Tuesday, January 11, 2000

1.  State of West Virginia v. Marvin D. Sugg - 991835 - Defendant appeals conviction of malicious assault on a state correctional officer. Defendant was sentenced to 3 to 15 years.  Refused 5-0

2. State of West Virginia v. Carl E. Lockhart - 991876 - This appeal by the petitioner, Carl E. Lockhart, is a follow up to State v. Lockhart, 200 W.Va. 479 (1997), wherein this Court remanded the case to the Circuit Court of Wood County to afford the petitioner an opportunity to develop the record with regard to the insanity defense of Dissociative Identity Disorder.  Prior to the remand, the petitioner's various sentences with regard to the events at issue included confinement in the penitentiary for life.  The petitioner contends that the evidence submitted upon remand was such that the Circuit Court should have awarded him a new trial.  Granted 4-1, Maynard

3.  State of West Virginia v. Orville Taft Kitchen, III - 992131 - Defendant appeals from his kidnapping conviction for which he received a sentence of 60 years in the penitentiary.  Granted 3-2, McGraw & Scott

4.  Heather Lang, Administratrix of the Estate of Michael Edward Lang v. Debra E. Williams, Administratrix of the Estate of Daniel Erwin Williams - 992377 - Plaintiff appeals from the circuit court's ruling that her claim was governed by the Federal Tort Claims Act and that any claim filed in the state court was preempted by federal law. Granted 4-1, Scott

5.  Robert L. Boggess v. WCD/Union Carbide Corporation - 992818 - No summary available.
Granted 5-0

6.  Robert L. Payne v. WCD/Affiliated Transport, Inc., Montgomery Tank Lines and Chemical Leaman Tank Lines - 992860 -  No summary available. Granted 5-0

7.  Erin Smith v. Animal Urgent Care, Inc. v. American States Insurance Company - 992500- The petitioner and third-party plaintiff, Animal Urgent Care, appeals from an order entered in the Circuit Court of Ohio County granting summary judgment in favor of the respondent and third-party defendant, American States Insurance Company.  The Circuit Court determined that the exclusionary clauses of the insurance policy issued by the respondent precluded coverage with regard to a sexual harassment action filed against the petitioner.  Granted 4-1, Scott

8. State ex rel. Nationwide Mutual Insurance Co., and G. Craig Sherman v. Hon. John T. Madden, Judge, Meagan Barker, an infant, by her guardian, Bradley Barker, individually, and in behalf of all others similarly situated - 993133 - No summary available. Refused 3-2, Maynard & Scott