Argument
Docket Tuesday, March 8, 2011
West Virginia University - Morgantown
Rule 20 argument - 10:00 a.m.
1. James D. MacDonald v. City Hospital Inc. and Sayeed Ahmed, M.D., No. 35543 - Plaintiffs in medical professional liability action appeal circuit court order denying post-trial motions, arguing issues dealing with the constitutionality of the cap on noneconomic damages found at W.Va. Code § 55-7B-8. - Justices Ketchum and McHugh disqualified. Judge Evans and Wilson sitting by temporary assignment.
- Circuit Court Order
- Amicus Brief of W. Va. Labor Federation, AFL-CIO
- Amicus Brief of Public Justice, P.C.
- Amicus Brief of W. Va. Mutual Insurance
- Amicus Brief of W. Va. State Medical Assoc., et al.
- Amicus Brief of Defense Trial Counsel of W. Va.
- Amicus Brief of W. Va. Chamber of Commerce
- Amicus Brief of W. Va. Bd of Risk & Insurance Management
- Amicus Brief of W. Va. Assoc. for Justice
- Appellant's Brief
- Appellee's Brief (City Hospital)
- Appellee's Brief (Dr. Ahmed, M.D.)
- Appellant's Reply Brief
- Appellee's Reply Brief (City Hospital)
- Appellee's Reply Brief (Dr. Ahmed, M.D.)
2. State v. Stanley Myers, No. 35672 - Defendant appeals from the circuit court's order granting the state's motion to determine him a sexually violent predator. Defendant asserts that the State and the circuit court lacked the authority to re-open his old criminal case for such a purpose. Defendant seeks to have the circuit court's order voided or vacated.3. James and Marlaine Adkins v. Erie Insurance Company, No. 35676 - James and Marlaine Adkins appeal the circuit court's order granting summary judgment in favor of Erie Insurance Company in a declaratory judgment action. They assert, inter alia, that the court erred in granting Rule 60 relief from a prior summary judgment order in their favor, and that they are entitled make a claim for a separate per person policy limit for their payment of their minor child's medical expenses.
