Argument
Docket
Tuesday, March 22, 2005
Supreme Court of Appeals of West Virginia
Argument
Docket
Tuesday, March 22, 2005
1. Charlotte Hinchman, Per. Rep. v. Julie M. Gillette, R.N., C.R.N.A., et al. - 31760 - Continued.
2. Samuel J. Swiger, et al. v. UGI/Amerigas, Inc.,et al. - 31792 - Defendants appeal from the circuit court's amended order of certification of questions to this Court concerning exemptions in the State Fire Code.
Certified Questions:
1. Does 87 C.S.R. 1, § 1.5, which exempts application of the Fire Code's provisions to buildings used wholly as dwelling homes for no more than two families, violate the intent and purpose of the West Virginia State Fire Code, and the public policy of this State?
Answer by the Circuit Court: Yes.
2. Was 87 C.S.R. 1, § 1.5 intended to be applicable to commercial suppliers of liquid propane gas, such as Defendant AmeriGas, when such commercial vendors install or supply liquid propane gas to one-and two-family dwellings in this State?
Answer by the Circuit Court: No.
3. Even if the express exemption in Section 1.5 is found to be invalid against third-party service providers, is it proper to impose on a retrospective basis negligence per se liability against such service providers for violations of the State Fire Code with respect to one and two family dwellings?
Answer by the Circuit Court: Yes.
3. Lawyer Disciplinary Board v. L. Thomas Lakin - 30559 - This two-count statement of charges (ID No. 99-01-165) arises from the solicitation of clients within West Virginia by the Lakin Law Firm, Thomas L. Lakin, and its agents. The Lakin Law Firm is an Illinois based law firm with offices in Wood Rover Illinois. Neither Mr. Lakin nor any member of the firm is a member of the West Virginia State Bar.
4. SER Nancy Vedder v. Hon. Paul Zakaib, Jr., Judge, et al. - 32266
5. Charlotte Mae Sinkewitz v. The City of Huntington - 32053 - The City of Huntington appeals from an adverse order of the circuit court in a zoning matter. The City asserts that a decision in a prior lawsuit involving the same parties is res judicata.
6. Brenton L. Ferrell, et al. v. Nationwide Mutual Insurance Co. - 32050 - The circuit court certifies a question regarding whether certain insurance policy language clearly and unambiguously creates a contractual right for the insurer to be reimbursed medical expense payments.
CERTIFIED QUESTION:
Whether the policy provisions of the Century II Auto Policy as amended by Endorsement 2256C provide clear and unambiguous language which creates a contractual right to reimbursement of medical expense payments where an insured received a recovery from another Nationwide insured and the proceeds of that recovery duplicate the insurer's previous payment.
Circuit Court's answer: No.
7. SER Scotty D. King v. Hon. Jane Charnock, Family Court Judge - 32292 - Dismissed.
8. SER Thomas Henderson v. Circuit Court of Tyler County - 32291 - Dismissed.
9. Theresa D. Messer v. Huntington Anesthesia Group, Inc., et al. - 31739 - Plaintiff employee appeals from the circuit court's order granting the defendants' motion to dismiss a lawsuit brought under the West Virginia Human Rights Act. The court found that the Human Rights Act does not create a cause of action for workplace injuries, and that any injuries as alleged in this lawsuit fall within the exclusive jurisdiction of the West Virginia Workers' Compensation Act.
10. SER Belinda Billups, Guardian, et al. v. Hon. Russell M. Clawges, Jr., Judge, et al. - 32513 - Continued.
11. SER Martha Yeager Walker, Sec’y, WVDHHR, et al. v. Mental Hygiene Comm’rs - 32514
The briefs and other filings are provided in PDF format.
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Monday, March 21, 2005