Requests for Oral Presentation
and
Petitions for Appeal
July 15, 1999
1. Antoinette Cupano v. WV Insurance
Guarantee, No. 991540. Plaintiff appeals from a circuit court's order granting
summary judgment in favor of defendant.
Accept for Motion Docket
2. Steven C. Petrey v. Joe Miller, Comm'.,
No. 991541. Commissioner appeals from an order of the circuit court granting the
administrative appeal and dismissing the administrative order suspending the license of
respondent herein.
Grant Petition 3-2
[Starcher, C.J. and McGraw, J.]
3. Thelma J. Dalton v. John Doe,
No. 991543. Plaintiff appeals from a circuit court's order granting summary judgment in
favor of the uninsured motorist carriers.
Grant Petition 5-0
4. State of West Virginia v. Lawrence
Christian, No. 991550. Defendant appeals from his conviction of voluntary
manslaughter for which he received a sentence of 12 years in the state penitentiary.
Grant Petition 5-0
5. State of West Virginia v. Sammie Woolridge,
No. 991552. Defendant appeals from his conviction of the offense of grand larceny for
which he received a sentence of 6 months in the Pleasants County Jail.
Refuse Petition 5-0
6. Russie E. Phares v. Stanley
Vandevender, No. 991554. The petitioner, Rosemary Parsons, appeals from an order
of the Circuit Court of Webster County modifying a previous judgment favorable to her.
According to Parsons, the intervening refusal by this Court of an appeal rendered the
judgment permanent and not subject to modification.
Grant Petition 4-1
[Starcher, C.J.]
7. Carl Ray Moffatt v. William Whitting, et
al., No. 991562. The petitioner, Carl Ray Moffatt, appeals from an order entered
in the Circuit Court of Kanawha County granting summary judgment in favor of respondent
Erie. The Circuit Court held that the “owned but not insured” exclusion
contained in the insurance policy issued by Erie precluded the petitioner's claim for
underinsured motorist coverage.
Refuse Petition 3-2
[Davis, J. and McGraw, J.]
8. State of West Virginia v. Jonathan S.,
No. 991563. The petitioner, Jonathan S., appeals from an order entered in the Circuit
Court of Wood County denying his motion for a new trial following his convictions, upon a
juvenile delinquency petition, of petit larceny and destruction of property. The
petitioner contends that testimony from a prosecution witness concerning a security video
warranted a mistrial.
Refuse Petition 5-0
9. Cynthia Sue Malcomb v. Elizabeth Clemens, No.
991564. The petitioners, Cynthia and Anthony Malcomb, appeal from an order entered in the
Circuit Court of Nicholas County granting summary judgment in favor of the respondents.
Cynthia Malcomb was injured in a fall upon the respondent's property, and the petitioners
ask this Court to abandon the invitee-licensee distinction.
Under Advisement
10. Donald R. Adams v. Betty Ireland, No.
991565. The petitioners, Donald R. Adams and Mary Sue Adams, appeal from an order entered
in the Circuit Court of Kanawha County dismissing their action to compel the respondents
to recalculate Mr. Adam's state retirement annuity. The petitioners contend that Mr.
Adams' accrued, unused annual leave should have been included in his final average salary
computation for retirement purposes.
Grant Petition 4-1
[Maynard, J.]