in Fred Russell's deliberate intent personal injury suit against his employer and its' president. - Continued to March 7, 2001. 3. SER Donald Farmer, Jr. v. George Trent, Warden - 28399 - Farmer appeals the circuit court denial of his request to plead anew in his petition for a Writ of Habeas Corpus, claiming that the circuit court erred in failing to make adequate findings of fact and conclusions of law, in concluding that Farmer's pleas in the underlying criminal case were entered into freely, voluntarily, intelligently, knowingly and competently, and that the record does not demonstrate a factual basis for the element of intent of the Crime of First Degree Murder. 4. James Lawrence Robertson, Jr., Guardian, etc. v. Susan Morris, et al. - 28200 - The petitioners (hereinafter James L. Robertson) appeal a summary judgment order dismissing Susan Morris, the property owner where Mr. Robertson was seriously injured. 5. Chester Nutter, et al. v. Owens-Illinois, Inc. - 28243 - This is a deliberate intent action wherein the petitioners, Chester and Alma Nutter, appeal from a summary judgment granted by the Circuit Court of Cabell County in favor of Mr. Nutter's employer, respondent Owens-Illinois, Inc. Mr. Nutter, who allegedly suffered severe and permanent injury from inhaling carbon monoxide at work, contends that the Circuit Court erred in ruling that he failed to show: (1) that the respondent had a subjective realization of the unsafe working condition and (2) that the respondent intentionally exposed Mr. Nutter to that condition. 6. Nancy S. Frankel v. Andrew Howard Frankel - 28406 - Petitioner appeals the award of attorney's fees ($10,000) and half the court costs ($37.50) to his former wife in an action commenced pursuant to the Uniform Child Custody Jurisdiction Act, (W.V. Code 48-10-1 et seq.). On appeal, the petitioner argues that the circuit court was without authority under the act to award fees and costs. 7. RGIS Inventory Specialists v. Joseph M. Palmer, III, Tax Comm’r - 28212 - Tax Commissioner seeks reversal of lower court ruling that the inventory services provided by RGIS Inventory Specialists constitute "data processing services" which are exempt from sales tax. 8. Syncor International Corporation v. Joseph M. Palmer, III, Tax Comm’r - 28397 - The petitioner, Joseph M. Palmer, State Tax Commissioner, appeals from an order entered in the Circuit Court of Cabell County reversing the decision of the Office of Hearings and Appeals of the State Tax Department that respondent Syncor International Corporation's sales of nuclear medicines to medical service providers in West Virginia was subject to State sales tax. In reversing, the Circuit Court held that Syncor was entitled to the benefit of W.Va. Code, 11-15-9(n) [1993], which exempts the sale of drugs, dispensed upon prescription, to consumers for medical purposes. 9. Paul David Ratcliff, et al. v. John B. Cyrus, Jr., et al.- 28395 - Petitioners appeal from the circuit court's order granting in part and denying in part their motion for summary judgment and its order granting in part and denying in part respondent's motion for partial summary judgment, all of which arises out of a dispute between adjacent property owners to ascertain their respective rights to use a lane situated on petitioners' property. Petitioners seek a reversal and a remand of this action with directions that the circuit court enter an order permanently enjoining respondents or their invitees from any further use of the lane along with any other relief that this Court might deem appropriate. 10. Kevin A. Alden v. Harpers Ferry Police Civil Service Commission - 28211 - Former Harpers Ferry police officer seeks reversal of circuit court ruling upholding his termination. 11. Bonita Sue Hadox, et al. v. Raenna M. Martin, et al. - 28242 - Plaintiffs appeal from the jury verdict rendered in favor of defendant in this personal injury action arising out of a automobile accident. 12. James T. Wellman, et al. v. Energy Resources, Inc. - 28209 - Energy Resources, defendant below, appeals the grant of summary judgment in favor of the Wellmans, plaintiffs below. |
Thursday, November 08, 2001