March 12, 2008 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia
Motion Docket
Wednesday, March 12, 2008

1. Florin Land Trust v. Public Service Comm. of WV and The Potomac Edison Co. d/b/a Allegheny Power Co. - 073778 - Refuse 5 - 0.

2. Scott and Vicki Faulkner v. Public Service Comm. of WV, Old Standard LLC, and Jefferson County Public Service District - 073939 - Refuse 3 - 2, Starcher & Albright.

3. David Hawkins, et al. v. The WV Dept. of Public Safety a/k/a The WV State Police, et al. - 072793 - Plaintiff, who was injured in the course of his employment as a state trooper, appeals the circuit court's order dismissing his common law negligence suit against the W.Va. State Police. Although uniformed troopers are not covered by Workers' Compensation, the circuit court referenced Workers' Compensation immunity provisions to conclude that the State Police has statutory immunity for injury claims of its uniformed members sustained in the course and scope of their employment. - Grant 5 - 0.

4. Gary Lacy v. Western & Southern Life Insurance Co., et al. - 072890 - Plaintiff appeals the circuit court's order granting summary judgment for the defendants. Plaintiff alleged the tort of outrage against his former employer for alleged verbal mistreatment by plaintiff's work supervisor, but the court held that the outrage claim is barred by Workers' Compensation immunity as explained in Bias v. Eastern Associated Coal Corp.. The court dismissed a conspiracy to commit outrage claim for the same reason. The court also dismissed a defamation claim as being filed beyond the statute of limitations. - Refuse 4 - 1, Starcher.

5. Choice Lands, LLC v. Nondus Tassen, et al. - 073003 - Plaintiff Choice Lands, LLC appeals the circuit court's order granting judgment on the pleadings in favor of the defendants Kenneth and Joyce Jones, and the court's order denying reconsideration of that judgment under Rule 60(b). At issue is whether the Joneses have an easement across a gravel driveway which is on property that Choice Lands has purchased. - Grant 5 - 0.

6. C & H Company v. Consolidated Rail Corp. - 072927 - Plaintiff appeals from the circuit court's orders dismissing this action for failure to join an indispensable party. Plaintiff instituted this action to collect payment for taxi cab transportation services that it provided to the defendant railroad. Plaintiff seeks a reversal and a remand for further proceedings. - Grant 5 - 0.