Supreme Court of Appeals of West Virginia

 gavel     Argument Docket    

Wednesday, September 19, 2001

1.  C K. H. v. Linda Dorsey, et al.  -  29324 - Plaintiff appeals from the circuit court's order granting defendant's Rule 50(b) motion for judgment as a matter of law finding that plaintiff's claims were barred by the statute of limitations. - Continued.

2.  Erika L. Miller v. Monongalia County Board of Education, et al.  - 29695 - The petitioner, Erika L. Miller, appeals from an order entered in the Circuit Court of Monongalia County dismissing her action against the respondent Monongalia County Board of Education as untimely filed. Related to this matter is this Court's decision in State v. McIntosh, 207 W.Va. 561, 534 S.E.2d 757 (2000), in which the third degree sexual assault convictions of McIntosh (the petitioner's former teacher) were affirmed. The petitioner, whose action against the Board of Education arose from McIntosh's misconduct, contends that the Board concealed material facts concerning the misconduct and that the Circuit Court, therefore, should have applied the discovery rule to the limitation period referenced in W.Va. Code, 55-2-15 (1925).

3.   Helen Foster, Exe’x v. Hossein Sakhai, M.D.  - 29339 - Medical malpractice plaintiff seeks to appeal award of a new trial to defendant health care provider which was entered on the grounds of instructional error and argument of counsel. 

4.   Brian W. Rowe v. Sisters of the Pallottine Missionary Society  - 29161 - In this medical professional liability action, the petitioner, Sisters of the Pallotine Missionary Society (St. Mary's Hospital), appeals from a verdict returned in the Circuit Court of Cabell County in favor of the respondent / plaintiff, Brian W. Rowe, in the amount of $880,186. The petitioner contends, inter alia, that the Circuit Court erred in refusing to instruct the jury that it could consider the comparative negligence of others with regard to the respondent's injuries.

5. Jane Doe v. Wal-Mart Stores, Inc., et al.  - 26012 - 

     Jane Doe v. Wal-Mart Stores, Inc.  - 29335 - In this third proceeding before this Court, the petitioner, Jane Doe, appeals from an order entered in the Circuit Court of Raleigh County holding that, although respondent Wal-Mart violated the discovery process by not disclosing a corporate study of crime in Wal-Mart parking lots across the country, no sanction would be imposed upon Wal-Mart since the study would not have been admissible during the trial of this action in 1998. The petitioner contends that the Circuit Court utilized the wrong legal standard in determining whether to impose a sanction. The respondent, Wal-Mart, contends that the Circuit Court ruled that a "severe" sanction would not be imposed; thus, the question of whether to impose any sanction at all is still before the Circuit Court.

    

6. State of W. Va. v. Jeffrey Gaskins  - 29285 -  Gaskins appeals his misdemeanor conviction of possession of less than 15 grams of marijuana. His six-month sentence was suspended and he was placed on supervised probation for one year. He appeals, arguing that the court erred in failing to dismiss the charge because the State had failed to initate prosecution until more than two years after the offense was committed. He argues that this delay violated WV Code 61-11-9. He also argues that the lower court erred in failing to allow him to withdraw his uncounselled guilty plea.

7. State of W. Va. v. Frances Martha Headley  - 29065 - The petitioner, Frances Martha Headley, appeals from her conviction in the Circuit Court of Wood County of the involuntary manslaughter of her male companion, Brian Evans. The petitioner contends that, in view of the history of escalating domestic violence between the petitioner and Mr. Evans, the Circuit Court erred in prohibiting the petitioner from asserting self-defense. In addition, the petitioner contends that the Circuit Court failed to consider the proper factors in entering an order that the petitioner pay restitution to the Estate of Mr. Evans in the amount of $187,209.29.

8.  CB&T Operations Company, Inc., et al. v. Tax Commissioner of State of W. Va.  -  29560 - Petitioners appeal from the circuit court's order affirming the Tax Commissioner's decision concerning a "use" tax assessment. - Continued to Oct. 3.

Laurel Proudfoot v. Dan’s Marine Service, Inc., et al. - 29291 - The petitioner, Dan's Marine Service, Inc., appeals from an order entered in the Circuit Court of Taylor denying the petitioner post-judgment relief, even though it was discovered after trial that a member of the jury was a convicted felon who concealed that fact on the Juror Qualification Form and during voir dire. The jury returned a verdict in favor of the respondent, Laurel Proudfoot, in the amount of $140,956.45 for personal injuries. The petitioner contends that, because of the participation of the juror in question, a new trial should have been awarded without requiring the petitioner to make a specific showing of prejudice.

10.  Mountain Lodge Association v. Crum & Forster Indemnity Co., et al.  - 29289 - Plaintiff appeals from the circuit court's order awarding summary judgment in favor of defendants in this action to recover under a business insurance policy.

11.  SER Kevin Callahan v. Hon. Katherine Santucci, Magistrate - 29103 - Petitioner appeals from the circuit court's denial of his petition for a writ of mandamus to compel the magistrate court to conduct an evidentiary hearing in this misdemeanor action.

12.  Grady Colin Kelley v. Toyota  - 29337 -  The petitioner, Grady Colin Kelley, appeals from an order entered in the Circuit Court of Mingo County denying his motion to set aside an earlier ruling dismissing his products liability action against the respondent, Toyota, for failure to timely effectuate service of process as required by Rule 4(k) of the West Virginia Rules of Civil Procedure. The petitioner contends that he reasonably, but mistakenly, relied upon the Circuit Clerk to effectuate process and that, therefore, the Circuit Court abused its discretion in dismissing the action.

13.  Frieda Kelley v. Toyota  - 29338 - The petitioner, Frieda Kelley, appeals from an order entered in the Circuit Court of Mingo County denying her motion to set aside an earlier ruling dismissing her products liability action against the respondent, Toyota, for failure to timely effectuate service of process as required by Rule 4(k) of the West Virginia Rules of Civil Procedure. The petitioner contends that she reasonably, but mistakenly, relied upon the Circuit Clerk to effectuate process and that, therefore, the Circuit Court abused its discretion in dismissing the action.

14. Lee Bowman, et al. v. Buford Blevins, Sr.  - 29096 - Blevins, by counsel, appeals Judge Kendrick King's Order, dated 8/18/00, in which Judge King transferred custody of Blevins' two children to the children's maternal grandparents, Lee Bowman and Nancy Bowman. - To be presented on briefs only without oral argument.

15.  John Howell, Sr., et al. v. The City of Princeton, et al.  - 29332 - Plaintiffs appeal from the circuit court's order dismissing their actions for various claims under the Wage Payment and Collection Act based upon this Court's decision in Ingram v. The City of Princeton

16.  Henry Conner v. Pound, Conner, Lucas, Andreozzi, Inc.  - 29180 - Foreign corporate defendant seeks to overturn default judgment on the grounds that it never received service of process.

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Monday, November 05, 2001