Requests for Oral Presentation
and
Petitions for Appeal
 
September 7, 2000

1.    SER Darrell McGraw v. Wampler Foods, Inc.  No. 001220. The State of West Virginia seeks reversal of the trial court's granting of judgment on the pleadings (and motion to dismiss) of claims asserted under the Consumer Credit and Protection Act and the Antitrust Act.

Accept
 
2.    Nedra & Maurice Ackerman v. Pamela & Thomas Ackerman, No. 001228. Petitioner parent seeks reversal of lower court ruling that the West Virginia Grandparent Visitation Statute is constitutional.

Refuse 5-0
3.    Kevin Alden v. Harpers Ferry Police Civil Service Commission, No. 001229. Former Harpers Ferry police officer seeks reversal of circuit court ruling upholding his termination.
Grant 4-1
(Scott, J.)

4.    Tina Beadling v. Jessica Shu & Travelers Indemnity Co., No. 001241. Plaintiff appeals this partial grant of Travelers' motion for summary judgment involving a typical commercial liability policy finding no coverage under Coverage A by virtue of specific exclusions in the policy. (The lower court found there was coverage under Coverage B).

Refuse 4-1


(McGraw, J.)


5.    RGIS Inventory Specialists v. Joseph M. Palmer, No. 001249. Tax Commissioner seeks reversal of lower court ruling that the inventory services provided by RGIS Inventory Specialists constitute “data processing services” which are exempt from sales tax.

Grant 5-0

6.    Douglas & Carrie Morse v. Dennis & Becky Nibert, No. 001250. Petitioners, defendants below, seek reversal of lower court award of partial summary judgment whereby neighboring real estate owners obtained injunction requiring Petitioners to remove certain obstructions from a mutual easement.

Refuse 5-0

7.     Elaine S. Yanak v. Lee H. Pratt, M.D., No. 001251. Plaintiffs appeal from the circuit court's order dismissing this medical malpractice action on the basis that the action was not commenced within the applicable statute of limitations.

Refuse 4-1

(McGraw, J.)


8.    Gregory P. Edwards v. Rhonda G. Edwards, No. 001254. Petitioner appeals from the circuit court's order amending the onset date of child support and alimony.
Grant 5-0
 
(Submit on Briefs Only)

9.    Bd. of Dir. of the State College System v. Clark A. Miller, No. 001255. Petitioner appeals from the circuit court's order upholding the decision of the administrative law judge finding that petitioner had discriminated against respondent on the basis of his age.
Refuse 5-0

10.    Erie Ins. Property & Casualty Co. v. Stage Show Pizza, JTS, Inc. and John Paul Harvey, No. 001260. Defendant, Paul Harvey, appeals from the circuit court's award of summary judgment in favor of the plaintiff insurer finding that there was no coverage for the claims asserted by defendant in this declaratory judgment action.

Accept

11.    State of West Virginia v. Dennis J. Rydbom, No. 001261. Defendant appeals from his conviction for unlawful assault of a correctional officer. He was sentenced to 2 to 5 years in the State Penitentiary. Defendant seeks a reversal or, in the alternative, a reversal and remand to the circuit court for a new trial.

Refuse 5-0

12.    Tina J. Everson, individually, and Mark A. Everson, her husband, and Tina Everson, as next friend of Sean Everson, an infant v. Brandon McClain and Loretta F. Edwards, No. 001262. Defendant, Brandon McClain, appeals from the circuit court's award of a new trial to plaintiff, Tina J. Everson, on the issue of damages for future physical pain and mental suffering, loss of enjoyment of life and permanency in relation to the physical injuries which she sustained as a result of a motor vehicle accident. The circuit court denied defendant's motion for relief from the circuit court's order awarding plaintiff a new trial on this issue.

Refuse 4-1
(Scott, J.)

13.    Charles Peacher v. Paul Kirby, Commissioner of Division of Corrections, No. 001263. Defendant appeals from the circuit court's denial of his petition for habeas corpus relief. He seeks to have his conviction reversed and a new trial awarded.
Refuse 5-0

14.    Virgilene Giboney Moler v. Clyde Raymond Moler, No. 001264. Defendant husband appeals from the circuit court's order on the issue of equitable distribution in this divorce action.

Refuse 5-0


15.    Gary C. Meanor v. Francer H. Meanor, No. 001279. Plaintiff seeks a reversal of the final divorce decree regarding rehabilitative alimony and seeks a credit for sums already paid for alimony against equitable distribution.

Refuse 5-0


16.    Jack Walls, et al. v. Phillip Graham, Jr., No. 001280. Petitioner appeals from the circuit court's order denying his motion to reopen this action for the purpose of developing further evidence.

Refuse 5-0

17.    SER Bobby A. Shelton v. William Fox, Warden, et al., No. 001349. Petitioner appeals from the circuit court's denial of his petition for a writ of habeas corpus seeking to withdraw his guilty plea or otherwise amend his plea agreement.

Refuse 5-0

18.    Deputies J. W. Dailey, et al. v. Putnam Cty. Comm'n., et al., No. 001357. Petitioner, the Putnam County Commission, appeals from the circuit court's order granting respondents' request for a writ of mandamus and ordering the county commission to comply with an order of the Putnam County Deputy Sheriff's Civil Service Commission.

Refuse 4-1
(Scott, J.)


19.    Sylvia Gum v. Robert L. Dudley, et al., No. 001281. This appeal is a follow-up to this Court's decision in Gum v. Dudley, 202 W.Va. 477, 505 S.E.2d 391 (1997) [Davis, J.], wherein this action was remanded to the Circuit court of Berkeley County for the consideration of an appropriate sanction to be imposed upon an attorney who violated the duty of candor in failing to disclose a settlement agreement between two defendants. The petitioner (plaintiff below), Sylvia Gum, appeals from a determination by the Circuit Court that the circumstances of this action do not warrant a sanction against the attorney.
Refuse 5-0

20.    Teresa A. Blackburn v. Joe Blackburn, Jr., No. 001283. The petitioner, Joe Blackburn, Jr. an incarcerated convict represented by a guardian ad litem), appeals from an order entered in the Circuit Court of Barbour County holding that the Family Law Master acted correctly in conducting a final hearing in the parties' divorce action. According to the petitioner, a final hearing should not have been conducted because the notice of that hearing indicated that the hearing would simply be a “pre-trial/status conference.”

Refuse 5-0
21.    State of West Virginia v. Rebecca Atkins, No. 001284. The petitioner, Rebecca Atkins, was convicted in the Circuit Court of Putnam County of the felony offense of possession of a controlled substance ( tylox ) with the intent to deliver. The petitioner contends that the Circuit Court erred in denying her motion to suppress evidence of the offense found in her automobile, inasmuch as the evidence was found through a warrantless search of the vehicle after the petitioner left the scene.
Refuse 4-1
(Starcher, J.)

22.    State of West Virginia v. Gerald Wayne Davis, No. 001285. The petitioner, Gerald Wayne Davis, appeals from his convictions in the Circuit Court of Kanawha County of the felony offenses of burglary and attempted sexual assault in the second degree. The petitioner contends, inter alia, that the evidence was insufficient to support the verdict of the jury.

Refuse 5-0


23.    University of WV Bd. of Trustees v. Sam Lopez, No. 001291. The petitioner, Samuel Lopez, appeals from an order entered in the Circuit Court of Kanawha County reversing a Level IV grievance decision. The Level IV decision stated that the petitioner established retaliation by his employer, West Virginia University, resulting from a prior grievance filed by the petitioner's duties, although the petitioner did not suffer a change of title or a reduction in pay. The Circuit Court, however, determined that the petitioner failed to establish a prima facie case of retaliation.

Refuse 3-2
(McGraw, J., Starcher, J.)
24.    University of WV Bd. of Trustees v. WV Bureau of Employment Programs/Barbara Bennett, No. 001292. The petitioner, University of West Virginia Board of Trustees, appeals from an order entered in the Circuit Court of Kanawha County holding that the respondent food service workers, Barbara Bennett, et al., were entitled to unemployment compensation benefits with regard to the summer months prior to the 1996-97 academic year at West Virginia University. The petitioner contends that the respondents were not entitled to benefits, because they had no contracts for summer employment. Nor were respondents promised employment for the summer months.
Refuse 5-0


25.    McDowell Cty. Bd. of Educ. v. Manuel Dawson, No. 001293. The petitioner, Richard Crigger, appeals from an order entered in the Circuit Court of Kanawha County affirming a Level IV decision which held that the petitioner was not qualified for the position of Director of Transportation. The petitioner contends, inter alia, that the Circuit Court and Level IV administrative law judge erred in equating the position of Director of Transportation with the position of Supervisor of Transportation and relying upon the required qualifications of the latter job.

Refuse 5-0


26.    Randy D. Ammons and Patricia Lynn Ammons v. Landmark Builders, Inc., No. 001297. This is a personal injury action from the Circuit Court of Berkeley County wherein the petitioners, Randy D. Ammons and Patricia Lynn Ammons, appeal from a jury verdict finding Mr. Ammons 52% negligent and the respondent, Landmark Builders, Inc., 48% negligent. The action arose when Mr. Ammons was injured while working at a new home construction site. The petitioners contend, inter alia, that the verdict of the jury was not supported by the evidence.

Accept

27.    Gary R. Dobbs v. Columbia Gas Transmission Corp., No. 001300. The petitioners, Gary R. Dobbs and Jan Dobbs, appeal from an order entered in the Circuit Court of Marshall County dismissing their action against the respondent, Columbia Gas Transmission Corp., for failure to prosecute. The action arose from the respondent's alleged release of a hazardous residue upon the petitioner's cattle farm. The petitioners contend that the dismissal by the Circuit Court constituted an abuse of discretion.

Refuse 5-0


28.    Carl Merritt v. Darrell R. Bias, No. 001301. This is a personal injury action in which the defendant/petitioner, Darrell R. Bias (Kentucky National Insurance Company), appeals from an order entered in the Circuit Court of Cabell County denying the petitioner a new trial. A verdict was returned by a jury in the amount of $391,060 in favor of the plaintiff/respondent, Carl Merritt. The petitioner contends, inter alia, that the Circuit Court erred in precluding him from impeaching the respondent as to the respondent's alleged loss of wages and future earning capacity.

Refuse 5-0


29.    Shannon Pauley, et al. v. Brenda DeJong, et al., No. 001338. The petitioners, Shannon Pauley, individually, and Judy Pauley Pence, as next friend for Brooke Pauley, appeal from a summary judgment granted in the Circuit Court of Kanawha County in favor of the respondent, Brenda Vasser Dejong. At issue is the determination of the heirs of the decedent, Lawrence Pauley. The Circuit Court ruled in favor of the respondent, who is the natural child of the decedent, and against the petitioners, who claim that they are the grandchildren of the decedent through the equitable adoption by the decedent of the petitioners' father.

Refuse 5-0

30.    Sherry L. Chandler, et al. v. John R. Starynski, M.D., et al., No. 001341. The petitioners, Orthopedic Group of Western Maryland and John R. Starynski, M.D., appeal from an order entered in the Circuit Court of Mineral County denying their motion to dismiss upon jurisdiction grounds. According to the petitioners: (1) the Circuit Court lacked personal jurisdiction over them under the West Virginia long-arm statutes, and (2) the petitioners were without sufficient minimum contacts with West Virginia to satisfy due process requirements.

Refuse 5-0

31.    Donald L. Stukins v. Amrik S. Chattha, M.D., No. 001346. In this medical malpractice action, the petitioner, Amrik S. Chattha, M.D., appeals from an order entered in the Circuit Court of Hancock County awarding the respondents, Donald L. And Bernice Stukins, a new trial. The petitioner contends that no new trial was warranted, even in view of the evidence of the respondents.
Refuse 5-0