Converted WP file March30m

Supreme Court of Appeals of West Virginia
Miscellaneous Motions Conference

Tuesday, March 30, 1999

1.	W. Randoph Fife No. 990674 Refuse 5-0	Petition for Writ of Prohibition in SER W.V. Dept. of Health and Human Resources v. Kaufman, et al., No. 990674. The petition asserts that circuit court's order denying the DHHR's motion for summary judgement seeking its dismissal in a personal injury action erred by: (1) confusing judicial and quasi-judicial immunity; (2) applied a negligence rather than a "clearly established right" standard; (3) ignored the 4-part special relation test of Wolfe; and (4) used a negligence standard for a finding of "bad faith." The petition asserts that the writ should be granted because these problems will continue in the jury instructions and DHHR enjoys immunity from suit.
2.	John W. Swisher No. 990661 Refuse 3-2 [Starcher, C.J., McGraw, J.]	Petition for Writ of Mandamus in SER Orders v. King, et al., No. 990661. The petition asserts that the circuit court by issuing an order based solely on written materials, namely, the petitioner's petition for appeal and memorandum of law and the defendant's memorandum of law, denied him a hearing as required by WVCode 291-5-4(e).
3.	Stephen M. Kenny No. 990652 Grant 5-0	Motion to Correct Style in SER Kahle v. Gaughan, et al., No. 990652. The underlying case's identification number was incorrectly stated.
4.	Melvin W. Kahle, Jr. No. 990652 Grant 3-2 [ Starcher, C.J., McGraw, J.]	Petition for Writ of Prohibition in SER Kahle v. Gaughan, et al., No. 990652. The petition asserts that the circuit court erred in granted a new trial based on "merely impeachment evidence."
5.	Damon B. Morgan, Jr. No. 990657 Refuse 3-2 [Starcher, C.J., McGraw, J.]	Application for Stay and Summary Petition for Post- Conviction Bail in State v. Ramsey, No. 990657. Response filed.
6.	E. William Harvit No. 982824 Refuse 3-2 [Starcher, C.J., McGraw, J.]	Motion for Leave of Court for Oral Argument on Petition for Appeal in Claude E. Adams(deceased) and Frances Adams (widow) v. WCD/Union Carbide Corp., No. 982824.
7.	Steven L. Miller No. 25808 Grant 3-2 [Workman, J., Davis, J.]	Motion to Withdraw as Counsel for Gilbert in Pauley v. Gilbert, et al., No. 25808 (to be submitted 5/11/99). Response filed.
8.	Lary D. Garrett No. 990602 Refuse 5-0	Petition for Writ of Prohibition in SER Mingo T. v. Cookman, et al., No. 990602. The petition asserts that the circuit court erred in ordering the petitioner transported to Virginia to answer a petition filed with an incorrect incident date and the petitioner's incorrect age. The amendment to the petition did not go through the proper offices, and WVCode 49-8-2b is unconstitutional because of vagueness and violation of the petitioner's due process rights.
9.	Darrell V. McGraw, Jr. Chad M. Cardinal No. 990609 Grant 5-0	Petition for Writ of Prohibition in SER Canterbury v. Paul, et al., No. 990609. The petition asserts the magistrate is violating WVCode 50-3-2 by failing to assess court costs properly in criminal proceedings.
10.	Barney W. Frazier No. 981223 Refuse 4-1 [Maynard, J.]	Motion to Dismiss Claimant's Petition for Appeal in McGaha v. WCD/Braxton County Memorial Hospital, No. 981223. The employer's motion asserts that dismissal is required because the claimant died on 10/25/98. The obituary notice is attached to the motion.
11.	Katherine Hoover, Pro Se No. 990631 Refuse 5-0	Petition for Writ of Prohibition in SER Hoover v. Zakaib, et al., No. 990631. The petition seeks to enjoin further proceedings in the matter pending before the W.V. Bd. of Medicine. The petition asserts that appointment of counsel for the Bd. in this matter was improper and that the current hearing examiner, counsel to the Minority Leader of the Senate, has a conflict of interest. Responses filed.
12.	J. Michael Ranson No. 990706 Grant 4-1 [Davis, J.]	Petition for Writ of Prohibition in SER Means v. King, et al., No. 990706. The petition asserts that the circuit court erred in ordering "that once the Plaintiff if [sic] placed under oath for her deposition or any other sworn testimony, discussions between Plaintiff and her counsel are inappropriate."
13.	Jennifer Z. Cain No. 990745 Grant 3-2 [Starcher, C.J., McGraw, J.]	Petition for Writ of Prohibition in SER Camden-Clark Memorial Hospital v. Hill, et al., No. 990745. The petition asserts that the circuit court erred in failing to dismiss the underlying case because the complaint was not timely served and good cause for the delay was not shown.
14.	Brent Kesner No. 990746 Refuse 5-0	Petition for Writ of Prohibition in SER Williamson et al. v. Pratt, et al., No. 990746. The petition seeks to prohibit enforcement of a circuit court order refusing to dismiss the underlying civil action and to enforce an alleged settlement.
15.	Thomas K. Fast No. 990747 Refuse 5-0	Petition for Writ of Prohibition in SER Spradling, v. Vickers, et al., No. 990747. The petition seeks to prohibit enforcement of a circuit court order finding personal jurisdiction and refusing to dismiss a complaint for failure to state a claim.