Wednesday, January 12, 2000

1.  Expedited Transportation Systems, Inc. v. William Vieweg, Commissioner - 26635 - The petitioner, Workers' Compensation Division, appeals from a decision of the Circuit Court of Kanawha County holding that the respondent, Expedited Transportation Systems, Inc. , was not a successor corporation to Trucks, Trains and Planes, Inc., and, therefore, was not liable for Trucks, Trains and Planes, Inc.'s unpaid workers' compensation premiums. 

2.   Board of Education of Kanawha Co. v. Quincy Coal Co., et al. - 26604 - Petitioner appeals from an order of the circuit court ruling that petitioner did not hold an easement over a certain parcel of real estate.  

3.  Patsy L. Rose v. Thomas Memorial Hospital Foundation, Inc. - 26603 - Plaintiff appeals from the circuit court's order dismissing with prejudice the amended complaint filed against Herbert J. Thomas Memorial Hospital Association - Rescheduled to May 3, 2000. 

4.  UB Services, Inc. v. Cathy S. Gatson, Circuit Clerk, et al. - 26565 - Petitioner appeals from the circuit court's order affirming the decision of the Department of Employment Security's Board of Review.  

5.  Estate of Hulda Davis, by Exex. v. Farmers Mutual Insurance Co. - 26559 - Plaintiff appeals order granting defendant's motion for summary judgment.  

6.   In Re: Taylor B. - 26572 -  Dismissed 

7.   Board of Education of Mercer County v. Kitty Townsend -  26600 - Petitioner appeals the Circuit Court's reversal of the ALJ's decision requiring Respondent to credit Petitioner with a year of seniority for working more than 133 days as a substitute teacher during the 1989 to 1990 school year. 

8.   Donald E. Ingram, Jr. v. City of Princeton - 26351 - Defendant City of Princeton appeals from a jury verdict awarding Plaintiff compensation for unused sick leave under West Virginia's Wage Payment and Collection Act.  

9.    Anthony Iafolla v. Thomas Ray Trent, Adm. - 26558 - The petitioner, Anthony Iafolla, appeals from an order entered in the Circuit Court of Mingo County granting summary judgment in favor of the petitioner's insurer, Travelers Insurance.  The Circuit Court held that the anti-stacking language of the insurance policy precluded the petitioner's claim for additional underinsured motorist coverage, especially since the petitioner received a multi-car discount upon the premiums for the covered vehicles.  

10.  Mingo County Redevelopment Authority v. James Green, Sr., et al. - 26601 - The State Auditor and the Mingo County Deputy Commissioner of Delinquent and Non-entered Lands appeals a lower court order voiding a deed from the State Auditor and the Commissioner to another individual.  - This case will be submitted on briefs only without oral argument. 

11.  Catherine H. Reynolds, et al. v. City Hospital, Inc., et al. - 25831 - Plaintiff appeals an adverse jury verdict, the denial of a motion to set aside the verdict and the denial of a motion for a new trial in a medical malpractice action.  

12.   Wilma E. Vargo, Executrix v. Sandra L. Pine, et al. - 26111 - The petitioner, Wilma E. Vargo, appeals from a jury verdict returned in the Circuit Court of Brooke County in a wrongful death action.  The petitioner, inter alia, contends that the verdict was inadequate.  Rescheduled to May 3, 2000.