Wednesday, March 7, 2001

1. Scott James Feathers, D.P.M* v. West Virginia Board of Medicine - 001983 -  Petitioner appeals from the circuit court's denial of his petition for a writ of prohibition filed against the West Virginia Board of Medicine to prohibit the enforcement of a subpoena duces tecum. Rescheduled  to April 3, 2001. 

2. Brian W. Rowe v. Sisters of the Pallotine Missionary Society (aka St. Mary’s Hospital of  Huntington, Inc.) - 002128 - In this medical professional liability action, the petitioner, Sisters of the Pallotine Missionary Society (St. Mary's Hospital), appeals from a verdict returned in the Circuit Court of Cabell County in favor of the respondent / plaintiff, Brian W. Rowe, in the amount of $880,186. The petitioner contends, inter alia, that the Circuit Court erred in refusing to instruct the jury that it could consider the comparative negligence of others with regard to the respondent's injuries. -  Granted 4-1, McGraw. 

3.  State of W. Va. v. Overton Wayne Pauley  - 002638 - Defendant below seeks to appeal his conviction on two counts of felony murder, two counts of aggravated robbery, and one count of night time burglary by breaking and entering for which he received a sentence of two consecutive life terms without any possibility of parole.  - Refused 3-2, Starcher & Albright.

4.  Dan Messer & Pamela Messer v. Jerry Runion & Isalene Runion- 003019 - Plaintiffs appeal from the circuit court's order granting summary judgment in favor of defendants in this action seeking specific performance of a contract to convey land. - Granted 5- 0.

5.  State of W. Va. v. Patricia Aldridge - 002760 - Petitioner seeks appeal of conviction of first degree murder and sentence of life without mercy for several incidents at trial. - Refused 3-2, Starcher & Albright.

6. Quintain Development, LLC v. Columbia Natural Resources, Inc. - 002731 - The petitioner, Columbia Natural Resources, Inc., appeals from an order entered in the Circuit Court of Mingo County holding that it was required to relocate a pipeline from two tracts of land in Mingo County at its own expense, in view of the surface mining rights of the respondent, Quintain Development, LLC. The petitioner contends, inter alia, that the Circuit Court erred in concluding that the pipeline constituted a nuisance and that its relocation was to be at the petitioner's expense  -  Granted 3-2, Maynard & McGraw. 

7.  Michael William Harrah v. Southeast Steel Manufacturing Co., Inc. - 002837 - The petitioner, Southeast Steel Manufacturing Company, appeals from an order entered in the Circuit Court of Raleigh County awarding the petitioner's former employee, respondent Michael William Harrah, $15,000 for workers' compensation discrimination and wrongful discharge. The petitioner contends, inter alia, that the Circuit Court committed error in finding that the respondent was, in fact, terminated from his employment. - Refused 5- 0.