June 6, 2005 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, June 6, 2006

1. KKB, LLC v. Fifth Third Bank - 052867 - Petitioner files an appeal from the circuit court's order dismissing the action by granting summary judgment in favor of Fifth Third bank. The circuit court found that KKB "did specifically negotiate" Agreement ś5; that the parties intended Agreement ś5 as an "alternative to performance"; and that KKB "should not have agreed to a specific liquidated damages clause if it wanted different relief upon the seller's default." - Refuse 5 - 0.

2. Raman Kalyanaraman & Meena Kalyanarman v. Bayer Corporation & James Taylor - 060044 - Plaintiffs appeal from the circuit court's order denying their motion for a new trial following an adverse jury verdict in this deliberate intent cause of action. - Refuse 4 - 1, Davis.

3. Estate of Stephen Martin, by Peggy Martin, Executrix. v. Mason County Commission; Scott Simms, Sheriff, et al.- 060132 - Plaintiff appeals from the circuit court's order dismissing her wrongful death action pursuant to West Virginia Rules of Civil Procedure, Rule 12(b)(6). - Refuse 4 - 1, Starcher.

4. American Disposal Services of W. Va., Inc. v. PSC of West Virginia & Jacob F. Jochum, Jr. - 060475 - Petitioner appeals a PSC order granting a Certificate of Need. - Refuse 4 - 0, Benjamin disqualified.

5. John Barbina, and as parent of Anissa Barbina v. Charles Curry, Kelley A. Curry, WV DH&HR, Lori Glover, Clark Sinclair, Sheriff, &. Valley Comprehensive Community Mental Health Center, Inc. - 060618 - Petitioner appeals the circuit court's granting of summary judgment in favor of respondents. The case involves a civil suit arising out of an infant being sexually abused by Charles Curry and the abuse being negligently reported, as well as her being delayed the receipt of services for years due to a systemic neglect. - Grant 5 - 0.

6. SER Carroll Eugene Humphries v. Thomas McBride, Warden - 060626 - Petitioner appeals the circuit court's denial of his Writ of Habeas Corpus request. Petitioner was convicted by a jury on July 30, 1999, of one count of felony offense of accessory before the fact to murder of the first degree, and one count of the felony offense of conspiracy to commit murder. - Grant 5 - 0.

7. Sarina L. Davis, Administratrix of the Estate of Elizabeth K. Westen v. Mound View Health Care, Inc. - 060669 - Plaintiff appeals the circuit court's order dismissing her medical malpractice/wrongful death lawsuit for failure to adhere to the pre-filing requirements of the Medical Professional Liability Act. - Grant 3 - 2 , Maynard & Benjamin.

8. State of W. Va. v. Gary Dale Loudermilk - 060489 - Petitioner entered a plea to the offense of child abuse by a parent or guardian. As a result of his plea, petitioner was sentenced to an indeterminate period of not less than 10 years nor more than 20 years. Petitioner appeals his sentencing order by arguing that the Circuit Court failed to fully consider alternative sentences. - Refuse 4 - 1, Starcher.

9. Roger Bible and Anna Bible v. Beverly Suddath, dba Home Towne Floor Covering - 060353 - Plaintiffs appeal from the circuit court's order finding in favor of defendant following a bench trial and directing plaintiffs to pay the balance of their contractual obligation to defendant in the amount of $4088.10, as well as defendant's attorney's fees. - Refuse 4 - 1, Benjamin.

10. State of W. Va. v. Bryan Anthony Merritt - 060479 - The petitioner objects to the denial of the stay of his misdemeanor sentence pending appeal to the Wood County Circuit Court. Petitioner also objects to the subsequent imposition of sentence by the Circuit Court of Wood County after the petitioner had allegedly completed all of the terms of his sentence. - Grant 3 - 2 , Davis & Maynard.