Supreme Court of Appeals of West Virginia

      Argument Docket    

Wednesday June 7, 2000

1. Anna Sale, et al. v. Mayor Jay Goldman, et al. -  27315 - Petitioners appeal from the circuit court's order finding that the curfew contained in the Youth Protection Ordinance of the City of Charleston does not violate petitioner's substantive due process rights, their right to free
expression nor their freedom from unreasonable search and seizure.

2. Ola Mae Taylor v. Cabell Huntington Hospital, Inc., et al.  - 27311 - This is a medical malpractice action wherein the petitioner, Ola Mae Taylor, appeals from a jury verdict entered in the Circuit Court of Cabell County in favor of respondent Linda G. Grim, a licensed registered nurse. The petitioner contends that the nurse injected her with incompatible drugs and that the
Circuit Court committed error in excluding evidence of the nurse's abuse of
morphine while on the job.

3. Robert Johns v. Wheeling National Bank  - 27314 -
The petitioner, Robert Johns, appeals from an order entered in the Circuit Court of Marshall County dismissing his breach of contract action against the respondent, Wheeling National Bank. The Circuit Court determined that the
action was barred by the 5 year, rather than the 10 year, statute of limitations. - Dismissed

4. Dorothy Czaja (now Wright) v. Mark Czaja  - 27316 - Petitioner appeals and seeks the reversal of the circuit court's contempt order arising of a post-divorce visitation modification action.

    Dorothy Czaja (now Wright) v. Mark Czaja  - 27317 - Petitioner mother appeals from the circuit court's denial of her post-divorce petition to modify visitation and her motion to suspend respondent father's unsupervised visitation with the parties' children.

    Dorothy Czaja (now Wright) v. Mark Czaja - 27318 - Petitioner appeals from the circuit court's order finding petitioner in contempt and imposing upon petitioner a procedural mechanism to transfer custody of the parties' children to respondent if petitioner continues to deny respondent unsupervised visitation with the children.

5. Richard Aikens & Motel 81, Inc. v. Robert Debow, et al.  - 27376 - This is a certified question case from the Circuit Court of Berkeley County. The question concerns whether a claimant, who has sustained no physical damage to his person or property, may maintain an action against another for negligent injury to another's property which results consequentially in purely economic loss to the claimant.

6. In Re: Tyler K. - 27375 - This juvenile defendant, who was adjudged a juvenile delinquent based upon his guilty plea to the offense of incorrigibility, appeals his sentence and placement at the West Virginia Children's Home in Elkins. - Dismissed

7. Bonnie L. Keplinger v. Virginia Electric and Power Co., et al.  - 27381 -
This is a certified question case wherein the plaintiff's health care providers received subpoenas duces tecum, during the discovery process, demanding that the providers send copies of the plaintiff's medical records directly to the defense attorney. The plaintiff alleged that the subpoenas were improper and provided the plaintiff with an additional cause of action in the litigation.

8. City of Phillipi v. Tammy S. Weaver - 27259 -
The petitioner, Tamara S. Weaver, appeals from an order entered in the Circuit Court of Barbour County which affirmed her municipal court conviction by a jury of first offense driving under the influence of alcohol.

9. State of W. Va. v. Carl E. Lockhart  - 27053 - This appeal by the petitioner, Carl E. Lockhart, is a follow up to State v. Lockhart, 200 W.Va. 479 (1997), wherein this Court remanded the case to the Circuit Court of Wood County to afford the petitioner an opportunity to develop the record with regard to the insanity defense of Dissociative Idenity Disorder. Prior to the remand, the petitioner's various sentences with regard to the events at issue included confinement in the penitentiary for life. The petitioner contends that the evidence submitted upon remand was such that the Circuit Court should have awarded him a new trial. - Continued

Tuesday, November 13, 2001 10:54 AM