Requests for Oral Presentation
and
Petitions for Appeal

November 18, 1999

1.    State of West Virginia v. Dowell W. Norris, No. 992427. Defendant appeals conviction of malicious wounding. He was sentenced to a term of 2 to 10.

Refuse Petition 4-1
Starcher, C.J.


2.    C & O Motors, Inc. v. Tax Commissioner, No. 992414. State Tax Commissioner appeals from final order holding that certain services to C & O Motors are purchases for resale and thus, exempt from use tax.

Refuse Petition 5-0

3.    Steven L. Story v. Eleanor Worden, Estate, No. 992428. Plaintiff appeals entry of summary judgment for defendants in a personal injury premises liability action.

Remand for Reconsideration in light of Mallett v. Pickens
5-0

4.    State of West Virginia v. Donald McIntosh, No. 992438. Defendant appeals conviction on three counts of third degree sexual assault. Defendant was sentenced to 1 to 5 years on each count all to run concurrently.

Grant Petition 3-2
Davis, J.
Maynard, J.

5.    WV Dept. Of Health/Human Resources v. Thomas Glenn Harris, No. 992439. Defendant appeals order of lower court determining that a paternity action is not barred such that proceedings could go forward to establish paternity, child support and arrearages.

Refuse Petition 5-0    

6.    Herman Catlett-SER v. Carl Legursky, Warden, No. 992440. Defendant appeals from the circuit court's denial of his petition for habeas corpus relief.

Refuse Petition 5-0

7.    David E. Taylor-SER v. Howard Painter, Warden, No. 992441. Petitioner appeals from the summary dismissal of his habeas corpus proceeding without an evidentiary hearing being conducted. Petitioner requests that either a writ issue or the matter be remanded for an evidentiary hearing.

Refuse Petition 5-0

8.    Brenda Sue Moore v. St. Joseph's Hospital, No. 992475. Plaintiff appeals from the jury's award of inadequate damages in this wrongful death action in which defendants were found to be 100% liable.

Accept for Motion Docket

9.    Linda J. Kelley v. Freddie B. Kelley, No. 992476. Defendant husband appeals from the circuit court's order concerning child custody, child support, and alimony awarded to plaintiff in this divorce action.

Refuse Petition 5-0

10.    Brent C. Lilly v. Andrew J. Thompson, No. 992479. Plaintiffs appeal from the circuit court's order dismissing their action, which sought the recision of a deed and monetary damages, on the basis that their claims were either barred by the statute of limitations or failed to state a claim upon which relief could be granted.

Refuse Petition 3-2
McGraw, J.
Scott, J.

11.    Helena K. DeHaven v. Dennis Wert; Meany, No. 992486. Defendant doctor appeals from the jury's award in favor of plaintiff in the amount of $896,955 in this medical malpractice case. Defendant seeks a new trial or, in the alternative, to strike or reduce the jury's future damages award.

     Refuse Petition 3-2
Maynard, J.
Scott, J.

12.    Daymon R. Kinser v. Romney Fruit Ranches, No. 992489. Plaintiff appeals from the circuit court's award of summary judgment in favor of defendants in this action brought against defendants for slander and violations of the bylaws and covenants of the defendant Association.

Refuse Petition 5-0

13.    State of West Virginia v. William J. Sisney, No. 992490. Defendant appeals from the circuit court's refusal to provide him with a hearing on his motion for reconsideration of sentence and from the circuit court's denial of that motion.

Refuse Petition 5-0

14.    Erin Smith v. Animal Urgent Care, No. 992500. The petitioner and third- party plaintiff, Animal Urgent Care, appeals from an order entered in the Circuit Court of Ohio County granting summary judgment in favor of the respondents and third-party defendant, American Insurance Company. The Circuit Court determined that the exclusionary clauses of the insurance policy issued by the respondent precluded coverage with regard to a sexual harassment action filed against the petitioner.

Accept for Motion Docket

15.    United Services Auto v. Kelly Morgan, No. 992501. The petitioner, Kelly Morgan, appeals from a summary judgment entered in the Circuit Court of Wayne County in favor of the insurer-respondent, United Services Automobile Association. The petitioner was shot by the respondent's insured. At issue is the respondent's exclusion of coverage for intentional acts.

Refuse Petition 4-1
McGraw, J.

16.    Robert Johns v. Wheeling National, No. 992474. The petitioner, Robert Johns, appeals from an order entered in the Circuit Court of Marshall County dismissing his breach of contract action against the respondent, Wheeling National Bank. The Circuit Court determined that the action was barred by the 5 year, rather than the 10 year, statute of limitations.

Accept for Motion Docket

17.    Carolyn Wilson v. WV University Hospital, No. 992527. In this certified question case from the Circuit Court of Monongalia County, the petitioner, West Virginia University Hospitals, Inc., contends that, as a private or quasi- private corporation, it should not be held vicariously liable for the negligence of faculty and resident physicians who are employed by the University of West Virginia Board of Trustees, a public corporation. Otherwise, WVUH contends, it should be entitled to the same sovereign immunity which is available to those physicians.

Accept for Motion Docket


18.    Steven M. Roberts v. Consolidation Coal., No. 992529. This appeal by the petitioner, Steven M. Roberts, arises from a jury verdict returned in the Circuit Court of Monongalia County wherein the respondent, Consolidation Coal Company, was found 51% at fault and the petitioner 49% at fault in a deliberate intent action concerning a mining accident. As a result of various offsets, the petitioner was left with zero recovery from the trial.

Grant Petition 4-1
Maynard, J.

19.    Charles E. Hamrick v. John A. Hamrick, No. 992539. The petitioners, Charles Edward Hamrick, et al., appeal from a summary judgment entered in the Circuit Court of Clay County in favor of the respondent notary public who notarized a signature not signed in the notary public's presence. The petitioner contends that the improper acknowledgment was the precipitating event in causing the other respondents to wrongfully claim ownership in, and then damage, a mobile home.

Refuse Petition 3-2
McGraw, J.
Scott, J.

20.    Gary L. Morgan v. Marshall County Comm., No. 992569. The petitioner, Gary L. Morgan, appeals from a summary judgment entered in the Circuit Court of Marshall County in favor of the respondent Marshall County Commission. The petitioner asserted “special relationship” as an exception to the immunity doctrine in an action wherein the respondent was alleged to have been late in responding to a fire which killed the petitioner's decedent.

Refuse Petition 4-1
McGraw, J.