Argument
Docket Wednesday, October 7, 2009
Supreme Court of Appeals of West Virginia
Argument
Docket
Wednesday, October 7, 2009
1. Stanley W. Dunn, Jr. and Katherine Dunn v. Douglas S. Rockwell, et al. - 34716 - Stanley W. Dunn, Jr. and Katherine B. Dunn appeal the circuit court's orders granting adverse summary judgment and dismissing their claims against defendants Carol K. Rockwell and Martin & Seibert, L.C. pursuant to the statute of limitations.
2. Richard Blake, Jr. and John T. Parker v. State Farm Mutual Insurance Co. - 34725 - Petitioner State Farm appeals from the circuit court's order granting partial summary judgment in favor of plaintiffs. The circuit court found that the policy language relied upon by State Farm in its denial of liability coverage violated West Virginia law; that State Farm owed plaintiff Blake a duty of defense in a magistrate court action; and that plaintiff Blake had a reasonable expectation of coverage for the loss asserted. State Farm seeks a reversal of these rulings.
3. The Associated Press v. Steven D. Canterbury, Administrative Director - 34768 - Petitioner appeals from the circuit court's order ruling that eight of thirteen e-mails were not public record because they did not contain information related to the affairs of government, former Justice Maynard's "official acts" as a state officer, or the conduct of the public's business, but that had Justice Maynard not recused himself from the Caperton cases and other cases involving Massey, the e-mails would have been placed into the public's business. Petitioner seeks a reversal and asserts that the circuit court erred in refusing to order the disclosure of the requested public record.
4. State of WV v. Edward C. Grimes - 34735 - Edward Charles Grimes appeals his conviction for second degree murder. He alleges inter alia a Brady violation, misconduct before the grand jury, evidentiary error, insufficient evidence to allow the jury to consider first degree murder, that the court should have granted his dispositive motions, and disproportionate sentence.
5. L.H. Jones
Equipment Company v. Swenson
Spreader, LLC - 34745 - The United States District Court for the Northern District of West Virginia presents the following certified question:
Recognizing that Article 6, Section 30, of the West Virginia Constitution provides that "[n]o act hereafter passed, shall embrace more than one object, and that shall be expressed in the title," and that an act shall be void as to any object in it which is not so expressed, and also acknowledging the long-standing precedent of the Supreme Court of Appeals of West Virginia that "[t]he title of an act should be construed most liberally and comprehensively in order to give validity to all parts of the act," Syl. Pt. 2, Brewer v. City of Point Pleasant, 114 W.Va. 572 (1934), and that "[w]hen the principal object of an act is fairly expressed in its title, other incidental or auxiliary objects which are germane to the principal object may be included in the act without titular specification," id. at Syl. Pt. 3, is the West Virginia Farm Equipment Dealer Contract Act, W.Va. Code § 47-11F-1, et seq. ("the Act"), limited in its scope and application to "dealers" and "suppliers" of "farm equipment," as stated in the Act's title, or do the protections of the Act extend to "dealers" and "suppliers" of "farm, construction, industrial or outdoor power equipment or any combination of the foregoing," as provided in the definition of "dealer," found in the Act at § 47-11F-2?
6. Lois Arnold v. David G. Palmer, Trustee, et al. - 34738 - Petitioner bank appeals from the circuit court's order denying its motion for summary judgment in this action bought to permanently enjoin the foreclosure on certain real property. Petitioner asserts that the circuit court's order contradicts the applicable statute, case law, and a basic understanding of deeds of trust and how they function. Petitioner seeks a reversal.
7. Doris E. Jennings v. Farmers Mutual Insurance Co., et al. - 34743 - Petitioner Farmers Mutual Insurance Company appeals from an May 20, 2008, Order of the Monongalia Circuit Court, granting summary judgment on behalf of Respondent Fike and against Farmers on its claims of Contribution/Indemnity and Negligent Misrepresentation. The lower court further found that the claims of Professional Negligence and Intentional/Negligent Infliction of Emotional Distress were not assignable.
8. Keith West and Susan West v. WV Dept. of Transportation, Division of Highways - 34749 - Petitioners, the West Virginia Department of Transportation, Division of Highways and Commissioner Paul A. Mattox, appeal following a Brooke County Circuit Court jury verdict in favor of the plaintiffs in the amount of more than $8 million. On appeal, petitioners argue that the lower court erred in failing to remit the judgment amount exceeding the DOH insurance coverage, and in failing to recognize that Endorsement No. 7 provides an exclusion to coverage under the State's insurance policy.
9. Brenda Diane Ware v. David Gary Ware - 34720 - David Gary Ware appeals the circuit court's orders on issues of equitable distribution and the effect of an ante-nuptial agreement.
10. Andrea Karpacs-Brown v. Anandhi Murthy, M.D. - 34747 - Defendant doctor appeals from a $4 million verdict rendered in favor of plaintiff in this medical malpractice action. Defendant raises various evidentiary and procedural errors. Defendant seeks a reversal and a remand for an entry of judgment in defendant's favor on the decedent's claim and for a new trial on the claims of the decedent's children. In the alternative, defendant seeks a reversal of the judgment and a remand with instructions that the trial court enter judgment for no more than $1 million, plus post-judgment interest and ordinary taxable costs.
11. In Re: Emily G. - 34752 - Petitioners/Grandparents appeal the circuit court's dismissal of their petition alleging the abuse and neglect of their granddaughter, of whom they are custodians, by the child's parents through their acts of domestic violence against one another.
12. Kimberly Thomas v. Joseph B. Morris- 35141- Petitioner, Kimberly Thomas, appeals from the denial of a Petition for a Domestic Violence Protective Order from both the Clay County Circuit Court and the Clay County Family Court. Both Courts determined that the petitioner failed to establish by a preponderance of evidence that an incident of "domestic violence" or "abuse" had occurred, as defined by West Virginia Code §48-27-202(5).
The briefs and other filings are provided in PDF format.
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