June 7, 2006

1.  State of West Virginia ex rel. Mary Ann Podelco v. Earl Ray Tomblin,President of the Senate; Robert S. Kiss, Speaker of the House of Delegates; and Office of the Governor of the State of West Virginia; Richard Alker, Executive Director of the West Virginia Ethics Commission (dismissed); Glenn Gainer, the Auditor of the State of West Virginia; John Perdue, Treasurer of the State of West Virginia; Gregory Gray, Clerk of the West Virginia House of Delegates; and Darrell Holmes, Clerk of the West Virginia Senate - No. 052969. The legislative petitioners appeal from the circuit court’s order denying their motion to quash subpoena as it related to the inquiry into the process by which the Budget Digest is created.

Refuse As Moot

2.  David R. Kyle v. Dana Transport, Inc., a New Jersey Corporation authorized to do business in West Virginia, and Ronnie Dodrill - No. 060991. Plaintiff appeals from the circuit court’s order granting judgment in favor of defendants and ruling that plaintiff was not entitled to present his case under a res ipsa loquitur theory.

Accept To Motion Docket

 3.  Lawrence Bruce v. Nicholas Boston and Belfor USA Group, Inc. - No. 060998. Plaintiff appeals from the circuit court’s order setting aside the default judgment entered against defendants. Plaintiff seeks a reinstatement of the default judgment.

Refuse 5 - 0

4.  Schrader, Byrd & Companion, PLLC v. Frances G. Marks, John L. Marks, Jr., Patricia J. Marks, Elizabeth A. McClure, M. P. Chesley Marks, Anthony Marks, Catherine Marks, East Enders, LLC and Josephine Luther - No. 061002. Defendants appeal from the circuit court’s order granting summary judgment in favor of the plaintiff law firm in this action to determine whether defendants are under a contingent fee contract for future coal-related income.

Accept To Motion Docket

5.  Michael Worley and Cynthia Worley his wife v. Beckley Mechanical, Inc., West Virginia Sprinkler, Inc., Klockner Pentaplast of America, Inc., Riddleberger Brothers, Inc., and Nielsen Contracting - No. 061056. Plaintiffs appeal following a bench trial on the issue of whether plaintiff was under a disability that either suspended or tolled the running of the statute of limitations in this personal injury action. The circuit court concluded that plaintiff was not "insane" within the meaning of West Virginia Code §55-2-15.

Accept To Motion Docket

6.  R. Edward Hamrick, Jr., M.D. et al. v. Charleston Area Medical Center, Inc. - No. 061068. R. Edward Hamrick, Jr., M.D. appeals from the circuit court’s order granting summary judgment in favor of the Charleston Area Medical Center, Inc. The court held that under the Open Hospital Proceedings Act, the only governing body of CAMC is the Board of Trustees. Accordingly, the Board of Trustees is the only hospital body subject to the statute’s open meetings requirement.

Grant 5 - 0 

7.  Fred Lawrence v. Joseph Cicchirillo, Department of Motor Vehicles Commissioner - No. 061075. Fred Lawrence appeals the circuit court’s order denying his petition for writ of prohibition and mandamus. Mr. Lawrence seeks to prohibit the DMV Commissioner from holding a hearing on the revocation of his driver’s license, and to require the DMV Commissioner to restore a permanent driver’s license to him.

Grant 5 - 0 

8.  State of West Virginia v. David J. Bentz - No. 061079. David J. Bentz appeals his conviction for second degree robbery.

Refuse 4 - 1
 [ Albright, J.  Would Grant on Issue No. 2 ]

9.  State of West Virginia v. Matthew Thacker - No. 061080. Matthew Thacker appeals his conviction for sexual assault in the first degree.

Refuse 5 - 0 

10.  Foster Foundation v. Ottie Adkins, Assessor of Cabell County, West Virginia and Richard E. Boyle, Jr. State Tax Commissioner of the State of West Virginia - No. 061086. The Foster Foundation appeals from the circuit court’s order which held that under Maplewood Community Inc. v. Craig, the Foundation’s retirement community property is not exempt from ad valorem taxation.

Refuse 5 - 0 

11.  Sandra Derby v. Randolph Haught - No. 061120. Petitioner appeals the Circuit Court’s ruling to dismiss the petitioner’s counterclaim for an accounting or unjust enrichment in this suit for partition. The property was allotted to the plaintiff below, Sandra Derby. Prior to the suit, the parties had purchased and jointly held real estate in Wetzel County. The parties were never married, but co-habitated at the residence.

Refuse 5 - 0 

12.  James Clyde Buckley v. Century Surety Company - No. 061111. Petitioner appeals the Circuit Court’s decision to dismiss the Petition for Declaratory Judgment and granting Summary Judgment in favor of the Respondent, Century Surety Company.

Refuse 3 - 2
 [ Starcher, J. & Albright, J. ]

13.  CSX Hotels, Inc. d/b/a The Greenbrier v. Tag Galyean - No. 061162. CSX instituted a civil action for specific performance and, in the alternative, for declaratory relief, in the Circuit Court of Greenbrier County, against Respondent, Tinsley Galyean. Mr. Galyean counterclaimed against CSX for breach of contract, breach of fiduciary duty and an accounting. The Circuit Court granted defendant’s Motion for Partial Summary Judgment and found plaintiff liable on defendant’s counterclaim for breach of fiduciary duty. The case proceeded to jury trial on the question of amount of damages owed. The Court directed a verdict in favor of defendant in the amount of $367,429 and the jury awarded Mr. Galyean an additional $1,132,571.

Accept To Motion Docket

14.  Frederick Cecil Damron v. Carole E. Damron Shortt - No. 061164. Petitioner initially filed a Motion to Vacate an Order dated August 3, 1987, which included a provision requiring petitioner to support the children for "post high school education". The Family Court found that although the Motion to Vacate was granted by virtue of the statute, because the provision for higher education was incorporated in a Separation Agreement, it "survives as an independent contractual obligation." The Circuit Court later affirmed the Family Law Court’s decision.

Accept To Motion Docket

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