* 1. The Estate of Marjorie I. Verba, by Sally Jo Nolan, Exe’x v. David A. Ghaphery, M.D. - 27464 - Plaintiff appeals from the circuit court's order reducing the verdict in this medical malpractice action pursuant to the medical malpractice cap of W.Va. Code 55-7B-8. Plaintiff seeks a reinstatement of the full verdict.

2. John D. Sergent, Adm. v. City of Charleston, et al. - 28479 - The petitioner, John Sergent, appeals the summary judgment order dismissing his claims against the Cities of Charleston and St. Albans and their respective officers based on the public duty doctrine and immunity under W.V. Code 29-12A-5. Mr. Sergent argues that the defendant officers acted without due regard for the safety of the decedent and general public and that summary judgment was improper because: (1) the Court improperly entertained renewed summary judgment motions after their initial motions were denied; (2) the public duty doctrine was improperly applied to the tortuous misconduct of the defendants; (3) the "reckless disregard" exception to the public duty doctrine was not applied; and (4) proximate cause and foreseeability of the consequences of the police acts was erroneously found not to exist. 

*  This argument  is a rehearing from an opinion filed December 13, 2000.