January 13, 2004 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, January 13, 2004

1.

North County Communications Corp. v. PSC of West Virginia & Verizon WV, Inc. - 032255 - No summary available. - Refuse 3-2, Starcher & Albright.

2.

Jincy Rouse v. Charleston Area Medical Center, Inc., et al. - 031487- Plaintiff below appeals the circuit court's order which granted defendants' motions to dismiss in a medical negligence case. The court found that plaintiff had failed to follow the Medical Professional Liability Act, as amended, by filing her lawsuit in advance of providing defendants with a notice of claim and by not timely filing a screening certificate of merit. The court held that plaintiff's complaint was of no force and effect, and that it is now too late to refile. - Refuse 4 - 1 , McGraw.

3.

State of W. Va. v. Olin M. Gaskins- 031270 - Defendant appeals from his convictions following a jury trial for the offenses of delivery of Schedule II controlled substance and delivery of an imitation controlled substance. Defendant also was sentenced to an indeterminate term of incarceration of 1 to 15 years upon his conviction for delivery of Schedule II controlled substance and 1 year incarceration in jail upon his conviction for delivery of an imitation controlled substance, said terms to run consecutively. The trial court further ordered that defendant serve at least two (2) years of the penitentiary sentence before being eligible for parole consideration. - Refuse 4 - 1 , Albright.

4.

Webster County Solid Waste Authority v. PSC of West Virginia, Richard Stout, Laken Eubank, Jr., Wilda Marie Hosey, Violet Short, Annabeth Riffle and West Virginia Association of Waste Haulers and Recyclers - 032374 - No summary available. - Refuse 5 - 0.

5.

Elenora P. Elam, Conservator/Guardian of Brenda Kay Elam, et al. v. Raleigh General Hospital, Inc., et al. - 031751 - Plaintiffs appeal the circuit court's order dismissing an amended complaint which alleged violations of the Unfair Trade Practices Act (UTPA). The court found that the UTPA claims did not relate back to the original complaint, resulting in a holding that the claims were not cognizable because they were filed after the effective date of a statutory amendment which prohibits UTPA claims against insurers of health care providers. - Grant 4 - 1 , Maynard.

6.

Michael K. McDaniel; Robin Krafft, etc. v. Genesis Steel Services, Inc., et al. - 031871 - Petitioner appeals from the circuit court's order granting full summary judgment for the defendant, WV DOH, and against the plaintiffs in a lawsuit regarding a construction accident during the erection of a new bridge on U.S. Route 50 in Grafton County, West Virginia. Plaintiffs settled with the other parties prior to trial. - Refuse 4 - 1 , McGraw.

1.	North County Communications Corp. v. PSC of West Virginia & Verizon WV, Inc. - 032255 - No summary available. - Refuse 3-2, Starcher & Albright.
2.	Jincy Rouse v. Charleston Area Medical Center, Inc., et al. - 031487- Plaintiff below appeals the circuit court's order which granted defendants' motions to dismiss in a medical negligence case. The court found that plaintiff had failed to follow the Medical Professional Liability Act, as amended, by filing her lawsuit in advance of providing defendants with a notice of claim and by not timely filing a screening certificate of merit. The court held that plaintiff's complaint was of no force and effect, and that it is now too late to refile. - Refuse 4 - 1 , McGraw.
3.	State of W. Va. v. Olin M. Gaskins- 031270 - Defendant appeals from his convictions following a jury trial for the offenses of delivery of Schedule II controlled substance and delivery of an imitation controlled substance. Defendant also was sentenced to an indeterminate term of incarceration of 1 to 15 years upon his conviction for delivery of Schedule II controlled substance and 1 year incarceration in jail upon his conviction for delivery of an imitation controlled substance, said terms to run consecutively. The trial court further ordered that defendant serve at least two (2) years of the penitentiary sentence before being eligible for parole consideration. - Refuse 4 - 1 , Albright.
4.	Webster County Solid Waste Authority v. PSC of West Virginia, Richard Stout, Laken Eubank, Jr., Wilda Marie Hosey, Violet Short, Annabeth Riffle and West Virginia Association of Waste Haulers and Recyclers - 032374 - No summary available. - Refuse 5 - 0.
5.	Elenora P. Elam, Conservator/Guardian of Brenda Kay Elam, et al. v. Raleigh General Hospital, Inc., et al. - 031751 - Plaintiffs appeal the circuit court's order dismissing an amended complaint which alleged violations of the Unfair Trade Practices Act (UTPA). The court found that the UTPA claims did not relate back to the original complaint, resulting in a holding that the claims were not cognizable because they were filed after the effective date of a statutory amendment which prohibits UTPA claims against insurers of health care providers. - Grant 4 - 1 , Maynard.
6.	Michael K. McDaniel; Robin Krafft, etc. v. Genesis Steel Services, Inc., et al. - 031871 - Petitioner appeals from the circuit court's order granting full summary judgment for the defendant, WV DOH, and against the plaintiffs in a lawsuit regarding a construction accident during the erection of a new bridge on U.S. Route 50 in Grafton County, West Virginia. Plaintiffs settled with the other parties prior to trial. - Refuse 4 - 1 , McGraw.