June 21, 2000
1. Bonita S. Hadox v. Raenna M. Martin, No. 000768. Plaintiffs appeal from the jury verdict rendered in favor of defendant in this personal injury action arising out of an automobile accident.
Accept for Sept. 19, 2000 Motion Docket.
2. In Re: John D. D., Juvenile, No. 000792. Petitioner appeals from the circuit court’s order sentencing him to the West Virginia Industrial Home for Youth for a period of one year instead of placing him on probation, the least restrictive alternative.
Refuse 5-0
3. Jonella R. Yates v. University of WV Trustees., No. 000793. Plaintiffs appeal from the jury verdict returned in favor of defendant in this medical malpractice action.
Accept for Sept. 19, 2000 Motion Docket.
4. Michelle D. Layne v. D & S Realty Co., No. 000851. Plaintiff appeals from the jury verdict awarded in her favor in this personal injury action. She requests a new trial on the issue of damages alone.
Refuse 4-1
[McGraw, J.]
5. Radec, Inc. v. Mountaineer Coal Development Co., No. 27804. Defendant appeals from the circuit court’s denial of its renewed motion for judgment as a matter of law and/or for a new trial and/or for a remittitur in this action for damages alleging breech of oral contract and fraud. The jury returned a verdict in favor of plaintiff in the amount of $89,629.89 in compensatory damages and $1,541,658 in punitive damages. Defendant seeks a new trial.
Grant 4-1
[McGraw, J.]
6. Lois M. Kimble v. Larry A. Kimble, No. 000994. Petitioner husband appeals from the circuit court’s order directing him to pay permanent alimony and child support.
Refuse 5-0
7. Randolph County Bd. Of Education v. Phillip J. Hudok, No. 000995. Petitioner, Board of Education, seeks a reversal of the circuit court’s order finding in favor of the respondent on his claims related to his discharge from his position as a science teacher.
Refuse 3-2
[Maynard, C.J., Scott, J.]
8. Junkyard, Inc. v. O. Ames Co., No. 000997. Plaintiff appeals from the circuit court’s award of summary judgment in favor of defendant in this action to recover rent.
Refuse 3-2
[McGraw, J., Scott, J.]
9. Curtis Louden, et al. v. Div. of Environmental Protection, et al., No. 000998. Petitioner, Michael Castle, Director of West Virginia Division of Environmental Protection, appeals from the circuit court’s final order awarding attorney’s fees in a mooted administrative appeal.
Accept for Nov. 28, 2000 Motion Docket.
10. State of West Virginia v. Matthew D. Cochran, No. 001001. Defendant appeals from the circuit court’s order affirming defendant’s magistrate court convictions for brandishing and obstructing and his sentence of consecutive 6 months sentences and fine. Defendant seeks a reversal of the convictions.
Refuse 5-0
11. Cincinnati Insurance Co. v. Hugh Mills, Jr., No. 27805. Plaintiff insurer seeks a reversal of the circuit court’s declaratory judgment finding first-party coverage under a general liability policy for a claim made by the insured without any third-party claim.
Grant 3-2
[Starcher, J., McGraw, J.]
12. State of West Virginia v. Peter Joseph Davis, No. 001008. The petitioner, Peter Joseph Davis, appeals from his conviction in the Circuit Court of Monongalia County, upon a conditional nolo contendere plea, of the misdemeanor offense of using non-taxed, red dyed diesel fuel in his pickup truck. In contending that the Circuit Court committed error in denying the petitioner’s motion to suppress the fuel seized from his vehicle, the petitioner raises a constitutional challenge to the statutory scheme concerning the offense.
Refuse 3-2
[Starcher, J., McGraw, J.]
13. Karen D. Frye v. Gary S. Frye, No. 001011. The petitioner, Karen D. Frye, appeals from an order entered in the Circuit Court of Ohio County adopting the recommendations of the Family Law Master in the parties’ divorce action. The issues before this Court concern the visitation rights of the respondent, Gary S. Frye, with regard to the parties’ daughter.
Refuse 5-0
14. Fort Knocks, Inc. v. Donald Stemple, Liquor Comm’r., No. 001013. The petitioner, Fort Knock’s Inc., appeals from an order entered in the Circuit Court of Kanawha County holding that the petitioner’s appeal to the Circuit Court from an adverse ruling of the respondent, the West Virginia Alcohol Beverage Control Commission, was untimely. The issue before this Court is whether the time for appeal from an ABCC ruling to a circuit court is governed by the West Virginia Administrative Procedures Act or by an ABCC statute which refers to such appeals.
Refuse 4-1
[Starcher, J.]
15. H. Truman Chafin v. Margaret L. Workman, No. 001015. The petitioner, H. Truman Chafin, appeals from an order entered in the Circuit Court of Kanawha County dismissing his amended complaint against respondents Margaret L. Workman, Stephanie Callaghan and Gretchen O. Lewis. The amended complaint alleged that the respondents conspired at the appellate level to deny the petitioner a fair consideration of the divorce action involving the petitioner and respondent Lewis. The dismissal by the Circuit Court was based upon findings of judicial immunity and a determination that the amended complaint failed to state a claim upon which relief could be granted.
Refuse 2-1
[McGraw, J.]
[Maynard, C.J., Davis, J., Disqualified]
16. Kevin M. Lee v. The Gentlemen’s Club, Inc., No. 27806. The petitioner, The Gentlemen’s Club, Inc., appeals from an order of the Circuit Court of Harrison County refusing to set aside a default judgment entered against the petitioner and in favor of the respondent, Kevin M. Lee. Although the Secretary of State sent a copy of the summons and complaint to the petitioner’s managing officer by certified mail, the managing officer contends that he was not aware of the lawsuit until after a default judgment was entered.
Grant 3-2
[Starcher, J., McGraw, J.]
17. Dairyland Ins. Co. v. Joyce Fox, Administratrix of the Estate of Anthony Adkins, No. 001017. The petitioner, State Farm Mutual Insurance Company, appeals from a summary judgment entered in the Circuit Court of Summers County in favor of the respondent, the Estate of Anthony Adkins. Mr. Adkins, a passenger, was killed in an accident involving a vehicle insured by the Dairyland Insurance Company. Mr. Adkins’ parents had two separate State Farm policies insuring two separate vehicles. The Circuit Court held that the respondent Estate is entitled to stack the limits of underinsured coverage under the two policies issued by State Farm.
Accept for Oct. 31, 2000 Motion Docket.
18. State of WV v. Chad G. Coleman, No. 27807. The petitioner, Chad Coleman, challenges his conviction in the Circuit Court of Ohio County of third offense driving under the influence of alcohol, a felony. The petitioner raises a number of assignments of error, including a assertion that the Circuit Court erred in instructing the jury that certain evidence of the State constituted prima facie evidence that the petitioner was under the influence of alcohol.
Grant 3-2
[Maynard, C.J., Davis, J.]
19. Paul Dempsey v. Jean Dean, Mayor of City of Huntington, No. 001019. The petitioners, Paul Demsey, Jr., and Barbara G. Dempsey, appeal from an order entered in the Circuit Court of Cabell County denying the petitioners relief in mandamus against the respondent, the City of Huntington. The petitioners contend that the City failed to follow its own zoning regulations in granting Cabell-Huntington Hospital’s application to expand its parking areas.
Refuse 3-2
[Starcher, J., McGraw, J.]
20. State of West Virginia v. Joshua Davis, No. 001020. The petitioner, Joshua Davis, challenges his conviction in the Circuit Court of Marion County of second offense driving under the influence, a misdemeanor. One of the assignments of error raised by the petitioner concerns the validity of the result of the intoxilyzer test administered to the petitioner following his arrest.
Refuse 5-0
21. Chester Nutter v. Owens-Illinois, Inc., No. 001021. This is a deliberate intent action wherein the petitioners, Chester and Alma Nutter, appeal from a summary judgment granted by the Circuit Court of Cabell County in favor of Mr. Nutter’s employer, respondent Owens-Illinois, Inc. Mr. Nutter, who allegedly suffered severe and permanent injury from inhaling carbon monoxide at work, contends that the Circuit Court erred in ruling that he failed to show: (1) that the respondent had a subjective realization of the unsafe working condition and (2) that the respondent intentionally exposed Mr. Nutter to that condition.
Accept for Sept. 19, 2000 Motion Docket.
22. Tracy L. Goodwin, et al. v. Stephen H. Bush, No. 001022. Plaintiffs appeal jury verdict for defendant in a medical malpractice action.
Accept for Nov. 28, 2000 Motion Docket.
[Davis, J., Not Participating]
23. Richard P. Driver v. Mary E. Driver, No. 27808.
Petitioner, ex-husband, appeals award of permanent alimony.
Grant 3-2
[Davis, J., Scott, J.]
24. Martha A. Green and Kathy E. Bostic v. Kanawha County Bd. of Education and Fred Buckley, No. 001024. Petitioners appeal order of lower court affirming Grievance Board’s dismissal of a grievance as untimely.
Refuse 3-2
[Maynard, C.J., McGraw, J.]