Wednesday, September 4, 2002

1.  Barbara L. Gonzalez v. Hon. David H. Sanders, Judge, and Anchor Industries, Inc. - 020182 - The petitioner, Barbara L. Gonzalez, appeals from a summary judgment entered in the Circuit Court of Berkeley County in favor of the respondent, Anchor Industries, Inc. The petitioner was injured on the job after being assigned to work at the premises of the respondent by her temporary services agency. The petitioner filed a WCC claim against the agency and, in addition, brought a common law negligence action against the respondent. The Circuit Court held that respondent Anchor was a "special employer" entitled to WCC immunity under the "borrowed or loaned servant" doctrine. The petitioner contends, inter alia, that whether respondent Anchor was entitled to immunity should have been a jury question, since the record contained evidence that both the temporary services agency and the respondent supervised and controlled the petitioner's work at the time of her injury. - Refuse 3 - 2, Starcher,  McGraw.

2.  Patrick M. Mays, Administrator of the Estate of Robert B. Mays  v. Hao Chang, M.D. -  020332 - Plaintiff appeals from the adverse jury verdict in this medical malpractice action alleging various trial errors. -  Grant 5 - 0. 

3.  Edna F. Davis v. Lori Pennington -  020347 - The petitioner, Lori Pennington, appeals from an order entered in the Circuit Court of Cabell County evicting her as a tenant from the mobile home park of the respondent, Edna F. Davis. In so holding, the Circuit Court determined that the petitioner was a month-to-month tenant who could be evicted without cause. The petitioner, who has lived in the park for approximately eight years, contends, inter alia, that the eviction was contrary to the "termination of tenancy" provisions of W.Va. Code, 37-15-1 [1993], et seq., which statutory scheme applies to house trailers, mobile homes, manufactured homes and modular homes.  - Refuse 3 - 2, Starcher, Albright.

4.  Gary Dailey v. Board of Review, WV Bureau of Employment Programs; William F. Vieweg, Comm’r, BEP; and Executive Air Terminal, Inc. -  020084 - Petitioner appeals from the circuit court's order affirming the Board of Review's decision that petitioner had been terminated from his employment for gross misconduct. Petitioner seeks a reversal of the circuit court's order and an award of unemployment benefits.   -  Grant 3 - 2 , Davis & Maynard. 

5.  State of W. Va. v. Robert Matthew Crum -  020532 - The petitioner, Robert Matthew Crum, appeals from an order entered in the Circuit Court of Wayne County sentencing him, for the offense of obtaining property in return for a worthless check, to the penitentiary, with credit for time spent in jail between the petitioner's March 15, 2001, arraignment and the petitioner's September 14, 2001, sentencing hearing. - Refuse  5 - 0. 

6.  SER Darrell V. McGraw, Jr., Attorney General v. Telecheck Services, Inc., et al. -  
020373 - The petitioner, Darrell V. McGraw, Jr., Attorney General, appeals from an order entered in the Circuit Court of Kanawha County denying his motion for a temporary injunction with regard to certain check guarantee / acceptance activities of the respondent, Telecheck Services, Inc. (and related corporate entities). The petitioner alleged in the motion that Telecheck committed a number of violations of the West Virginia Consumer Credit and Protection Act between 1997 and 2000 and that its activities should be enjoined pending litigation of the underlying action.   -  Grant 3 - 2 , Davis & Maynard. 

7.  Brenda K. Blake v. Prudential Insurance Company of America -  020443 - Plaintiff appeals from the circuit court's award of summary judgment in favor of the defendant insurance company in this action to recover death benefits under the double indemnity, accidental death provisions in two group life insurance policies.  -  Grant 5 - 0. 

8.  State of W. Va. v. Millard J. DeWeese - Life Without Mercy -  020416 - Petitioner appeals from his conviction for felony murder. He was sentenced to life in prison without mercy.  -  
Grant 3 - 2 , Davis & Maynard. 

9.  Logan Medical Foundation, dba Logan General Hospital v. Molly Mullins & WCD -  020912 - No summary available.  -  Refuse  3 - 2 , Davis & Maynard. 

10.  Nancy L. Parsons, Admx. v. U. S. Traditional, Inc., City of Cameron, Thomas Stern, Cameron Fire Dept., Marshall Co. Commission, and Robert Stern - Certified Question -  020623 - This is a certified question case wherein the petitioner, The Marshall County Commission, challenges the rulings of the Circuit Court of Marshall County which were favorable to the respondent, Nancy L. Parsons, Administratrix. The decedent, a designated pyrotechnic operator and member of the Cameron Volunteer Fire Department, died as the result of an accident during the annual fireworks display of the City of Cameron. The petitioner, The Marshall County Commission, contends that the Circuit Court committed error in holding that it was not entitled to immunity under the West Virginia Governmental Tort Claims and Insurance Reform Act. - 
Refuse  5 - 0. 

11.  Nancy L. Parsons, Admx. v. U. S. Traditional, Inc., City of Cameron, Thomas Stern, Cameron Fire Dept., Marshall Co.Commission, and Robert Stern - Certified Question -  020624 - This is a certified question case wherein the petitioners, The City of Cameron and the Cameron Volunteer Fire Department, challenge the rulings of the Circuit Court of Marshall County which were favorable to the respondents, Nancy L. Parsons, Administratrix, et al. The decedent, a designated pyrotechnic operator and member of the Cameron Volunteer Fire Department, died as the result of an accident during the annual fireworks display of the City of Cameron. The petitioners contend that the Circuit Court committed error in holding that they were not entitled to immunity under the West Virginia Governmental Tort Claims and Insurance Reform Act. - Refuse  5 - 0.