1. Sandra Moss v. H.B.A. Cytology Center, Inc., No. 021265. Westfield Insurance Company appeals from the circuit court’s denial of its motion for summary judgment on coverage issues in this personal injury action.

2. Joan Ashworth v. John Doe and Nationwide Ins. Co., No. 020897. Plaintiff appeals from the circuit court’s award of summary judgment in favor of defendant insurance company in this action seeking damages for the negligence of an unknown motorist under the uninsured motorist provision of the policy.

3. Teresa Lane, as mother of Jessica v. Norfolk &Western Railway, No. 021351. Plaintiff appeals from circuit court’s award of summary judgment in favor of the railroad finding that it owed no duty to plaintiff in this action for personal injuries. Plaintiff asserted that the railroad failed to provide protection and warning as to a dangerous condition that it had created immediately adjacent to a state highway.

4. State of West Virginia v. Danny K. Dawson, No. 021359. Defendant appeals from his conviction of third degree sexual assault. He was sentenced to 1 to 5 years in the penitentiary, which said sentence was then enhanced to 2 to 5 years due to the imposition of the recidivist statute.

5. Nancy Stephens v. Associates in Counseling and Training, No. 021362. Plaintiffs appeals from the circuit court’s order dismissing a declaratory judgment action seeking to collect from an employer a judgment attained against one of its employees.

Refuse 4-1
[ McGraw, J. ]

6. State of West Virginia v. Ronald P. Underwood, No. 021426. Defendant appeals from his conviction for first degree arson. He was sentenced to 20 years in the State Penitentiary. He asserts various trial errors.

7. Vickie Akers v. Mercer County Board of Education, No. 021411. Petitioners appeal from the circuit court’s order upholding the decision of the West Virginia Education and State Employee’s Grievance Board, which affirmed the Board of Education’s denial of the reinstatement of a 7-hour work day.

8. Charleston Radiation Therapy v. Carelink Health Plan, Inc., No. 021412. Plaintiff appeals from the circuit court’s dismissal of the complaint seeking to recover a balance owed to it for charges associated with plaintiff’s treatment of a subscriber, as authorized by the defendant health maintenance organization.

9. Karen P. Hein (f/k/a Zaleski) v. Robert J. Zaleski, No. 021413. Petitioner wife petitioned for a modification of child support seeking to compel respondent husband to pay for the special educational expenses of the parties’ minor child. Respondent husband cross-petitioned for a reduction in child support. Petitioner appeals from the circuit court’s order denying, in part, her petition for review and granting respondent husband’s petition for review.

10. Donna Williams v. Adam Arnold and Nationwide Mutual Ins. Co., No. 021525. Nationwide appeals from the circuit court’s order answering a certified question regarding uninsured motorist coverage to a family member and a vehicle operated by a non-family member.

11. David J. Marino v. Region VI Planning & Development Council, No. 021415. Petitioner filed a three count wrongful discharge complaint. The first count sought a writ of mandamus due to the employer’s default in a statutory grievance proceeding. The Court dismissed this count, essentially finding that employees of regional planning and development councils are not eligible for statutory grievance remedies.

12. In Re Marriage of: Jeffrey T. and Rachel L. S, No. 021416. Petitioner sought to intervene in the divorce proceeding between the respondent and co-respondent in order to seek blood testing to confirm whether petitioner was the biological father of infant Joshua S., born 9/14/97. The lower court affirmed the findings of the Family Law Judge denying blood testing.

13. State of West Virginia v. James R. Foreman, No. 021417. Petitioner appeals from his decision to plead to three misdemeanor counts of possession while reserving his right to appeal suppression issues. The Court sentenced the petitioner to two five month jail sentences to run concurrently and two years probation. He asserts various trial court errors.

14. Robert M. Lovell v. State Farm Mutual Auto Ins. Co., No. 021364. This is a civil appeal seeking compensatory and punitive damages for harm caused to petitioners in a separate suit against USF&G, et al, involving breach of contract and bad faith insurance litigation. The Circuit Court entered an order granting a motion for summary judgment in favor of the defendants, State Farm Mutual Insurance Company. The case was summarily dismissed with prejudice.

15. Patricia Hannah, et al. v. David P. Heater, No. 021519. This case is now pending in Logan County and comes to this Court on certified question regarding whether spoliation of evidence exists as a stand alone cause of action in tort.