Tuesday, January 9, 2001

1. SER Rose L., et al. v. Hon. David M. Pancake, Judge, et al.  - 27910 - No summary available. 

2. Edward L. Daniel v. Charleston Area Medical Center, Inc., et al.  - 28463 - The petitioner, Edward L. Daniel, appeals from a summary judgment granted in the Circuit Court of Kanawha County in favor of the respondent, Charleston Area Medical Center, Inc. The petitioner brought an action against CAMC arising from a fall he sustained when his hospital wheel chair collapsed. The Circuit Court ruled that, although expert testimony would not be required from the petitioner to establish a deviation from the standard of care, expert testimony would be required to establish the cause of the petitioner's alleged injuries. Therefore, as the Circuit Court stated, inasmuch as the petitioner failed to disclose a causation expert, summary judgment was warranted.- Continued to February 6, 2001.

3. Citizens Bank of Weston, Inc., et al. v. The City of Weston  - 28458 - Petitioners appeal from the circuit court's Opinion and Order in this declaratory judgment action upholding the City of Weston's recently enacted B & O Tax Ordinance rate-to-class structure. 

4. Eastern Steel Constructors, Inc., v. The City of Salem, et al.  - 28202 - Plaintiff, Eastern Steel Constructors, Inc., appeals from the circuit court's award of summary judgment in favor of defendant, Kanakanui Associates, in this action for breach of warranty of plans and specifications, negligence, and a third-party beneficiary theory of recovery for damages that plaintiff sustained as a result of delays in a sewage line construction project for the City of Salem.

5. Gregory Paul Edwards v. Rhonda Gay Stoddard Edwards  - 28213 - Petitioner appeals from the circuit court's order amending the onset date of child support and alimony.-  To be presented on briefs only without oral argument.

6. Christopher Wayne Taylor v. Barbara D. Hoffman, Adm’x, et al.  - 27777 - Plaintiff appeals from the circuit court's order granting summary judgment in favor of defendant, Barbara Hoffman, in plaintiff's action to establish paternity and share in the intestate Estate of Barry Hoffman, deceased.

7. The Estate of Berthold Stollings v. Division of Environmental Protection, et al.  - 27757 -  The petitioner, Berthold Stollings, appeals from an order entered in the Circuit Court of Logan County upholding a Level IV grievance decision that the petitioner, an employee of the West Virginia Division of Environmental Protection, was entitled to an Engineer III classification ( rather than an Engineer I classification ) but was not entitled to back pay and attorney fees. This appeal concerns the back pay and attorney fee issues. 

8. SER Aaron M. & Anthony H. v. WV Dept. of Health & Human Resources  - 28468 - No summary available. 

9. SER Danny Goodman v. Hon. Booker T. Stephens, Judge, et al.  - 28475 - Goodman, pro se, seeks a writ of mandamus and asks this Court to issue a rule to show cause ordering the McDowell County Circuit Court to grant him immediate due process, to transfer his case to another circuit court, or find that he was illegally represented by Abisi Cunningham, a disbarred attorney.  -  To be presented on briefs only without oral argument.

10. SER Eric Robinson v. Hon. Robert L. Holland, Jr., Judge  - 28476 - Robinson, pro se, seeks a writ of mandamus seeking to compel the Doddridge County Circuit Court to rule upon a pending Motion for Reconsideration filed on 6/4/99 and a pending Writ of Habeas Corpus filed on 5/17/00. -  To be presented on briefs only without oral argument.

11. SER William Eren v. Hon. Herman G. Canady, Jr., Judge  - 28474 - Petitioner, pro se, asserts that (1) his continued confinement at Huttonsville Correctional Center is illegal and in violation of his fundamental state and federal constitutional rights; (2) denial of his legal and constitutional rights; (3) ineffective assistance of counsel; (4) denial of a proper probation hearing; (5) improper sentence; (6) violation of his Constitutional rights due to the court's failure to schedule a hearing or rule upon his pro se motions for the production of documents. - Dismissed.

12. SER Ralph Franklin Stone v. William F. Vieweg, Comm’r  - 28485 - No summary available. -  Dismissed.

13. SER Westbrook Health Services, Inc. v. Hon. George W. Hill, Jr, Judge, et al.  - 28591 - Westbrook Health Services, Inc. petitions for a Writ of Prohibition, seeking to prevent Judge Hill from implementing his ruling granting Helen Wilson's Motion to Compel More Complete Discovery; Motion to Compel Testimony; Motion to Compel Production of Documents; and Motion for Sanctions. Westbrook claims that the Respondent Judge exceeded his legitimate powers in finding that no employee, other than an officer of director of a corporation, is entitled to assert the attorney-client privilege and that there is no right of privacy that attaches to employment records of past and present employees.