Tuesday, January 8, 2002

1.  Douglas Brown, Adm. of the Estate of Leah Brown v. City of Wheeling - 011151 -  Wrongful death plaintiff challenges lower court's entry of summary judgment finding the City to be immune in a suit arising from an automobile accident. - Granted 3-2, Davis, Maynard . 



2.  Harold Pannell and Diversified Contractors, Inc. v. Columbia Sussex Corporation - 011212 - Plaintiffs, Harold Pannell and Diversified Contractors appeal from the circuit court's order granting defendant's motion to dismiss.   -  Granted 4-1, Maynard. 


3. State of W. Va. v. Bryan Keith McClead - 011191 - Petitioner seeks reversal of his conviction of third offense DUI and driving on suspended for DUI second offense on the ground that he was denied the right to consult with his attorney before taking a secondary chemical blood test. - Granted 3-2, Davis, Maynard . 

4. Clyde Emigh, Charles Robinette, Michael Gary Mower, and Troy Wills v. WV Department of Health & Human Resources, Div. of Environmental Engineering & Div. of Personnel - 011194 -  Petitioners appeal from the circuit court's order affirming the decision of the administrative law judge that denied their claim of discrimination and favoritism. Refused 4- 1, McGraw. 

 5.  Trafalgar House Construction, Inc., Kimberly Industries, Inc., Trafalgar, Ltd. and Corotoman, Inc. v. ZMM, Inc., Chapman Technical Group, Ltd., H. D. Nutting Co., and DMJM/HTB, Inc.  - 011181 - Plaintiffs, Trafalgar House Construction, etc.  appeal from the circuit court's award of summary judgment in favor of defendants' finding that plaintiffs' claim was time-barred because plaintiffs either knew, or reasonably should have known, the defendants caused their injuries more than 2 years before plaintiffs filed their action.  -  Granted 4-1, Davis. 

6.  State of W. Va. v. William Braham  - 011633 - Petitioner who was convicted of the felony offense of fraudulent schemes seeks to appeal his conviction challenging the constitutionality of the underlying criminal statute and for several rulings related to the trial.  - Granted 3-2, Davis, Maynard . 

7.  Virgil L. Payne v. West Virginia Public Service Commission - 012210 - No summary available. - Deferred.

8.  D. R., legal guardian of J.S.; and T.P., individually and as parent or legal guardian of
J.S. and C.S. v. The Salvation Army and Richard Gay, III  -  011706 - Plaintiff below, D. R., legal guardian of J.S.; and T.P., etc. seeks to appeal lower court ruling that defendant's employer would not be liable for punitive damage award awarded against employee acting within the scope of his employment. - Refused 5- 0.

9. D. R., legal guardian of J.S.; and T.P., individually and as parent or legal guardian ofJ.S. and C.S. v. The Salvation Army and Richard Gay, III - 012097 - Salvation Army seeks to appeal trial court's denial of its motion for judgment as a matter of law as to whether a counselor defendant was acting within the scope of his employment when he assaulted the plaintiff.   - Refused 5- 0.

10.  State of W. Va. v. Willie Bernard McGee, Jr.  - 011688 - Defendant appeals from his conviction for first degree murder and asserts evidentiary and instructional error. He was sentenced to life in prison with a recommendation of mercy.   - Refused 3 - 2, Starcher, Albright.