West Virginia Supreme Court of Appeals

November 2, 2000

1. Christina Napier v. Lincoln County Board of Education,  No. 002067. Petitioner appeals from the circuit court’s order affirming the decision of the West Virginia Education and Employee’s Grievance Board that positions funded by a federal grant are not regular school board positions and are, therefore, outside the jurisdiction of the grievance procedure.

2. Gerald D. Amtower v. Christina M. Amtower, No. 002063. Petitioner appeals from the circuit court’s order upholding the Recommended Order of the family law master in this divorce action.

3. Patricia Hawkins v. Donald Parker, et al., No. 002065. Defendants appeal from the circuit court’s dismissal of their counterclaim in plaintiff’s suit for possession and ejectment from certain real estate.

 

4. Nicholas Loan & Mortgage Inc. v. West Virginia Coal Co-Op, Inc., and William A. Ray, individually, Gail Ray, individually, and David Ray, individually, No. 002064. The plaintiff appeals from the circuit court’s order granting summary judgment in favor of defendant, David Ray, but which gave plaintiff’s liens against the other defendants priority over David Ray’s liens.

5. Jewell Lynn Cook v. Channel One, Inc., Trudy A. Dozier, Ransford G. Lawrence, Carole Leasing Corporation and John Doe, No. 002078. Defendant, Carole Leasing Corp., appeals from the circuit court’s order denying its motion to set aside the default judgment and for leave to file a late answer in this personal injury action. 

6. Michael K. Shaffer v. South Charleston Stamping & Manufacturing Company and Ability Tool Company (third-party defendant), No. 002080. In this deliberate intent action, the petitioner, Michael K. Shaffer, appeals from a summary judgment granted in the Circuit Court of Kanawha County in favor of the employer, respondent South Charleston Stamping & Manufacturing Company. The petitioner was injured when a nitrogen manifold exploded at the respondent’s automobile parts plant in South Charleston, West Virginia. In granting summary judgment, the Circuit Court found that the petitioner failed to produce evidence that the respondent "intentionally exposed" the petitioner to the danger.

 

7. Darlene Gillingham v. Albert H. Stephenson, et al., No. 002082. The petitioners, Darlene Gillingham and Carl Bumgardner, appeal from an order entered in the Circuit Court of Ohio County denying them a new trial. According to the petitioners, their motor vehicle came to a controlled stop when they noticed that several vehicles ahead of them were involved in an accident. The petitioners’ motor vehicle, however, was rear-ended by a vehicle operated by the respondent, Albert Stephenson. The jury returned a verdict in favor of the respondent. Alleging instructional error, the petitioners contend that they were entitled to a judgment as a matter of law or to a new trial.

8. Evelyn L. (Hartwick) Steel v. Frank I. Hartwick, Jr., No. 002083. The petitioner, Frank L. Hartwick, Jr., appeals from an order entered in the Circuit Court of Berkeley County refusing his request for reimbursement of child support paid to his former wife, respondent Evelyn (Hartwick) Steel. The petitioner sought reimbursement (for the period July 1995 through August 1997) because the children received a social security disability award for that period, based upon the petitioner’s work injury. The Circuit Court determined that a reimbursement would be inequitable.

 

9. George Trimble v. West Virginia Board of Directors Southern WV Community and Technical College, No. 002084. The petitioner, George Trimble, appeals from an order entered in the Circuit Court of Kanawha County affirming the decision of the respondent, Southern West Virginia Community & Technical College, to terminate the petitioner’s employment as a tenured professor in the respondent’s Humanities Department. The respondent’s allegation that the petitioner was guilty of insubordination for failing to comply with certain College directives and for failing to attend certain meetings at the school was upheld by a hearing examiner and by the Circuit Court. The petitioner contends that the Circuit Court erred in failing to enforce the petitioner’s property interest in continued employment at the College.

10. Sarah A. Elbon v. Timothy L. Elbon, No. 002085. The petitioner, Sarah A. Elbon appeals from an order entered in the Circuit Court of Randolph County affirming the determination of the Family Law Master that the respondent, Timothy L. Elbon, should be awarded custody of the parties’ two children. That determination was based upon the best interests of the children standard and the fact that the parties’ separation agreement provided that custody of the children would be with the respondent. The petitioner contends, inter alia, that the award of custody to the respondent constituted an improper reversal of a prior judicial determination of the custody issue.

11. Stanley Andrew Shepherd v. Marvin Yoho, No. 002087. Land owners seek to appeal lower court’s grant of exclusive use of right-of-way to adjacent property owners and court’s permanently enjoining land owners from using the same. 

12. State of West Virginia v. Marshall Guyon, No. 002088. Defendant seeks to appeal his sentence on the grounds that it was disproportionate to the crime committed.

 

13. Louis R. Spatafore, John A. Spatafore, Sam Spatafore, II, William Spatafore and Jack’s Friendly, Inc. v. Mary Ann Hardy, William B. Spatafore and Philomena Spatafore, No. 002091. Lessees seek to appeal lower court holding that lease agreement converted to year-to-year tenency and challenge to award a pre-judgment interest. 

14. Stat of West Virginia v. Tara Williams, No. 002100. Defendant seeks to appeal denial of motion to reduce fifty-year sentence for attempted aggravated robbery.

15. William H. Payton, Jr., as parent and next friend of P.D.R., an infant, No. 001690. Non-custodial father seeks to appeal denial of petition for name change of 10-year old son.