May 21, 2003
1. State of West Virginia v. Mark A. LaRue - No. 030192. Defendant pled guilty to delivery of a controlled substance, second offense. His motion for an alternative sentence was denied, and he was sentenced to 2 to 10 years.
Refuse 4-1
[ Starcher, C. J. ]2. Ramsey Associated Petroleum v. Enbloc Production, Inc. - No. 030194. Plaintiff appeals from the trial court’s order determining that defendant, Enbloc, Inc., and its assigns, to be the owners of certain "deep rights" under certain oil and gas leases for 48 tracts of land in Gilmer County.
Refuse 5-0
3. Geraldine Toth v. Board of Parks & Recreation Commissioner - No. 030206. Plaintiff appeals from the jury verdict returned in favor of defendants in this action alleging age discrimination and constitutional tort. Plaintiff also appeals the circuit court’s order granting summary judgment in favor of defendants on her claim that they failed to hire her in violation Art. III, §§ 16 and 17 of the West Virginia Constitution.
Grant 3-2
[ Davis, J., Maynard, J. ]4. Rodney Lucas v. Brenda K. Lucas - No. 030305. Plaintiff husband appeals from the circuit court’s order, which affirmed the family court’s order reducing alimony from $850 per month to $700 per month, notwithstanding the family court’s finding that a de facto marriage existed between defendant wife and a third-party.
Grant 4-1
[ Starcher, C. J. ]5. Misty and Billy McCormick v. Walmart Stores and Town of Lewisburg - No. 030319. Plaintiffs appeal from the circuit court’s order dismissing the Town of Lewisburg from this action seeking damages and injunctive relief due to the inundation of surface water onto plaintiffs’ lands. Plaintiffs seek a reversal of the circuit court’s order.
Accept To Motion Docket
6. Kendron Setser v. Neil Browning - No. 030218. Petitioner appeals the granting of an adverse summary judgment in his negligence suit against respondent. Petitioner was the passenger in a jeep which was driven by respondent and which was involved in an accident.
Grant 5- 0
7. Charlie Tosh, IV v. State Farm Mutual Auto Ins. - No. 030225. Petitioner Charlie L. Tosh, IV, appeals the circuit court’s order dismissing his lawsuit which sought attorney’s fees relating to an insurance settlement which predated an earlier lawsuit.
Refuse 4-1
[McGraw, J. ]8. State of West Virginia v. William E. Smith - No. 030231. Petitioner appeals his conviction of possession of a controlled substance with intent to deliver and his subsequent sentence of one to fifteen years incarceration.
Refuse 5-0
9. Peggy S. Helms v. Medical Assurance of West Virginia, Inc. - No. 030264. Defendant insurer appeals the circuit court’s order partly denying its motion for summary judgment in a third party Unfair Claims Settlement Practices Act case. Defendant asserts that a "consent to settle" provision in a medical negligence insurance policy, coupled with facts indicating that declining to settle was reasonable, means that as a matter of law it did not violate the act by not offering to settle.
Refuse 5-0
10. Peggy S. Helms v. Medical Assurance of West Virginia, Inc. - No. 030265. Plaintiffs appeal the circuit court’s order granting a partial summary judgment to defendant in a third party Unfair Claims Settlement Practices Act case. Plaintiffs assert the circuit court erred in finding that an insurance company’s conduct after a verdict has been entered is not subject to the Unfair Claims Settlement Practices law.
Refuse 3-2
[ Starcher, C. J., McGraw, J. ]11. Archie R. Phipps v. CSX Transportation, Inc. - No. 030263. Petitioner appeals a $300,000 verdict he received in his railroad personal injury case, asserting the jury was improperly instructed on causation and seeking a new trial on damages.
Refuse 4-1
[McGraw, J. ]
12. Forrest A. Younker v. Eastern Associated Coal Corp. - No. 030268. Petitioner (defendant below) appeals adverse rulings by the circuit court, including the granting of an adverse partial summary judgment, in respondent’s claim for breach of employment contract.
Grant 5- 0
13. Debra K. McKinney v. Jackie Stalker, et al. - No. 030183. Plaintiff appeals from the circuit court’s order granting summary judgment for the defendants on the grounds that Clarksburg Beauty Academy and its individual instructors did not owe a duty to protect the plaintiff and that the conduct did not reach the level needed to sustain a claim for intentional infliction of emotional distress and that the statements were speech protected by the Constitution.
Refuse 3-2
[ Starcher, C. J., McGraw, J. ]14. Rebecca Sprout v. Harrison County Board of Education - No. 030300. Petitioner seeks to enforce an agreed upon settlement from her Suit to Enforce Settlement and Petition for Writ of Mandamus. The circuit court found that mandamus did not lie.
Accept To Motion Docket
15. Amber Edens v. Carrie Newhouse & Progressive Paloverde Ins., Co. - No. 030304. Petitioner appeals from the circuit court’s finding as a matter of law that there were no questions of fact for the jury to determine regarding Progressive’s obligation under a motor vehicle liability policy to provide coverage to its insureds Carrie Newhouse and Stephanie Walker and hence Amber Edens and granted summary judgment. An order was issued on October 1, 2002, granting the summary judgment and denying motor vehicle insurance coverage to petitioner.
Accept To Motion Docket
16. Andrea E. Burrows v. Nationwide Mutual Insurance Company, et al. -No. 030623. This matter involves two certified questions from the United States District Court regarding underinsured motorist coverage.
Grant 5- 0
17. Deidra M. Beeler v. Nationwide Mutual Insurance Company, et al. - No. 030624. This matter involves a certified question from the United States District Court regarding underinsured motorist coverage.
Grant 5- 0
18. Tony Dean Arbaugh, Jr. v. Board of Education, the County of Pendelton, et al. - No. 030730. The United States District Court for the Northern District of West Virginia certifies a question as to whether there exists a private cause of action for failure to report suspected sexual abuse.
Grant 5- 0
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