March 22, 2005 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, March 22, 2005

1. Cottageville Public Service District v. PSC of West Virginia - 042415 - Public Service District appeals an order of the PSC relating to costs for extending utility lines. - Refuse 4 - 1, Starcher.

2. Belinda Billups, as guardian of Jacob Billups, and Belinda and Randy Billups, individually v. W. Va. University Hospital, Inc., et al. - 041713 - Plaintiffs appeal the circuit court orders which found that plaintiffs failed to comply with the pre-suit requirements for a medical negligence case and which granted the defendants' motions to dismiss without prejudice. - Deferred.

3. Kroger Limited Partnership I v. Robert G. Surber, et al. - 042073 - Kroger appeals the circuit court's order affirming the decision of the Bureau of Employment Programs to award unemployment compensation benefits to Kroger employee claimants during a work stoppage. - Refuse 3 - 2 , Maynard & Benjamin.

4. Pamela E. Howe, adoptive parent of Trey J. Howe v. Duane A. Howe, American Standard Insurance Co. of Ohio, et al. - 042132 - The petition for appeal arises out of an Opinion Order from a declaratory judgment action wherein the Circuit Court of Marion County determined that a "household" and "intra-family" exclusion in three liability insurance policies issued in the State of Ohio are enforceable and preclude liability coverage in a motorcycle collision which occurred in the State of West Virginia. - Grant 5 - 0.

5. Beverly Y. Atkinson, Executrix. v. Arturo Lim, M.D. - 041984 - Plaintiff appeals from the trial court's order granting judgment in favor of defendant, as a matter of law, on plaintiff's informed consent claim. Plaintiff also appeals from the jury's verdict rendered in favor of defendant doctor on the medical negligence claim. - Refuse 3 - 2 , Starcher & Albright.

6. Clifford Muck v. Michael L. Smith, Kenneth Saunders, and Kenneth Saunders, Jr. - 041551 - Plaintiff appeals from the jury's verdict and the equitable relief fashioned by the circuit court in this action for trespass and ejectment arising out of the construction of a bridge to defendants' properties. - Refuse 5 - 0.

7. Glenn Cogle and Patricia Cogle v. WV Dept. of Health & Human Resources/ BPH/Jefferson County Health Department - 041762 - This action arises from the Jefferson County Health Department's denial of the petitioners' application for permits to drill water wells on two lots in the at Harpers Ferry Campsites. The petitioners appealed to the Circuit Court of Jefferson County. The Court denied the appeal. It is from this Order that the petitioners appeal to this Court. - Refuse 3 - 2 , Starcher & Albright.