October 6, 2005

1.  Arnold G. Bossie, et al. v. Interstate Properties, Inc. - No. 051255. Certain plaintiffs appeal from the circuit court’s order denying their motion to set aside judgment order and grant a new trial in this action for damages arising out of two flooding incidents which occurred on Little Sandy Creek.

Accept To Motion Docket

2.  Arnold G. Bossie, et al. v. Interstate Properties, Inc. - No. 051256. Defendants appeal from those portions of a jury verdict adverse to defendants in this action for damages arising from two flooding incidents.

Accept To Motion Docket

3. Carl Hall v. Hunter’s View, Ltd. and Uncle Bill’s Loans, Inc. - No. 051272. Defendant appeals from the circuit court’s order denying defendant’s motion for reconsideration of the circuit court’s earlier order denying defendant’s motion for relief from default judgment.

Refuse 4-1
[ Benjamin, J. ]

4.  R.E.X., Inc. v. Ralph Rozzi and Tamara Minnix - No. 051452. Defendants appeal from the circuit court’s order granting summary judgment in favor of plaintiff in the amount of $2,750, plus $1,0433.45 in pre-judgment interest, for a total judgment of $3,793.45, in this breach of contract action. 

Refuse  5- 0

5. Jewell Lynn Cook v. Channel One, Inc., Trudy A. Dozer, Ransford G. Lawrence, Carole Leasing Corp., and John Doe - No. 051315. Plaintiff appeals an adverse summary judgment order in a personal injury action. 

Accept To Motion Docket

6. Stephanie R. Payne, Individually, and as Next Friend of Caitline Payne, a Minor and Richard K. Marquess v. Allstate Insurance Company, a Corporation - No. 051307. Plaintiffs appeal the portion of a circuit court order which granted summary judgment to the defendant on Count I of their complaint. The plaintiffs sought a declaration of uninsured motorist coverage in a case where they assert that a phantom driver forced the plaintiff driver to take evasive action and crash. The circuit court found that plaintiffs lack the independent, third-party corroborating evidence required by Hamric v. Doe, 201 W.Va. 615, 499 S.E.2d 619 (1997).

Refuse 4-1
[ Starcher, J. ]

7.  State of West Virginia v. Elliott Wayne Gwinn - No. 051206. Petitioner appeals his conviction for four counts of first degree sexual assault and two counts of sexual abuse by a parent, guardian or custodian.

Refuse  5- 0

8.  Dixie Provisioners, Inc. v. City Collector, City of Charleston - No. 051396. Dixie Provisioner, Inc. appeals the circuit court’s order which affirmed the decision of the City of Charleston that petitioner is subject to the city’s business and occupation tax. 

Refuse  5- 0

9.  State ex rel. Paul D. Lewis v. John McKay, Administrator, South Central Regional Jail - No. 051421. Petitioner appeals the denial of his omnibus petition for habeas corpus. He previously pleaded guilty to one count of first degree sexual assault.

Refuse  5- 0

10.  John F. Diaz, individually and on behalf of all similarly situated individuals v. Northrop Grumman Corporation - No. 051454. Plaintiff, individually and on behalf of approximately 100 other similarly situated former employees of the defendant company, appeals the circuit court’s order which granted summary judgment to defendant. 

Refuse  5- 0

11. State of West Virginia v. Franklin Boring, Jr. - No. 051441. Petitioner appeals his conviction for robbery in the first degree with the use of a firearm, assault during the commission of a felony, and two counts of wanton endangerment.

Refuse 4-1
[ Starcher, J. ]

12.  John L. Compton v. St. Mary’s Medical Center, Inc. - No. 051473. Plaintiff John L. Compton appeals the circuit court’s order which dismissed claims against Defendant CAMC with prejudice and which denied a motion to amend the complaint to add nine additional defendants.

Accept To Motion Docket
[ Benjamin, J. Not Participating ]

13.  Anthony G. Kendrick v. Thomas McBride, Warden, Mount Olive Correctional Center - No. 051504. Anthony Kendrick appeals the denial of his petition for habeas corpus. He was previously convicted upon a guilty plea of one count of sexual assault in the first degree and one count of sexual assault in the third degree.

14.  State of West Virginia v. Randall G. Nichols - No. 051505. Criminal defendant appeals a victim restitution order awarding $107,433. He asserts that the restitution hearing was held without his presence or knowledge, in violation of his constitutional rights.

15.  West Virginia Workers’ Compensation Commission v. Stephanie Harshbarger - No. 051967. The Workers’ Compensation Board of Review, via the Workers’ Compensation Commission, certifies the following question to the Court:

Whether the Workers’ Compensation Policy, set out in Policy Statement 2.02, effective March 10, 2004 . . . is a proper interpretation and application of the Workers’ Compensation statutes, particularly West Virginia Code §23-4-6 (2003) read in pari materia with West Virginia Code §23-4-10(b) (2003), with respect to the amount of death benefits payable to dependents?

Accept To Motion Docket

16.  Herschel Hugh Drake v. Frances E. Johnson, individually and as executrix of the estate of Herschel L. Drake and Shirley Chell and Glen Sutton - No. 051524. Petitioner appeals the decision of the lower court determining that no evidence was presented that respondents did not use their fiduciary relationship to transfer Herschel L. Drake’s assets into a joint tenancy. Herschel H. Drake asserts on appeal that he is entitled to an equal, 1/3 share of the entire estate of Herschel L Drake.

Refuse  4- 0
[ Starcher J. Not Participating ]

17.  Lois Cantrell v. Health Management Associates of West Virginia, Inc., d/b/a Williamson Memorial Hospital and Dr. Thomas Scott - No. 051525. This is an appeal from a denial of the petitioner’s Motion for Renewed Judgment as a Matter of Law and for failure to strike expert testimony. The plaintiff’s filed a complaint alleging medical malpractice. The case was tried and resulted in a hung jury. 

Refuse  5- 0

18.  Wausau Insurance Companies v. Greenbrier Valley Solid Waste, Inc., Brian A. Lewis, and Carla A. Lewis and James King and Sandra King, Intervenors - No. 051526. This is a petition for appeal arising from a declaratory judgment action filed by Wausau Insurance Companies against Greenbrier Valley Solid Waste, Inc., Brian and Carla Lewis and James and Sandra King. Wausau issued three insurance policies to Greebrier Valley. Wausau sought a declaration that none of these policies provided coverage for the Workers’ Compensation Deliberate Intent action that the Lewises filed against Greenbrier. The Circuit Court found the term “accident” in the three policies to be ambiguous and held that Wausau must provide insurance coverage to Greenbrier. Summary Judgment was granted in favor of Greenbrier, the Kings and the Lewises. 

Accept To Motion Docket

19.  State of West Virginia v. Robert Dickerson - No. 051527. Petitioner appeals his convictions and sentence for operating or attempting to operate a clandestine drug laboratory under West Virginia Code §60A-4-411.

Refuse  5- 0