January 10, 2006 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, January 10, 2006

1. William L. Sedgmer, Jr., next friend of Jacob A. Sedgmer, et al. v. McElroy Coal Company, et al. - 051309 - Plaintiffs appeal an adverse summary judgment order in a deliberate intent case. - Grant 3 - 2 , Maynard & Benjamin.

2. Kimberly Wills, Admx.* v. Bruce Daniel Evans, Harry E. Strickland, Brenda L. Strickland, Ed Steen, and Allstate Insurance Company - 051629 - Plaintiff Administratrix appeals the circuit court's order which granted a motion dismissing Allstate Insurance Company and its employee. The court found that claims under the Unfair Trade Practices Act do not survive the death of the claimant. - Refuse 3 - 2 , Starcher & Albright.

3. State of W. Va. v. Jeffrey L. Finley - 051671 - Jeffrey L. Finley appeals his conviction for first degree murder without a recommendation of mercy and two counts of second degree sexual assault. - Grant 3 - 2 , Davis & Maynard.

4. Pamela Blethen, et al. v. Department of Revenue/State Tax Department & Division of Personnel - 051705 - Petitioners are 29 employees and former employees of the WV State Tax Department . These individuals initially filed two sets of separate grievances that were consolidated in the present grievance at Level IV. After the Level IV hearing, the WV Education and State Employees Grievance Board denied Grievances on procedural issues, standing, timeliness and res judicata. On March 17, 2005, the lower court affirmed, in part, and remanded, in part, the board's decision. The lower court affirmed the dismissal of some of the grievances at issue based on lack of standing of former State employees to file grievances and the application of res judicata. Petitioners assert that the lower court was erroneous on the standing and res judicata rulings. - Grant 3 - 1, Benjamin. Davis Not Participating.

5. Timothy Butler v. The Board of Education of the County of Gilmer - 051556 - The Board of Education appeals from the circuit court's order reversing the decision of the West Virginia Education and State Employee's Grievance Board, which upheld the Board of Education's transfer of petitioner to a teaching position. The Board of Education seeks a reversal. - Refuse 5 - 0.

6. Raschella & Sons, Inc., dba Amerispec Home Home Inspection v. Richard Bagent - 051570 - Plaintiff appeals from the circuit court's order awarding plaintiff statutory attorney fees instead of contractual attorney's fees in this breach of contract action. - Grant 5 - 0.

7. State of W. Va. v. Valerie Whittaker - 051664 - Valerie Whittaker appeals her conviction for voluntary manslaughter. - Continued to February 28.

8. Clifford Lee Griffin, II v. Mark Hobs, Esq. - 051842 - Plaintiff appeals from the circuit court's order dismissing plaintiff's legal malpractice action on the basis that the attorney represented the plaintiff's father's estate and not plaintiff. - Refuse 3 - 2 , Starcher & Albright.

9. In Re: Estate of Inez Trail (Betty Wylie) - 051898 - Petitioner appeals from the circuit court's order granting summary judgment in favor of respondent and denying petitioner's motion for summary judgment in this will contest action. - Refuse 4 - 1, Maynard.

10. In Re: Estate of Inez Trail (Betty Farmer) - 052142 - Petitioner appeals from the circuit court's order granting summary judgment in favor of respondents in this will contest action. - Refuse 4 - 1, Maynard.