September 9, 2003 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, September 9, 2003

1. Danny L. Benson v. AJR, Inc., and John M. Brown - 030169 - Petitioner appeals the granting of summary judgment to respondents, and the denial of his motion for summary judgment, in his breach of employment contract and wrongful discharge case. - Grant 3 - 2 , Davis & Maynard.

2. Donald M. Stark v. St. Paul Fire & Marine Insurance Company - 030055 - Petitioner appeals the circuit court's order granting summary judgment to respondent. Petitioner asserts the court erred in ruling that negligent testing and reporting of a DNA paternity test is not covered under a commercial general liability insurance policy which respondent had issued. - Grant 4 - 1 , Albright.

3. Mario Perito, II v. The County of Brooke - 030147 - Certified Question - The Circuit Court of Brooke County certifies a question regarding whether a convicted felon who has received an unconditional pardon from the Governor must still petition a circuit court for the right to possess a firearm as is required of felons per W. Va. Code § 61-7-7(c). - Grant 3 - 2 , Davis & Maynard.

4 . Rebecca Sprout v. Harrison County Board of Education - 030300 - Petitioner seeks to enforce an agreed upon settlement from her Suit to Enforce Settlement and Petition for Writ of Mandamus. The circuit court found that mandamus did not lie. Grant 4 - 1 , Davis.

5 . Lackawanna Transport Co., dba Wetzel County Landfill v. PSC of W. Va. & Herbert L. Heiss - 031210 - No summary available.- Deferred until Nov. 19, 2003

6. Kenneth Tyler, Everett Davis, Barry Edwards, Charles Mash, Herbert Wileman, and James Lewis v. Kanawha County Board of Education - 030321 - Petitioners appeal from the circuit court's order affirming the decision of the Grievance Board, which granted their grievance only to the extent that they were awarded 20% of the cost of their uniforms, if they wanted to provide their own, but which also found that the County Board had a legitimate, non-discriminatory reason for not providing uniforms to petitioners. - Refuse 4 - 1 , McGraw.

7. State of W. Va. v. Jim Jones - 030480 - Petitioner was convicted of misdemeanor receipt of stolen property valued under $1,000 and conspiracy to receive stolen property valued under $1,000. He appeals the part of his sentence which imposes 100 days of incarceration after completing one year of probation. The court offered to reconsider the incarceration if petitioner admits his wrongdoing. - Grant 3 - 2 , Davis & Maynard.

8. State of W. Va. v. Richard Lamont Jackson, aka Bobby Mitchell - 030344 - Defendant appeals from his conviction for the felony offense of failure to appear for trial pursuant to W. Va. Code §62-1C-17b. He was sentenced to 1 to 5 years in the penitentiary. He seeks a reversal of his conviction based upon trial error and the sufficiency of the evidence. - Refuse 4 - 1 , Albright.

9. Charles Kocher v. Oxford Life Insurance Co. - 030568 - This action arises from a credit life and disability policy issued by defendant to plaintiff in connection with plaintiff's purchase of a truck. Plaintiff sued defendant seeking damages for breach of contract, statutory unfair claims settlement practices, and breach of the implied covenant of good faith and fair dealing. Following the trial court's entry of default judgment against defendant insurer as a sanction for discovery violations, a jury returned a damages verdict in favor of plaintiff in the aggregate principal amount of $39,012,039.60. - **Grant 4 - 1 , McGraw.

** Granted only as to whether the circuit court erred in directing a verdict for punitive damages. (J. Maynard would grant as to all issues.)

September 10, 2003