1. Kathryn D. Haas v. West Virginia American Water Company, No. 011958. Plaintiff appeals from the circuit court’s order dismissing her cause of action against the West Virginia-American Water Company arising out of an automobile accident.

Grant 4-1
[ Davis, J. ]

 

2. Aaron Elliott v. James Rodger House, II, No. 011968. Plaintiff appeals from the circuit court’s orders awarding summary judgment in favor of defendants in this personal injury action.

Accept to Motion Docket

 

3. Webster County Board of Education v. Barbara Williams, No. 011983. The Webster County Board of Education appeals from the circuit court’s Order reversing the decision of the Administrative Law Judge and directing the Board to pay the grievant back wages, along with her attorney’s fees, costs and expenses. The Board of Education asks this Court to reinstate the decision of the Grievance Board.

Refuse 5 - 0

 

4. Darius Randall Young v. April D. Lipps, Charles Lipps and State Farm Mutual Automobile Insurance Company, No. 011990. Plaintiff appeals from the circuit court’s award of summary judgment in this action arising out of an automobile accident.

Refuse 4 - 1
[ McGraw, C.J. ]

 

5. Ronda Hill Daniel v. Brenda L. James, No. 011396. CERTIFIED QUESTION: Where a deed contains the following language: There is RESERVED and EXPECTED by Ronda Hill Daniel, one of the parties of the first part, the right of first refusal, in such that if the second party ever desire to sell the real estate herein conveyed, the same shall be offered to her by written notice advising of the sell price, which written notice shall be mailed to Ronda Hill Daniel by certified mail, return receipt requested. Ronda Hill Daniel shall then have 30 days from the date of mailing to purchase said real estate. If she desires not to purchase said real estate, then after notification of said desire not to purchase in the 30 day period, the same can be sold to the general public as a price not less than offered to Ronda Hill Daniel, must any rejection, within the 30 day period, be in writing signed by the party to be charged, to be binding upon said person?

The circuit court answered this question in the negative. 

Refuse 3 - 2
[ McGraw, C.J., Maynard, J. ]

 

6. Gormon D. Osborne v. The United States of America, No. 012011. CERTIFIED QUESTION OF LAW: Does West Virginia’s Medical Professional Liability Act provide a cause of action by a third party against a health care provider for foreseeable injuries to the third party proximately caused by the health care provider’s negligent treatment of a patient/tortfeasor?

Grant 4-1
[ Davis, J. ]

 

7. State of West Virginia v. Tobias A. Scales, No. 012009. Defendant appeals from his conviction of first degree murder with the recommendation of mercy asserting various trial errors.

Refuse 4-1
[Starcher, J. ]

 

8. Reginald Carver v. Bobby Kinser, No. 012014. Defendants appeal from the jury’s verdict rendered in favor of plaintiff in this accident involving a pickup truck and coal truck. The total judgment entered against defendants, including pre- and post-judgment interest, is in the amount of $1,639,783.81.

Refuse 5 - 0

 

9. Cookman Realty Group v. Barbara Taylor, No. 012015. The West Virginia Department of Environmental Protection appeals from the circuit court’s Order limiting DEP’s ability to require the remediation of polluted sites that have contaminated groundwater sources.

Grant 3 - 2
[ Davis,J., Maynard, J. ]

 

10. Luther A. Hanson v. Joe Miller, Department of Motor Vehicles v. Emery Massey, No. 012019. In these related DUI cases, the petitioners, Luther A. Hanson and Emery Leon Massey, appeal from orders entered in the Circuit Court of Raleigh County upholding the admissibility of the State’s evidence concerning the intoxilyzer 5000 sobriety breath test and the horizontal gaze nystagmus test. The petitioners contend that the results of the two tests in the petitioners’ respective cases were scientifically unreliable within the meaning of the Daubert decision and, therefore, should not have been considered.

Grant 2 - 2
[ Davis,J., Maynard, J. ]
[ McGraw, C.J., Disqualified ]

11. Diana Bossie v. Boone County Board of Education, No. 010621. This is a certified question case wherein the Circuit Court of Boone County held that the petitioner, Diana Bossie, a teacher, was not entitled to be selected for the position of Assistant Principal at Van High School. The vacancy in the position was posted twice by the respondent, Boone County Board of Education. The issue before this Court concerns the validity of the second posting in view of W.Va. Code, 18A-4-7a [1993], and this Court’s opinion in Mingo County Board of Education v. Jones, 204 W.Va. 340, 512 S.E.2d 597 (1998).

Grant 5 - 0

 

12. Larry W. Teeters v. Assure America Corp., No. 012020. The petitioner, Larry Teeters, appeals from an order entered in the Circuit Court of Brooke County granting summary judgment in favor of the respondent, National Union Fire Insurance Company of Pittsburgh. The petitioner, a Deputy Sheriff of Brooke County, was injured when the vehicle he was operating was struck by an underinsured motorist. The petitioner’s vehicle was owned by the Brooke County Commission and insured by respondent National Union. In granting summary judgment, the Circuit Court determined that petitioner Teeters was not entitled to underinsurance coverage under the respondent’s insurance policy.

Refuse 3 - 2
[ McGraw, C.J., Davis, J. ]

 

13. State of West Virginia v. Richard L. Groat, No. 012022. The petitioner, Richard L. Groat, appeals from an order entered in the Circuit Court of Marion County denying him relief in habeas corpus. The petitioner was convicted of 1st degree sexual assault, incest and sexual abuse by a guardian, all arising from a single incident involving a victim 11 years of age or less. The petitioner’s direct appeal to this Court was refused in 1997. The petitioner contends, inter alia, that the verdict of the jury resulting in the convictions was tainted by a newspaper article which appeared during the underlying trial and that the petitioner’s trial counsel was ineffective.

Refuse 5 - 0

 

14. Elizabeth A. Bailes v. Richard L. McDaniel, No. 012024. The petitioner, Todd Owen McDaniel, appeals from an order entered in the Circuit Court of Kanawha County adopting the recommendation of the Family Law Master that the respondent, Elizabeth Ann Bailes, (the petitioner’s former wife) be allowed to relocate the parties’ minor child to the State of New Jersey. The respondent remarried and intends to live in New Jersey with her spouse. The petitioner contends that the relocation of the child is not for a legitimate purpose and not in the child’s best interests.

Refuse 3 - 2
[ McGraw, C.J., Maynard, J. ]

 

15. Richard Russell v. University of West Virginia Board of Trustees, No. 012025. The petitioner, Richard Russell, a professor at West Virginia University, appeals from an order entered in the Circuit Court of Kanawha County upholding a Level IV grievance decision concerning the petitioner’s summer employment. The Administrative Law Judge and the Circuit Court determined that the petitioner was not guaranteed summer employment beyond the first three years of the petitioner’s initial contract with the University. The petitioner contends, inter alia, that pursuant to the contract, and the circumstances surrounding its execution, he was entitled to continued summer employment.

Refuse 3 - 2
[ McGraw, C.J., Starcher, J. ]

 

16. Lexington Land Co. v. Robert P. Howell, No. 012026. The petitioner, Robert P. Howell, Deputy Commissioner of Delinquent and Nonentered Lands, appeals from an order entered in the Circuit Court of Kanawha County holding that the respondent, Lexington Land Company, is entitled to a refund, and the setting aside of deeds, with regard to nine parcels of property Lexington purchased from the petitioner at a delinquent tax sale. The Circuit Court concluded that respondent Lexington was entitled to such relief because it had complied with the provisions of W.Va. Code, 11A-3-53 [1994], concerning refunds to purchasers where the property is erroneously assessed or is otherwise nonexistent. The petitioner contends, inter alia, that the Circuit Court committed error in so holding because the Circuit Court failed to take any evidence and failed to make appropriate findings.

Grant 5 - 0

 

17. State of West Virginia v. Randall Jeffrey Lockhart, No. 012027. The petitioner, Randall J. Lockhart, challenges his jury convictions in the Circuit Court of Mercer County of one count of 1st degree sexual assault and three counts of sexual abuse by a custodian. The convictions arose from an indictment charging the petitioner with a number of sexual offenses committed against his stepdaughter. The petitioner contends, inter alia, that two of his convictions of sexual abuse by a custodian should be set aside, since he was found not guilty of the "accompanying" sexual assault charges.

Refuse  5 - 0

 

18. Joy G. Butts v. Higher Education, Interim Governing Board [Shephard Boll], No. 012031. The petitioner, Joy G. Butts, appeals from an order entered in the Circuit Court of Jefferson County upholding a Level IV grievance decision in favor of the respondent, Shepherd College. The petitioner, a professor employed by the respondent, was reprimanded for ignoring the request of her immediate supervisor for information concerning the grades of the petitioner’s students. The petitioner contends that, pursuant to the Shepard College Student Handbook, only the College Registrar could have released the grades to the supervisor and that, in ignoring the request, the petitioner was protecting the students’ right of privacy.

Grant 3 - 2
[ Davis,J., Maynard, J. ]

 

19. Milton Lee Mills v. Herman W. Davis, et al., No. 012032. The petitioners, Milton L. Mills and Vanessa F. Mills, appeal from an order entered in the Circuit Court of Wayne County denying their motion to reconsider the dismissal of their action as a sanction for the petitioners’ failure to provide the respondents, Herman William Davis and State Farm Mutual Automobile Insurance Company, with certain matters of discovery. The petitioners contend that the dismissal of the action was overly harsh under the circumstances and that the Circuit Court’s ruling constituted an abuse of discretion.

Grant 3 - 2
[ Davis,J., Maynard, J. ]

20. Gregory Dale Boggess v. Howard Painter, Warden, Mount Olive Correctional Complex, No. 012286. The State seeks to appeal the grant of habeas relief to defendant below based upon instructional error in this matter which the Court agreed to hear on an expedited basis.

Refuse  5 - 0

 

21. State ex rel Sharon Orlofske, individually and all Those Similarly Situated, Local 12 of the International Association of Firefighters, and Lodge 38 of the Fraternal Order of Police v. The City of Wheeling, a Municipal Corporation, No. 012035. City seeks to overturn the lower court grant of mandamus on the issue of whether the City, after the death of a member of its group health insurance, is required to offer unlimited lifetime coverage to surviving spouses and dependents of deceased member.

Accept to Motion Docket

 

22. Ezekiel Hall, an incompetent person, by his mother and next friend Beth Shank and Beth Shank, individually v. Mark Charley, Jr., No. 012039. Defendant in civil case challenges lower court’s ruling refusing to set aside a default judgment on the basis that the court found that he could not present a meritorious defense after he had entered a guilty plea to criminal charges arising from the same conduct.

 

Refuse  5 - 0

 

23. & 24.  Mathew Edwards, as Personal Representative for the Estate of Jeremy Mathew Edwards; Donald Ray Wood, as Personal Representative for the Estate of Jennifer Dawn Wood; James D. Wood, as Personal Representative for the Estate of Deborah Sue Mays; and Jessica Lynn Spradling v. Bestway Trucking, Inc., Albert Victor Mays, Sentry Insurance A Mutual Company, a Virginia company and John Deere Insurance Company, a Illinois company, Nos. 012040 and No. 012106. Plaintiff and alleged tortfeasor defendant below file separate appeals from an order finding that $3,000,000 in insurance coverage was not available in a suit involving an automobile accident.

Grant 4-1
[ Davis, J. ]