May 26, 2004
1. Curniff Rowe, et al. v. Grapevine Corp., et al. - Docket No. 032523. Plaintiffs, temporary foreign agricultural workers, appeal from the circuit court’s order dismissing their claims and granting judgment in favor of defendants in their action seeking to recover a minimum work guarantee required by law and to recover wages assigned in violation of W. Va. Wage Payment and Collection Act.
Refuse 4-1
[ Starcher, J. ]2. Patricia S. Roberts v. State Farm Fire & Casualty Company, Tracy D. Steele and Lisa D. Bailes, No. 040604. Plaintiff appeals from the circuit court’s order granting declaratory relief in favor of defendant insurer relative to her personal property damage claim. The circuit court declared the order to be a final appealable order pursuant to Rule 54(b) of the West Virginia Rules of Civil Procedure.
Refuse 3-2
[Starcher, J., McGraw, J.]3. Harrison County Board of Education v. William Caloccia, No. 040686. The County Board of Education appeals from the circuit court’s order upholding the administrative law judge’s decision finding that grievant was entitled to the total amount of $26,357 in back pay, pre-judgment interest, and attorney’s fees.
Withdrawn
4. State of West Virginia v. Bobby Lee Stotler, No. 040616. Defendant appeals from his fleeing while DUI and recidivist convictions. Defendant received a life sentence. He raises evidentiary and sentencing errors.
Accept To Motion Docket
5. State of West Virginia ex rel. John Louk v. Evelyn Seifert, Warden, Northern Correctional Facility , No. 040618. Petitioner appeals from the circuit court’s denial of his petition for a writ of habeas corpus.
Refuse 5-0
6. State of West Virginia v. Shawn Keith Bonney, No. 040626. Defendant appeals following his plea of nolo contendre to one count of child abuse resulting in injury. Defendant was sentenced to 1 to 5 years.
Refuse 4-1
[ Starcher, J. ]7. Howard Seibert v. Hon. Greg Miller, Morgan County Magistrate Miller, No. 040633. Petitioner appeals from the circuit court’s order dismissing his petition for a writ of prohibition seeking to prohibit respondent, Magistrate Miller, from proceeding on the charges filed against him.
Refuse 4-1
[ McGraw, J.]8. Cabell County Commission v. Kim Wolfe, Sheriff of Cabell County, No. 040639. The County Commission appeals from the circuit court’s order which held that while prisoners are at a holding facility, they should be in the custody of the sheriff as there was no provision that would authorize the commitment of persons to a county commission.
Refuse 4-1
[ Starcher, J. ]9. Stephanie Pudder v. Dale Reynolds, No. 040640. Defendant appeals from the circuit court’s order entered following a bench trial finding in favor of plaintiff in this employment action.
Refuse 5-0
10. Daniel Jones and Christie Jones v. West Virginia State Board of Education, State Superintendent David Stewart; Marion County Board of Education; and West Virginia Secondary School Activities Commission, No. 040409. The West Virginia State Board of Education and State Superintendent of Schools appeal from the circuit court’s order which directed that rules be promulgated to permit home-schooled students to join public school sports teams.
Refuse 5-0
11. Daniel Jones and Christie Jones v. West Virginia State Board of Education, State Superintendent David Stewart; Marion County Board of Education; and West Virginia Secondary School Activities Commission, No. 040410. The West Virginia Secondary School Activities Commission appeals from the circuit court’s order which directed that rules be promulgated to permit home-schooled students to join public school sports teams.
Refuse 5-0
12. Kurt Latour v. United Fabricating, Inc. and David Lucas, No. 040587. An employer which was an unsuccessful defendant in an employment termination and discrimination case appeals from the circuit court’s orders refusing to grant judgment as a matter of law and denying a new trial. The employer asserts several trial and evidentiary errors.
Refuse 5-0
A supervisor who was an unsuccessful defendant in an employment termination and discrimination case appeals from the circuit court’s orders refusing to grant judgment as a matter of law and denying a new trial. He asserts several trial and evidentiary errors.13. Kurt Latour v. United Fabricating, Inc. and David Lucas, No. 040588.
Refuse 5-0
14. Kurt Latour v. United Fabricating, Inc. and David Lucas, No. 040589. Plaintiff in an employment discharge and discrimination case appeals from the circuit court’s refusal to grant a new trial on the issue of punitive damages.
Refuse 4-1
[ McGraw, J.]
15. Bernard Boggs v. Camden-Clark Memorial Hospital, Inc., No. 040645. Plaintiff in a medical negligence lawsuit appeals from the circuit court’s order dismissing his complaint for failure to comply with the pre-suit requirements of the Medical Professional Liability Act and the circuit court’s subsequent order refusing plaintiff leave to amend his complaint.
Grant 4-1
[ Maynard, C. J.]
16. Amy C. Sexton and John Sexton, jointly, individually, and as the parents and natural guardians of Kara Taylor Sexton, a minor v. Anthony M. Grieco, M.D., Paul Megehee, M.D., and Marshall University School of Medicine, No. 040658. Plaintiffs appeal from the circuit court’s order granting judgment as a matter of law to defendants during a medical malpractice trial. The court found that plaintiffs’ expert had failed to establish proximate cause through direct testimony.
Grant 5-0
17. WVU Ruby Memorial Hospital v. WVHRC and Peggy J. Prince, No. 040610. Petitioner appeals from the circuit court’s order which reversed the ruling of the WV Human Rights Commission in her disability discrimination case.
Grant 3-2
[Maynard, C.J., Davis, J.]
18. State of West Virginia v. Justin Truax, No. 040718. Petitioner appeals from the circuit court’s orders denying his motion for probation or alternative sentence and committing him to the penitentiary for two consecutive terms of 1 to 5 years. Petitioner was convicted of two counts of third degree sexual assault.
Accept To Motion Docket
19. Ireland J. Noel v. Cigna Insurance Company, No. 040721. Plaintiffs appeal from an adverse summary judgment order regarding their claim that the defendant insurance company violated the West Virginia Unfair Trade Practices Act.
Accept To Motion Docket
20. State of West Virginia v. John Richards, No. 040720. The circuit court certifies a question in an extradition case. The issue is whether extradition warrants are now defective because they assert offenses with which petitioner was charged at the time the warrants were issued, but petitioner has since been indicted on different charges arising from the same facts and circumstances.
Refuse 3-2
[Starcher, J., Albright, J.]
21. Tina Burch v. Paul Smarr, No. 040771. This case is appealed from a December 2, 2003 Circuit Court Order of Remand denying the petitioner of the custody of Zachary Boyce Smarr, which child the petitioner and her same-sex partner, Christina Smarr (the biological mother), jointly raised together since birth. Christina Smarr died on June 1, 2002. Petitioner seeks a reversal of the Court’s decision.
Accept To Motion Docket
22. Webster County Solid Waste Authority v. Brackenrich & Assoc., No. 040786. Petitioner files a direct appeal from the circuit court’s decision finding that the defendant-engineer’s insurance policies did not obligate the defendant-engineer’s insurance carrier, Nationwide Mutual Fire Insurance Company, to defend and indemnify the defendant-engineer for the plaintiff’s and co-defendant’s claims against the defendant engineer.Accept To Motion Docket
23. Webster County Solid Waste Authority v. Brackenrich & Assoc., No. 040787. Petitioner files a direct appeal from the circuit court’s granting of summary judgment in favor of Nationwide Insurance. The petitioner had filed a declaratory judgment action pursuant to West Virginia Code 55-13-1 and Rule 57 of the West Virginia Rules of Civil Procedure, asking the court to adjudge and declare whether certain Commercial General Liability insurance policies issued to Respondent provide coverage to petitioner and Webster County Solid Waste Authority.
Accept To Motion Docket
24. Debra Hess and William Allen v. Ortho Clinic, Inc., No. 040788. This is a medical negligence case. Petitioner files a direct appeal from the circuit court’s order denying its Motion for a New Trial based upon prejudice. A jury found that Dr. Surface deviated from the applicable standard of care and treatment of the deceased.
Refuse 5-0
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