Tuesday, October 31, 2000

1.  DK Excavating, Inc. v. WV Division of Environmental Protection - 000402 - The Division of Environmental Protection ("DEP") appeals from the circuit court's order reversing the decision of the West Virginia Surface Mine Board, which upheld the DEP's decision that the activity described in plaintiff's application constituted "surface mining" for which a permit is required by West Virginia law. - Granted 3-2, Maynard, Scott. 



2.  State of W. Va. v. William Trampus Widmyer- 000606 -  Widmyer appeals his convictions for first degree murder, malicious assault, breaking and entering, possession of a vehicle knowing it to be stolen, and destruction of property. He was sentenced to life without mercy for the murder convictions. - Refused 3-2, Starcher, Scott. 


3. John D. Sergent, Adm. v. City of Charleston; William H. Hart & Greg White, Police Officers; City of St. Albans; and J. H. Crawford, Police Officer - 000759 - The petitioner, John Sergent, appeals the summary judgment order dismissing his claims against the Cities of Charleston and St. Albans and their respective officers based on the public duty doctrine and immunity under W.V. Code 29-12A-5. Mr. Sergent argues that the defendant officers acted without due regard for the safety of the decedent and general public and that summary judgment was improper because: (1) the Court improperly entertained renewed summary judgment motions after their initial motions were denied; (2) the public duty doctrine was improperly applied to the tortuous misconduct of the defendants; (3) the "reckless disregard" exception to the public duty doctrine was not applied; and (4) proximate cause and foreseeability of the consequences of the police acts was erroneously found not to exist. - Granted 2-2,  Davis & Maynard,   Scott Disqualified.

4. Mark Stricklin and Wendy Stricklin, his wife, and William R. Lewis and Donna Lewis, his wife v. Kenneth B. Meadows and Lucille Meadows, his wife - 000573 -  Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of defendants and disallowing an easement and right-of-way in this real property dispute. -  Granted 5- 0. 

 5. Dairyland Insurance Co. (State Farm Mutual Automobile Insurance Co.*) v. Joyce Fox, Admx. of the Estate of Ivan Fox., Jr., Estate of Anthony Adkins; Estate of Stephen Adkins; William Haga, and Stephen Lowry  - 001017 - The petitioner, State Farm Mutual Insurance Company, appeals from a summary judgment entered in the Circuit Court of Summers County in favor of the respondent, the Estate of Anthony Adkins. Mr. Adkins, a passenger, was killed in an accident involving a vehicle insured by the Dairyland Insurance Company. Mr. Adkins' parents had two separate State Farm policies insuring two separate vehicles. The Circuit Court held that the respondent Estate is entitled to stack the limits of underinsurance coverage under the two policies issued by State Farm. - Granted 4-1,  McGraw. 

6.  Gary A. Hedrick v. WV Public Service Commission  - 001820 - Hedrick files, pro se, a petition for suspension of Final Order of the West Virginia Public Service Commission, claiming that the PSC abused its discretion by considering evidence outside the pleadings and in denying Petitioner's Exceptions to the ALJ's Recommended Decision, erred in making its findings of fact, misapplied legal principles, erred in its conclusions of law, and that the PSC failed to provide a fair and impartial forum for the litigation of the Petitioner's complaint. -  Refused 5- 0. 

7.Erie Insurance Property and Casualty Company v. Stage Show Pizza, JTS, Inc. and John Paul Harvey - 001260 - Defendant, Paul Harvey, appeals from the circuit court's award of summary judgment in favor of the plaintiff insurer finding that there was no coverage for the claims asserted by defendant in this declaratory judgment action. -  Granted 5- 0. 


8.  Randy D. Ammons & Patricia Lynn Ammons v. Landmark Builders, Inc. -  001297 - This is a personal injury action from the Circuit Court of Berkeley County wherein the petitioners, Randy D. Ammons and Patricia Lynn Ammons, appeal from a jury verdict finding Mr. Ammons 52% negligent and the respondent, Landmark Builders, Inc., 48% negligent. The action arose when Mr. Ammons was injured while working at a new home construction site. The petitioners contend, inter alia, that the verdict of the jury was not supported by the evidence. -  Granted 5- 0. 

9.  SER Darrell V. McGraw, Jr., Attorney General* v. Wampler Foods, Inc., and WLR Foods, Inc.  - 001220 - The State of West Virginia seeks reversal of the trial court's granting of judgment on the pleadings (and motion to dismiss) of claims asserted under the Consumer Credit and Protection Act and the Antitrust Act. - Deferred.

10.  Mary Leanette (Williams) Cook* v. Stephen James Williams - 000355 - The petitioner, Mary Leanette ( Williams ) Cook, seeks an appeal, or relief in mandamus, in this Court from a summary judgment entered in the Circuit Court of Randolph County in favor of the respondents, Stephen James Williams and Arlene Williams. The petitioner and respondent Stephen James Williams were divorced, and the controversy herein concerns the enforcement of the petitioner's one-half undivided interest in the former marital real property. -  Granted 5- 0.