September 29, 2004 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Wednesday, September 29, 2004

The Court will convene and call the Motion Docket at 9:00 a.m.

1. Malinda Parrish, individually and Admx. for the Estate of Steven F. Parrish, et al. v. Malcolm Carr Taylor, Jr. & Roberts & Oake, Inc. - 040843 - Plaintiffs appeal from the circuit court's denial of a motion for new trial on their wrongful death claim and from the circuit court's granting of the defendant's motion for judgment as a matter of law on plaintiffs' negligent hiring claim. - Withdrawn.

2. State of W. Va. v. Rarren Armonn Berry - 040858 - Petitioner seeks an appeal to obtain a reduction of his 32 year sentence after his guilty plea for First Degree Robbery. It is alleged that the Court abused its discretion by issuing a disproportionate sentence. - Refuse 3-2, Starcher & Albright.

3. Wayman R. Fravel and W. Keith Wyckoff v. Soles Electric Company, Inc. - 040890 - Plaintiffs appeal following an adverse jury verdict in this action for wrongful discharge. - Refuse 4-1, McGraw.

4. Glen Yeager and Anita Yeager, individually, dba Ponderosa of Kanawha City v. Aetna Casualty & Surety Co., et al. - 040952 - Petitioners seek appellate review of the circuit court's grant of respondent Aetna's motion for summary judgment and denial of petitioners' motion for summary judgment. The Court found that Aetna had no duty to defend the underlying cases and that there was no coverage under the policies for the complaints alleged. - Grant 5-0.