Supreme Court of Appeals of West Virginia

 gavel Argument Docket  
                
Wednesday, October 9, 2002

1.  SER Daniel L. Sams v. Paul W. Kirby, Comm’r, DOC, et al.  - 26647 - Original Jurisdiction petitions for a Writ of Mandamus seeking to compel the transfer of inmates sentenced to Division of Corrections facilities from county and regional jail facilities into the appropriate Division of Corrections facilities.

SER Jason Spiker v. Paul W. Kirby, Comm’r, DOC, et al.  - 26909 - See above.

SER John G. Benger v. Paul W. Kirby, Comm’r, DOC, et al.  - 26910 - See above.

SER Earl Puffenburger v. Paul W. Kirby, Comm’r, DOC, et al.  - 27308 - See above.

SER Eric C. Robinson v. Paul W. Kirby, Comm’r, DOC, et al.  - 27309 - See above.

SER Coleen Roath v. Maj. Gen. Otis Cox, Secretary, Dept. of Public Safety, et al.  - 26911 - See above.

2.  Carol Gallant, et al. v. County Commission of Jefferson County  - 30316 - Petitioners appeal from the circuit court's order that dissolved a temporary injunction, which had previously issued prohibiting the demolition of the Jefferson County Jail, and dismissed petitioners' case, with prejudice.

3.  Camden-Clark Memorial Hospital Corp. v. Sonya Turner  - 30459 - Defendant appeals from the circuit court's award of a permanent injunction in favor of the plaintiff Hospital.

4.  Gary Edwin Wright v. Leanne M. Wright  - 30468 - In this divorce action, the petitioner, Leanne M. Wright, appeals from an order entered in the Circuit Court  granting her former husband specific performance and appointing a special commissioner to convey to him the petitioner's ownership interest in the parties' former marital residence. - Dismissed.

5. (*)  State of W. Va. v. Paul Ray Varner, Jr. -  30518 - Petitioner appeals the circuit court order sentencing him to life without mercy for first degree murder conviction and for not less than one (1) nor more than fifteen (15) years for burglary, the sentences to run consecutively, with restitution to victims.

6.  Farmers Mutual Insurance Co, et al. v. Herbert Junior Tucker -  30469 - In this insurance coverage action, the petitioner, Hubert Junior Tucker, appeals from a summary judgment, entered in the Circuit Court of Putnam County in favor of the respondent, Farmers Mutual Insurance Company. 

7.  Betty A. Tiernan v. Charleston Area Medical Center, Inc. -  30362 -  Plaintiff appeals from the order entered by the circuit court on remand from this court in Tiernan v. Charleston Area Medical Center, Inc., 506 S.E.2d 578 (W.Va. 1998) in relation to plaintiff's claims for breach of contract, detrimental reliance and violation of statutory and regulatory policies. Plaintiff also asks this Court to revisit and overturn that portion of its decision in Tiernan dismissing her tortious interference claim. - To be submitted on briefs only without oral argument.

8.  James Tolley, et al. v. ACF Industries, Inc., et al. -  30461 - Plaintiffs appeal from the circuit court's award of summary judgment in favor of the defendant employer, ACF Industries, Inc., in this deliberate intent action for personal injuries.

9.  Anna Hall, et al. v. Larry D. Casto, D.C.  - 30462 - Plaintiff appeals from an adverse jury verdict in this chiropractic malpractice action and from the circuit court's denial of her motion for a new trial.

10.  Jerry and Kathy Withrow, et al. v. West Virginia University Hospitals, et al. -  30463 - Plaintiffs appeal from the circuit court's order granting summary judgment in favor of defendant in this medical malpractice action. - To be submitted on briefs only without oral argument.

11.  In Re the Marriage of: Stephen A. Robinson v. Lynn E. Coppala - 30464 - Petitioner wife appeals from the circuit court's order setting aside the recommendation of the family law master that respondent husband pay alimony to her for three years and maintain an irrevocable life insurance trust for the parties' minor child until she reaches the age of 18.

12.  Lower Donnally Association v. Charleston Municipal Planning Comm., et al. -  30470 - The petitioner, Lower Donnally Association, challenges an order entered in the Circuit Court of Kanawha County dismissing its petition for a writ of certiorari filed in the Circuit Court from a zoning recommendation of the respondent, Charleston Municipal Planning Commission. The controversy concerns the petitioner's opposition to the construction of a 24-unit apartment complex in the petitioner's single-family residential area.

13.  Phillip A. Ward v. Michael H. Cliver  - 30493 - Petitioner appeals circuit court order dismissing his 1983 action under the West Virginia Prisoner Litigation Reform Act as frivolous and harassing. Petitioner asserts that the defendant prison guard committed perjury and submitted a false affidavit in the prisoner's Court of Claims case involving lost personal property. -  To be submitted on briefs only without oral argument.

14.  Leon Richards, et al. v. Roy Kees, et al.  - 30467 - Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of defendant, Roy Kees, in this action arising out of a motor vehicle accident. -  To be submitted on briefs only without oral argument.

15.  SER Jesse H. Riley v. Edward Rudloff, Adm., et al.  - 30725 - No summary available.

(*) This case will be heard at 10:00 a.m.
      Justice Albright disqualified
      Judge David R. Janes sitting by temporary assignment

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Wednesday, October 09, 2002