Supreme Court of Appeals of West Virginia

 Argument Docket 
Tuesday,  January 10, 2006

State Capitol
Charleston, West Virginia

1.  SER City of Martinsburg v. Hon. David H. Sanders, Judge, et al - 32868 - City seeks to prohibit the circuit court from exercising any further jurisdiction in a tort action asserted by the city firefighters alleging injury from exposure to diesel fumes. - Continued.

2.  In Re: Megan B., Amber G. B., William Z. Q. B., and Sheehan B. - 32722 - Charles Kimble appeals the circuit court's order holding him in contempt. The court found that as Sheriff of Grant County, Kimble failed to discharge his statutorily required duties to serve an "Order Ratifying Emergency Custody" regarding removal of children from their home pursuant to an abuse and neglect case.

• Appellant's Brief
• Appellee's Brief
• Reply Brief

3.  Berchie Eugene Bias, et al. v. Eastern Associated Coal Corp. - 32778 - Defendant petitions this Court for a review of the following certified question:

"Whether an employee who sustains a mental injury without physical manifestation and, as such, is precluded from receiving Workers' Compensation benefits pursuant to W.Va. Code § 23-4-1(f), can maintain a common law negligence action against his employer, despite the immunity afforded by W.Va. Code § 23-2-6?"

The circuit court answered this question: "Yes."

• Appellant's Brief
• Appellee's Brief
• Reply Brief

4.  Gloria Banks, etc. v. Paul White Chevrolet, Inc. - 32725 - This appeal is from a final judgment from the Kanawha County Circuit Court granting summary judgment in favor of Paul White Chevrolet, Inc. Appellant contends the West Virginia Consumer Credit Protection Act applies and alleges violations of fair debt collection practices.

• Appellant's Brief
• Appellee's Brief
• Reply Brief

5.  The Hardwood Group, dba Plywood & Plastics of Roanoke v. Claire V. LaRocco - 32781 - Defendant Claire LaRocco appeals the circuit court's order denying her motion to set aside a default judgment for excusable neglect. -  To be submitted on briefs only without oral argument. 

• Appellant's Brief
• Appellee's Brief

6.  SER Pamela Jean Games-Neely v. Hon. David H. Sanders, Judge, et al. - 32875 - State of WV seeks to prohibit enforcement of an order permitting a defendant to waive extradition.