Tuesday, October 2, 2001

1. Joseph Tankovits, III, et al. v. Lee J. Glessner, et al. - 010310 - Plaintiffs appeal from the circuit court's Opinion and Order directing that certain settlement proceeds be treated as compensatory damages for tax purposes and from the circuit court's separate Order directing plaintiffs to execute a deed conveying all of their interest in certain real property in return for the appraised value of the "land only" without an exception and reservation for the ownership interest that plaintiffs might have in the buildings and appurtenances on the property.

Grant 5- 0

2. Joseph Tankovits, III, et al. v. Lee J. Glessner, et al. - 010309 - Petitioner appeals from the circuit court's order prohibiting the Lee S. Glessner Trust from taking a federal income tax deduction on the Trust's income tax returns for certain transfers and payments made as a part of the settlement agreement. 

Grant 5- 0

3.  Christine Remsberg, Sandra Skal, Patti Bostic and Michell Harrison v. Kmart Corporation  - 010590 - This matter is a continuation of Meadows v. Wal-Mart Stores, 207 W.Va. 203, 530 S.E.2d 676 (1999). The petitioner, K-Mart Corporation, appeals from an order entered upon remand by the Circuit Court of Berkeley County directing K-Mart to pay vacation pay and damages in excess of $6,000,000 to eligible former employees. The petitioner contends, inter alia, that the Circuit Court committed error in including for payment those former employees covered by K-Mart's pre-February 1, 1993, "half-year" vacation policy.

Refused 3 - 2, Davis & Maynard

4.  Helen J. Wilson v. Westbrook Health Services, Inc. - 010553 - The petitioner, Westbrook Health Services, Inc., appeals from an order entered in the Circuit Court of Wood County granting summary judgment in favor of the respondent, Helen J. Wilson, based upon this Courts decision in Meadows v. Wal-Mart, 207 W.Va. 203, 530 S.E.2d 676 (1999). Based upon Meadows, the Circuit Court held that the respondent was entitled to payment for unused sick leave upon separation from employment, since the petitioner's written leave policy was silent upon that issue. The petitioner contends that, under the subsequent per curiam opinion in Ingram v. City of Princeton, no. 26351 (W.Va. - 7/12/00), the respondent was not entitled to payment for unused sick leave. An unrelated portion of this action, State ex rel. Westbrook Health Services, Inc. v. Judge Hill, no. 28591, was submitted to this Court for decision on January 1, 2001.

Refused 3 - 2, Davis & Maynard

5. State of W. Va. v. Bethel Hatcher- 010556 - Defendant appeals from his conviction of first degree murder. He was sentenced to life imprisonment with the possibility of parole.

Grant 4 - 1, McGraw

6. State of W. Va. v. Marvin Mills - 010597 - Defendant appeals from his conviction for first degree murder with the use of a firearm. He was sentenced to life imprisonment without a recommendation of mercy.

Grant 2 - 2, Davis & Maynard
McGraw Disqualified

7.Deleno H. Webb, III, M.D. v. West Virginia Board of Medicine- 010622 -The West Virginia Board of Medicine appeals from the circuit court's order which (1) vacated all restrictions imposed on respondent's medical license by the Board, and (2) reversed the Board's Order disciplining respondent's license.

Grant 3 - 1, Albright
Maynard Disqualified

8.  Charles Cunningham & Donalee Cunningham, et al. v. Sam Beverage, W. Va. Commissioner of  Highways - 010634 - The petitioners, Charles Cunningham, et al., appeal from an order entered in the Circuit Court of Wood County dismissing the respondent, City of Parkersburg, from the petitioners' personal injury action upon the ground that, because the injured petitioner was entitled to workers' compensation benefits with regard to the accident, the City was entitled to immunity pursuant to W.Va. Code, 29-12A-5(a)(11) [1986]. The petitioners challenge the statute's constitutional validity.

Refused 3 - 2, McGraw & Starcher

9. Sue Ann Shroyer v. Harrison County Board of Education- 010798 -  Petitioner appeals from the circuit court's order affirming the decision of the West Virginia Education and State Employee's Grievance Board denying petitioner's grievance.

Grant  3 - 2, Davis & Maynard

10. James A. Waddell v. Clay County Commission, et al., & Clay County Emergency Ambulance Authority, et al. - 010870 - The petitioner, James A. Waddell, appeals from a summary judgment entered in the Circuit Court of Clay County in favor of the respondents, Clay County Commission and Clay County Emergency Ambulance Authority. In granting summary judgment, the Circuit Court concluded that a meeting held by the respondents on June 22, 1998, without notice to the public, did not violate the West Virginia Open Governmental Proceedings Act, W.Va. Code, 6-9A-1 [1999], et seq. The petitioner contends, however, that, inasmuch as the respondents deliberated at the meeting upon an issue which was voted upon the following day, the respondents violated the Act.

Refuse  5- 0