Wednesday, March 7, 2001

Charleston, West Virginia

1. Fred Russell, Jr., et al. v. Bush & Burchett, Inc., et al. -  28398 - Fred and Rebecca Russell seek reversal of summary judgment of Circuit Court of Kanawha County in Fred Russell's deliberate intent personal injury suit against his employer and its' president.

Fred Russell, Jr., et al. v. Bush & Burchett, Inc., et al.  - 28720 - The petitioners, Fred Russell, Jr., and his wife Rebecca Russell, appeal from a summary judgment entered in favor of the respondent, West Virginia Department of Transportation, Division of Highways. Mr. Russell, an employee of Bush & Burchett, Inc., a company under contract with the respondent, Division of Highways, was severely injured at a bridge construction site. The Circuit Court ruled that the petitioner, as an employee of Bush & Burchett, could not validly allege that Bush & Burchett was negligently hired by the respondent. The petitioner, however, contends that his employment status should not be dispositive of the liability of the respondent.

2. Coordinating Council for Independent Living, et al. v. Joseph M. Palmer, Comm'r -  28666 - Tax Commissioner seeks reversal of lower court ruling that prevents enforcement of privilege tax against providers of homemaker and case management services. 

3. State of W. Va. v. Jeffrey Allan Pettrey  - 28401 - Defendant appeals from his conviction on 3 counts each of incest, sexual assault in the 1st degree, and sexual abuse by a parent. He seeks a reversal of his conviction and a new trial. 

4. James B. Jones, et al. v. Sidney L. Jones, Co-Exe., et al.  - 28723- Petitioners seek to appeal lower court's grant of summary judgment in a matter involving the creation and handling of an estate.

5. Grist Lumber, Inc. v. Paul R. Brown, Jr.  - 28722 - The petitioner, Paul R. Brown, appeals from orders entered in the Circuit Court of Greenbrier County determining that the respondent, Grist Lumber, Inc., was entitled to a prescriptive easement for timbering purposes over the property of the petitioner. The petitioner contends, inter alia, that, even if a general easement existed, respondent Grist Lumber failed to establish by clear and convincing evidence that it was entitled to use the easement for timbering purposes. - Continued.

6. WV Mandatory Continuing Legal Education v. Tarek F. Abdalla, et al.  - 28733- W.Va. Continuing Legal Education Commisiion petitions this Court to suspend the license to practice law of fifty-nine attorneys for failure of each to comply with the rules of this Court concerning mandatory legal education. - To be presented on briefs only without oral argument. 

7. Antco, Inc., et al. v. Dodge Fuel Corporation  - 28467 - Plaintiffs appeal from the circuit court's award of partial summary judgment in favor of defendant finding that plaintiffs, at the time of the purchase of certain real estate, made a knowing waiver of subjacent support and that W.Va. Code §22-3-14 and Title 38, CSR 2, §16.2(c)(2) did not invalidate the waiver of subjacent support.