Supreme Court of Appeals of West Virginia

 gavel Argument Docket  
                
Tuesday, March 12, 2002
 

West Virginia University College of Law
Morgantown, West Virginia 

1.  State of W. Va. v. Elizabeth Schermerhorn -  30085 - Defendant appeals from her conviction for DUI, third offense, for which she was sentenced to 1 to 3 years in the State Penitentiary.

2.  Gorman Dale Osborne, et al. v. The United States of America, et al.  - 30115 - CERTIFIED QUESTION OF LAW: Does West Virginia's Medical Professional Liability Act provide a cause of action by a third party against a health care provider for foreseeable injuries to the third party proximately caused by the health care provider's negligent treatment of a patient/tortfeasor?

3.  Joy G. Butts v. Higher Education Interim Governing Board/Shepherd College  - 30120 - The petitioner, Joy G. Butts, appeals from an order entered in the Circuit Court of Jefferson County upholding a Level IV grievance decision in favor of the respondent, Shepherd College. The petitioner, a professor employed by the respondent, was reprimanded for ignoring the request of her immediate supervisor for information concerning the grades of the petitioner's students. The petitioner contends that, pursuant to the Shepard College Student Handbook, only the College Registrar could have released the grades to the supervisor and that, in ignoring the request, the petitioner was protecting the students' right of privacy.

4.  Jeffrey Martin, Sr., et al. v. Wetzel County Board of Education, et al.  - 30100 - In this action, the Wetzel County Board of Education seeks coverage and a defense from its general contractor's insurance company with regard to the claims of workers allegedly exposed to asbestos. See, Marlin v. Bill Rich Construction, 198 W.Va. 635, 482 S.E.2d 620 (1996). One of the primary questions is whether a Certificate of Insurance naming the Wetzel County Board of Education as an additional insured gave the Board a reasonable expectation of insurance coverage.

5.  Cookman Realty Group, Inc. v. Barbara Taylor, Chief, et al.  - 30116 - The West Virginia Department of Environmental Protection appeals from the circuit court's Order limiting DEP's ability to require the remediation of polluted sites that have contaminated groundwater sources. 

 

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Monday, March 04, 2002