September 6, 2001
1. Howard Hill v. Marshall County Board of Education, No. 010848. Petitioner appeals from the denial of his request for reclassification from a Plumber I\General Maintenance Employee to a Plumber II\General Maintenance Employee.
Refuse 5- 0
2. Cathy B. Cliff v. Daniel M. Cliff, No. 010891. Plaintiff wife appeals from the circuit court’s Order declining jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act and transferring jurisdiction of this action to the State of Maine. Plaintiff wife seeks a reversal and remand of this action to the Jefferson County Circuit Court.
Refuse 5- 0
3. RLS, a minor, by his next friends, Kathy Spaulding, mother, and Ronnie S., father; Kathy S. and Ronnie S. v. Mingo County Board of Education, et al., No. 010930. Plaintiffs appeal from the circuit court’s order finding that the jury’s award of lost wages in the amount of $88,928.00 exceeded the evidence in the case and should be ignored.
Grant 4 - 1
[Maynard, J.]
4. Linda Ruth Roleff (Bosley) v. James Courrier Bosley, No. 011105. Defendant husband appeals from the circuit court’s Order that found that the parties’ agreement concerning the distribution of real estate located in Florida was irrelevant.
Refuse 4 - 1
[Albright, J.]
5. State of West Virginia v. Harold S. Billingsley, No. 011108. Petitioner appeals from his convictions on 1 count of aggravated robbery and 1 count of conspiracy to commit a felony. He was sentenced to 10 years for the aggravated robbery and 1-5 years for the conspiracy to commit a felony, those sentences to run concurrently.
Refuse 3 - 2
[McGraw, C.J., Starcher, J.]
6. State of West Virginia v. John D. Hickman, Jr., No. 010912. Defendant appeals from his conviction for driving while revoked for DUI. He was sentenced to 6-months.
Refuse 4 - 1
[Albright, J.]
7. CNG Transmission Corporation v. Joseph M. Palmer, Tax Commissioner of the State of West Virginia, No. 011111. Petitioner appeals from the circuit court’s order affirming the Tax Commissioner’s ruling that petitioner was liable for a use tax relating to the purchases of goods and services in connection with petitioner’s gas transmission activities. Petitioner seeks a reversal of the circuit court’s order and a refund, with interest, of the use taxes and interest paid under protest by petitioner.
Grant 5 - 0
8. Thomas Reed v. T&J Trucking, Inc., Carl D. Blevins, a.k.a. Carl Blevins, Jr. d/b/a Carl Lee Trucking; and Nationwide Mutual Ins. Co., insurer for Carl Lee Trucking; consolidated with Cecil A. Runyon and Janna G. Runyon, his wife, and Cecil A. Runyon, Jr., by his next friend and father, Cecil A. Runyon v. T&J Trucking Co., Carl D. Blevins a.k.a. Carl Blevins, Jr., d/b/a Carl Lee Trucking ; and Nationwide Mutual Ins. Co., No. 011113. Plaintiff appeals from the circuit court’s award of summary judgment in favor of defendants in this action arising out of an automobile accident.
Grant 3 - 2
[McGraw, C.J., Starcher, J.]
9. Thomas Lee Smith v. Mark Allen Burdette and The City of St. Albans, No. 011114. Plaintiff appeals from the circuit court’s award of summary judgment in favor of defendants in this action arising out of an automobile accident.
Accept to Motion Docket
Petitioner appeals from her conviction on two counts of forgery of a public document and one count of fleeing an officer with injury. She was sentenced to 1 to 10 years for each forgery conviction and 1 to 5 years on the fleeing from an officer with injury, those sentences to run consecutively.10. State of West Virginia v. Dawn Renee Couch, No. 011119.
Refuse 5- 0
11. RLS, a minor, by his next friends, Kathy S., mother, and Ronnie S., father; Kathy S. and Ronnie S. v. Mingo County Board of Education, et al., No. 011134. Defendants appeal from the circuit court’s orders denying their motions for judgment as a matter of law, for a new trial and to amend the judgment and from the circuit court’s order granting plaintiff’s petition for attorney fees and costs.
Refuse 3 - 2
[Maynard,.J., Davis, J.]
12. Anthony W. Huffman v. Speedway Superamerica, No. 011123. This matter is limited to a consideration of one of four consolidated actions, i.e., Eugenia Moschgat, Administratrix of the Estate of Linda Sue Good Kannaird v. Speedway Superamerica, LLC, et al., and whether the petitioner, Eugenia Moschgat, was wrongfully replaced as Administratrix of the decedent’s Estate. Specifically, the petitioner, Ms. Moschgat, appeals from an order entered in the Circuit Court of Kanawha County removing her as Administratrix and replacing her with the respondent, Dianna Mae Savilla. The petitioner is the decedent’s only child. The respondent is the decedent’s sister and represents the decedent’s other siblings as well. The petitioner contends that the Circuit Court committed error in failing to afford her an opportunity to challenge the respondent’s factual allegations.
Refuse 4 - 1
[
13. Roxana Robertson, et al. v. Mineral County Board of Education, No. 011141. The petitioner, The Mineral County Board of Education, appeals from an order entered in the Circuit Court of Kanawha County reversing a Level IV grievance decision and holding that the respondents , Roxana Robertson, et al., were entitled to ten dollar, rather than five dollar, monthly salary supplements (in view of the respondents’ high school diplomas and college credit hours), even though the respondents were half-time school service employees. The petitioner contends, inter alia, that the Circuit Court should have applied the opinion of the State Superintendent of Schools to the effect that "additional pay may be reduced by one-half for half-time employees."
Refuse 5- 0
The petitioners, Kanawha County Commission and Kanawha County Assessor, appeal from an order entered in the Circuit Court of Kanawha County holding that the respondent, Eastern Associated Coal Corp., did not have to pay a $108,222.94 penalty for failure to file a property tax return for assessment purposes for the years 1994, 1995, 1997 and 1998, with regard to Eastern’s coal reserve property underlying an 18,000 acre tract in Kanawha County. The petitioners contend that it was respondent Eastern’s responsibility to file a return and that, therefore, the penalty should have been upheld.14. In Re: Petition for Correction of Erroneous Assessment of Eastern Associated Coal Corp., No. 011153.
Accept to Motion Docket
15. Deborah Best v. Allstate Insurance Company, No. 011146. In this underinsured motorist action, the petitioners, Deborah Best, Mark Best (her husband) and Chad Best (by his mother Deborah Best), appeal from an order entered in the Circuit Court of Marshall County granting summary judgment in favor of the petitioners’ insurer, respondent Allstate Insurance Company. In so ruling, the Circuit Court enforced Allstate’s anti-stacking language, based upon the petitioner’s receipt of a multi-car discount with regard to their two automobiles. The petitioners deny that they received a multi-car discount and contend that they should have been allowed to stack the underinsured motorist coverages. Issues similar to those raised by the petitioners were before this Court in Dunn v. Allstate Insurance Company, No. 010666 (W.Va. - ref. 3-2).
Refuse
3 - 2
[McGraw, C.J., Starcher, J.]
16. Thomas Wilson v. Crystal Hawkins, No. 011154. The petitioner, Thomas G. Wilson, appeals from an order entered in the Circuit Court of Kanawha County granting summary judgment in favor of the respondent, Crystal Hawkins Castleberry, with regard to the petitioner’s claim of entitlement to a share of the legal fee arising from a medical malpractice wrongful death action. The petitioner pursued his claim upon a remand to the Circuit Court following this Court’s decision in Shaffer v. CAMC and Crystal Hawkins Castleberry, et al., 199 W.Va. 428, 485 S.E.2d 12 (1997). The petitioner contends, inter alia, that the Circuit Court committed error in entering summary judgment, since discovery concerning the legal fee issue had not been completed.
Refuse 4 - 1
[
17. Lavanice Graley v. John Doe, No. 011155. In this uninsured motorist case, the petitioner, Lavanice Graley, appeals from an order entered in the Circuit Court of Boone County granting summary judgment in favor of the respondent, John Doe. The respondent, an unknown driver, allegedly ran the petitioner’s school bus off the road, resulting in serious injuries to the petitioner. The two vehicles, however, did not make physical contact. In granting summary judgment, the Circuit Court found that the petitioner’s allegations were insufficiently supported by "independent third-party evidence." The petitioner contends that the totality of her evidence was sufficient to withstand summary judgment.
Grant 5 - 0
18. Deputies J. W. Dailey, et al. v. Putnam County Commission, No. 011162. The petitioner, The Putnam County Commission, appeals from an order entered in the Circuit Court of Putnam County awarding the respondents, Stephen L. Deweese, et al., $15,000 in attorney fees following the resolution of the respondents’ claims of salary and promotion disparities with regard to their employment in the Putnam County Sheriff’s Office. This matter arose during litigation subsequent to this Court’s refusal of the County Commission’s appeal in the underlying case. See, Deputy J. W. Dailey, et al. v. The Putnam County Commission, no. 001357 (W.Va. - refused September 7, 2000).
Refuse 4 - 1
[
19. Mark Blankenship, infant v. Cabell Huntington Hospital, Inc., No. 011163. In this medical negligence action, the petitioner-plaintiff, Mark B. Blankenship, a minor, challenges a jury verdict returned in the Circuit Court of Cabell County in favor of the respondent-defendant, Cabell Huntington Hospital, Inc. According to the petitioner, a nurse employed by the hospital negligently administered a drug to the petitioner during his chemotherapy which permanently disabled his left hand. The petitioner contends that the Circuit Court committed error in denying his motion for a new trial, where counsel for the respondent, during closing argument, indicated to the members of the jury that they should consider sympathy for the nurse during their deliberations.
Refuse 4 - 1
[
20. Pamela Games-Neely v. Real Property , No. 011164. The petitioner, Hattie Sowers, appeals from an order entered in the Circuit Court of Berkeley County refusing to set aside a previous order entering default judgment against her and directing that title to her house and garage be forfeited to the State of West Virginia pursuant to the West Virginia Contraband Forfeiture Act W.Va. Code, 60A-7-701 [1988], et seq. The petitioner contends, inter alia, that the default judgment should have been set aside because her answer to the petition for forfeiture was filed only 4 days late and that the State suffered no prejudice from the late filing.
Grant 5 - 0
21. Harry Reynolds v. George Trent, Warden, West Virginia Penitentiary, No. 011165. Petitioner seeks a writ of habeas corpus based upon several rulings at trial at which he received two consecutive life sentences without mercy.
Accept to Motion Docket
22. Board of Education of the County of Wayne v. Gregory Jackson, No.
011166. Petitioner who is a truck
driver for the Wayne County Board of Education seeks reinstatement of the
weekly allotment of 4 hours of pre-approved over-time.
Refuse 3 - 2
[McGraw, C.J., Starcher, J.]
23. Douglas Brown, individually and as Administrator of the Estate of Leah Brown v. City of Wheeling, No. 011151.
Accept to Motion Docket
24. William A. James, Sr. v. Warden, William M. Fox, No. 011176. Convicted sexual offender challenges public registration requirements under current Sexual Offender Registration Act as an unconstitutional ex post facto law.
Defer
25. State of West Virginia v. John W. Poch, No. 011178. Petitioner who pled guilty to receiving and/or possession of stolen property contends his guilty plea was not knowingly and intelligently made.
Refuse 5- 0
26. Patrick B. Belcher v. Wal-Mart Stores, Inc., a Delaware Corporation; Joyce Hoover; and David Walker, No. 011180. Petitioner challenges grant of summary judgment to Wal-Mart store in customer’s action for defamation and unlawful detention.
Grant 3 - 2
[Maynard,.J., Davis, J.]