June 26, 2003
1. Jaclyn Burless and Brinley Price v. West Virginia University Hospitals, Inc. - No. 030794. Plaintiffs appeal from the circuit court’s award of summary judgment in favor of defendants in this medical negligence action based upon ostensible and actual agency of the residents and the attending physicians.
Grant 3-2
[ Davis, J., Maynard, J. ]2. Meloney Pritt v. West Virginia University Hospitals, Inc. - No. 022480. Plaintiff appeals from the circuit court’s order granting summary judgment in favor of defendant, West Virginia University Hospitals, Inc., finding that there was no agency relationship between the physician residents treating plaintiff and the hospital.
Grant 3-2
[ Davis, J., Maynard, J. ]3. West Virginia Department of Transportation v. Darden Properties, et al. - No. 030564. The Division of Highways appeals from the jury’s verdict of $2.3 million in this action in eminent domain. The Division of Highways seeks to have the verdict set aside and a new trial granted.
Accept To Motion Docket
4. State of West Virginia v. Joseph C. Thompson - No. 030619. Defendant files this appeal challenging the constitutionality and proportionality of a three-year sentence for one misdemeanor conviction, which resulted in a total jail sentence of four years for two misdemeanor convictions.
Refuse 5-0
5. Margaret L. Workman v. H. Truman Chafin - No. 030567. Petitioner appeals from the circuit court’s award of summary judgment in favor of defendants in this action for malicious prosecution, abuse of process, defamation, and the tort of outrageous conduct.
Refuse 4- 0
[ Davis, J. Disqualified ]6. Charles Kocher v. Oxford Life Insurance Company - No. 030568. This action arises from a credit life and disability policy issued by defendant to plaintiff in connection with plaintiff’s purchase of a truck. Plaintiff sued defendant seeking damages for breach of contract, statutory unfair claims settlement practices, and breach of the implied covenant of good faith and fair dealing. Following the trial court’s entry of default judgment against defendant insurer as a sanction for discovery violations, a jury returned a damages verdict in favor of plaintiff in the aggregate principal amount of $39,012,039.60. Defendant asserts various errors.
Accept To Motion Docket
7. Mark A. Whitley v. West Virginia Department of Motor Vehicles - No. 030569. The Division of Motor Vehicles seeks a reversal of the circuit court’s order, which reversed the administrative order revoking respondent’s driver’s license for 6 months for DUI and for 1 year for failure to submit to the secondary chemical test, those periods of revocation to run concurrently.
Refuse 3-2
[ Starcher, C.J., Davis, J. ]8. Daniel L. McFadden v.Rebecca Melton Craig, Tax Commissioner - No. 030575. Petitioners, taxpayers, appeal from the circuit court’s order affirming the decision of the administrative law judge denying their claim for a refund as barred by the statute of limitations in W.Va. Code §11-10-14(d). Taxpayers assert that they were not seeking a refund but were claiming an exemption under W.Va. Code §11-21-12(c)(6).
Refuse 5-0
9. SER Henry P. Persinger v. Howard Painter, Warden - No. 030577. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus. Petitioner contends that he is entitled to a new trial during which he should be allowed to introduce evidence of specific acts of prior sexual abuse of the alleged victim and the other children by other family members.
Refuse 4- 1
[ Starcher, C. J. ]10. General Motors Corp. v. WVHRC/Hubert J. Smith - No. 030325. Petitioner appeals the circuit court’s order which reversed a decision of the West Virginia Human Rights Commission. The circuit court found that petitioner’s disability discrimination claim was preempted by LMRA and ERISA, and that the respondent had been following a bona fide pension/retirement plan when refusing to reinstate petitioner’s employment thus the statutory definition of "unlawful discriminatory practices" was not met.
Grant 3-2
[ Davis, J., Maynard, J. ]11. State of West Virginia v. Charles Floyd O’Brien See - No. 030579. Petitioner asserts that his sentence of two to ten years is unconstitutionally disproportionate to the circumstances of his crimes, possession of a controlled substance with intent to deliver.
Refuse 4- 1
[ Starcher, C. J. ]12. Amalgamated Transit Union Local 1742 v. Mid-Ohio Valley Transit Authority - No. 030581. Petitioner, a municipal corporation, appeals the circuit court’s order which found that arbitration language in an employment contract was mandatory, not permissive, and which ordered petitioner to proceed with binding arbitration.
Refuse 5-0
13. Eugene A. McKenzie v. Princess Polly Anna Coal, Inc. - No. 030584. Petitioner appeals the circuit court’s granting of summary judgment to respondent. Petitioner asserts that he is entitled to commissions based upon an oral contract for brokering coal sales from respondent to Pittston Coal Company.
Refuse 3-2
[ Starcher, C.J., McGraw, J. ]14. Walter P. McDerment, Sr. v. Providian National Bank - No. 030585. Petitioner Providian National Bank appeals adverse circuit court rulings and jury verdicts on fraud and negligence claims. Respondents, Mr. and Mrs. McDerment, were credit card holders who prevailed on claims that the petitioner bank had committed fraud and negligence by not raising their credit limit as promised and by not following through on a balance transfer.
Refuse 3- 2
[ Davis, J., Maynard, J. ]15. Jenica Bolden v. David M. Salyers - No. 030586. Petitioner appeals the circuit court’s order affirming a decision of the family court to modify a parenting plan and ultimately give primary residential parenting to the respondent.
Refuse 5-0
16. Edward L. Reed v. Roger Pritt, Commissioner Department of Motor Vehicles - No. 030613. The Commissioner of the Division of Motor Vehicles appeals the Circuit Court’s order which reversed a decision of the Commissioner to suspend respondent’s driver’s license for driving while under the influence of alcohol.
Grant 3-2
[ McGraw, J., Albright, J. ]17. SER Ralph Claypoole, Jr. v. Tim Bowen, Administrator - No. 030614. Petitioner appeals the denial of his petition for a writ of habeas corpus. He asserts that the WV Division of Corrections denied him due process in his parole revocation.
Refuse 4- 0
[ Starcher, C. J. Not Participating ]18. Linda S. Bush v. Board of Review, West Virginia Bureau of Employment Programs - No. 030618. Petitioner appeals the denial of her Unemployment Compensation claim.
Refuse 4- 1
[ McGraw, J. ]19. State of West Virginia v. Jimmie Meccya Williams - No. 030566. Petitioner appeals his conviction for two felony counts of third degree sexual assault. He alleges that his conviction violated double jeopardy, that illegal wiretapping evidence was used against him, and that the court erred by not crediting him with time served.
Accept To Motion Docket
20. Thomas Keene v. Beneficial W.V., Inc. - No. 030620. Petitioner Beneficial West Virginia Inc., a defendant below, appeals the circuit court’s order denying its motion to compel arbitration.
Refuse 4- 1
[ Maynard, J. ]21. State of West Virginia v. Morris David Jackson - No. 030615. Petitioner appeals from his conviction of felony abuse by a custodian. The petitioner seeks a new trial with appropriate jury instructions on the meaning of "substantial injury."
Grant 4- 1
[ McGraw, J. ]22. Fruth, Inc. v. Herbert Bass, Jr., T/A Kanawha Valley Maintenance, and Evcot Construction Company, Inc., No. 030636. Petitioner appeals from the circuit court’s order granting Summary Judgment in favor of the defendants and dismissing the case with prejudice. On appeal, the petitioner seeks a remand to the Mason County Circuit Court for a new trial.
Refuse 4- 1
[ McGraw, J. ]23. In the Matter of Shawn Johnson v. Edward Rudloff, as Administrator for the Eastern Regional Jail - No. 030637. Petitioner appeals from the circuit court’s order denying his petition for Writ of Habeas Corpus. On appeal, petitioner seeks reversal of the order.
Accept To Motion Docket
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