March 11, 2009 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia
Motion Docket
Wednesday, March 11, 2009

Justice Albright did not participate in the consideration or decision of the cases on this docket.
Senior Status Justice McHugh sitting by temporary assignment.

1. Farmers Mutual Insurance Company v. Kevin Fike - 082092 - Petitioner Farmer Mutual Insurance Company appeals from an May 20, 2008, Order of the Monongalia Circuit Court, granting summary judgment on behalf of Respondent Fike and against Farmers on its claims of Contribution/Indemnity and Negligent Misrepresentation. The lower court further found that the claims of Professional Negligence and Intentional/Negligent Infliction of Emotional Distress were not assignable. Grant 3-2 (Workman, Ketchum)

2. State of WV v. Ray E. Carey - 081190 - Defendant appeals from his conviction of domestic violence. Defendant seeks a reversal of his conviction or, in the alternative, that his case be remanded to the magistrate court for a new trial where he has the opportunity to present his entire case. Refuse 5-0

3. State of West Virginia v. Larry T. - 082300 - Juvenile Larry T. appeals the circuit court's order denying his motion to dismiss and transferring his case to the court's adult criminal jurisdiction. Grant 5-0