Argument
Docket
Tuesday, September 11, 2007
1. Stacey A. Strum, et al., Co-Administrators, etc. v. Traci Marie Swanson, et al. - 33285 - Defendant insurance carrier appeals from the circuit court's order granting summary judgment in favor of plaintiffs regarding underinsured motorist coverage.
2. American Canadian Expeditions, Ltd. v. The Gauley River Corp., et al. - 33246 - Plaintiff American Canadian Expeditions, Ltd. appeals the circuit court's order granting summary judgment in favor of defendants The Gauley River Corporation and Mountain River Tours, Inc. The court found that holding an option to purchase certain real property did not give plaintiff a legal or equitable right to seek damages for timber removed from the property during the option period. - Rescheduled to Oct. 10.
3. Yvonne D. Reed, et al. v. Walter Jason Orme - 33291- The Petitioners seek an appeal of the circuit court's (June 18, 2006) order that granted summary judgment for the Defendant in a civil action seeking damages from a vehicle accident. - To be presented on briefs only without oral argument.
4. Debbie Plumley v. WV Department of Health & Human Resources/OHFL&C - 33287 - The petitioner, the WV DHHR Office of Health Facility Licensure and Certification, appeals the circuit court's order which reversed the Final Order of the DHHR Secretary. The Secretary's Order had found respondent Debbie Plumley ineligible to operate a "legally unlicenced health care home."
5. Donna Joan Blankenship, et al. v. Ethicon, Inc., et al. - 33224 - Plaintiffs appeal from the circuit court's order granting defendant hospital's motion to dismiss holding that all of plaintiffs' claims are barred by the West Virginia Medical Professional Liability Act and that West Virginia common law does not permit product liability claims to be made against healthcare providers as the distributor or seller of products. The circuit court's order was entered following this Court's remand for reconsideration of the circuit court's initial ruling in light of Boggs-Camden Clarke Mem. Hosp. Corp., 216 W.Va. 656, 609 S.E.2d 917 (2004).
6. State of W. Va. v. David Nelson - 33188 - David Nelson appeals his conviction for first degree murder, kidnaping, first degree sexual assault, conspiracy to commit murder, conspiracy to commit kidnaping, and conspiracy to commit first degree sexual assault. He was sentenced to two consecutive terms of life without mercy, plus 18 to 50 years.
7. Charles E. Canterbury v. William R. Laird, IV, Sheriff, et al. - 33132 - Petitioner, Charles Canterbury, appeals the December 30, 2005 Order of the Fayette County Circuit Court granting summary judgment on all counts of the complaint in favor of defendants. The petitioner filed suit seeking compensatory and punitive damages against the County Commission and the Town of Mount Hope arising out of an alleged unconstitutional arrest. - Rescheduled to Oct. 23.
8. SER K Mart Corporation, et al. v. Hon. Jeffrey B. Reed, Judge et al. - 33351 - K-Mart seek a writ of mandamus to compel Judge Reed to make the defendants (plaintiffs) produce medical record. - Dismissed.
9. SER Darrell V. McGraw, Jr. v. Hon. Jay M. Hoke, Judge - 33445 - Petitioner, State of WV, seeks issuance of a writ of mandamus directing respondent to enter a final order in two actions currently pending. - Dismissed.
10. SER Terron Godfrey v. Hon. James J. Rowe, Judge - 33444 - Petitioner seeks a writ of prohibition to prevent the State from retrying petitioners on criminal charges. Petitioner contends this would be in violation of his Fifth Amendment Right barring double jeopardy.
11. SER Gregory Wayne Fritzman v. Hon. Mark Karl, Judge - 33342 - Defendant convicted by guilty plea of multiple sexual offenses seeks issuance of a writ of mandamus against circuit court to obtain appointment of new counsel in underlying habeas corpus action. - Dismissed.
The briefs and other filings are provided in PDF format.
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