Wednesday, September 6, 2000

1.  James Lawrence Robertson, Jr., Individually and Guardian of Jessica B. and Justin R. Robertson v. Susan Morris - 000144 - The petitioners (hereinafter James L. Robertson) appeal a summary judgment order dismissing Susan Morris, the property owner where Mr. Robertson was seriously injured. On appeal, Mr. Robertson asserts: (1) material issues of fact exist precluding summary judgment; (2) the circuit court erred in determining that Mr. Robertson was an independent contractor and was owed no duty by Ms. Morris; and (3) the circuit court erred in failing to find that Ms. Morris breached the duties of reasonable care and providing a safe workplace.-  Granted 4-1, Scott.

2.  State of W. Va. v. Thomas D. Rogers - 000309 - The petitioner, Thomas D. Rogers, appeals from his felony convictions in the Circuit Court of Randolph County of obtaining money or property through fraudulent schemes, obtaining money or property through false pretenses, and embezzlement. The convictions arose from the petitioner's involvement in the sale to the Elkins Distributing Company of computer software belonging to a business known as Micro Vane Incorporated. - Granted 5- 0.

3.  State of W. Va. v. Mitchell Odell Vickers - 000276 - The petitioner, Mitchell O'Dell Vickers, appeals from his jury conviction in the Circuit Court of Wayne County of murder of the first degree. The petitioner was sentenced to a term of life, without the possibility of parole. The petitioner contends, inter alia, that the Circuit Court committed error in admitting in evidence two videotaped statements he gave to law enforcement authorities. - Refused 4-1, Scott.

4.  Teresa Miller, Admx. of the Estate of Lucy Banhart v. Robert L. Baughan - 000314 - Plaintiff appeals from the circuit court's award of summary judgment in favor of defendant in this negligent infliction of emotional distress action related to the personal injury and wrongful death claims belonging to plaintiff's deceased mother. - Withdrawn, 8/31/00.

5.  Eastern Steel Constructors, Inc. v. City of Salem and Kanakanui Associates and unidentified John Doe defendants - 000320 - Plaintiff, Eastern Steel Constructors, Inc., appeals from the circuit court's award of summary judgment in favor of defendant, Kanakanui Associates, in this action for breach of warranty of plans and specifications, negligence, and a third-party beneficiary theory of recovery for damages that plaintiff sustained as a result of delays in a sewage line construction project for the City of Salem.  - Granted 5- 0.

6.  State of West Virginia v. Kenneth Earl Roby - 000354 - The petitioner was given home incarceration following his DUI related conviction. The issue concerns the ability of the petitioner to pay the home incarceration fee. - Refused 4-1, Starcher

7. Marie Elizabeth Livingood Chapman v.Hallie Chapman, Executrix - 000356 - The petitioner, Marie E. Livingood Chapman, appeals from a summary judgment entered in the Circuit Court of Mingo County in favor of the respondent, Hallie Chapman, Executrix. The Circuit Court held that laches barred the petitioner's claim to an insurance policy which had been awarded to the petitioner pursuant to a 1983 divorce decree. -  Refused 4- 0, Maynard Disqualified.

8.  In Re: Charles F. - 000388 - The petitioner, Charles F., appeals from his convictions, upon a juvenile delinquency petition filed in the Circuit Court of Harrison County, of four counts of sexual assault in the second degree. The convictions arose from alleged assaults by the petitioner upon another juvenile. - Refused 3-2, Starcher, Scott. 

9.  Alisha Johnson, Per. Rep. for the Estate of George W. Robertson v. WV Department of Transportation, Division of Highways - 00317 - Plaintiff appeals from the circuit court's dismissal of defendant, the Dept. Of Transportation, Division of Highways, on the basis of lack of subject matter jurisdiction. - Continued to 11/28/00.

10.  Judy Barker v. Lincoln Co. Board of Education - 000323 - The petitioner, Judy Barker, appeals an order of the circuit court reversing a decision of the W.V. Ed. & State Employees Grievance Bd. On appeal, Ms. Barker, contends that the Lincoln County Board of Education erred in failing to immediately place her in the custodian position after her selection. Ms. Barker argues that the Board's policy of postponing placement until the beginning of the next semester violates the requirement of W.V. Code 18A-4-8B and 18A-4-15 that "all vacancies . . . be filled within twenty working days." - Refused 4-1, McGraw. 

11.  State of W. Va. v. Jimmy Trent - 993450 - Defendant appeals convictions of two counts of wanton endangerment and one misdemeanor count of fleeing a police officer. - Granted 3-2, Maynard, Davis. 

12.  Robin Lawson, Exec. of the Estate of Robert E. Lawson v. Hash & Benford, et als. - 001041 - Plaintiff appeals from the circuit court's order granting defendant Hash & Benford's motion to dismiss and its order denying plaintiff's motion to add Lee Benford as a party-defendant. Plaintiff seeks a reversal of these orders. - Granted 5- 0.