January 26, 2006

1.  Patricia Green v. Charleston Area Medical Center, Inc. - No. 052521. Plaintiff appeals from the circuit court’s order granting summary judgement in favor of defendant hospital. 

2.  Alice Clay, individually and as Administratrix of the Estate of Robert Clay, deceased v. Kenneth R. Grant and Lana E. Grant, T/A K&L Transport, and Prime, Inc., a Missouri corporation - No. 052522. Plaintiff appeals from the circuit court’s award of summary judgment in favor of defendant on the issue of joint venture or joint enterprise. Plaintiff appeals following the circuit court’s entry of a Rule 54 order permitting an immediate appeal of the circuit court’s dismissal of Prime, Inc., finding the same to be in the interest of judicial economy and fairness to all parties. 

3.  Virgil Helton, Acting State Tax Commissioner of W.Va. v. MBNA, American Bank, N.A. - No. 052588. Taxpayer appeals from the circuit court’s order reversing the final decision of the office of tax appeals and denying taxpayer’s cross-petition for appeal in this action regarding taxpayer’s liability for West Virginia Corporate Net Income and Business Franchise Tax. 

4.  State of West Virginia v. Andrew J. Whittaker, Jr. - No. 052589. Defendant appeals from the circuit court’s order denying his petition to withdraw plea of no contest that was entered in the magistrate court proceeding.

5.  Clarence E. Good, Jr. v. PNGI Charles Town Gaming Limited Liability Company, doing business as Charles Town Races & Slots and PNGI Charles Town Gaming LLC Racing Association, Inc. and Penn National Gaming of West Virginia, Inc. - No. 052590. Plaintiff appeals from the circuit court’s award of summary judgment in favor of defendants in this action for injunctive relief and damages for abuse of process, intentional infliction of emotional distress, defamation, and fraudulent misrepresentation. 

6.  State of West Virginia v. James Scotty Wyatt - No. 052592. Defendant appeals from the circuit court’s order denying his motion for reconsideration of sentence without providing defendant with an evidentiary hearing to substantiate his motion. 

7.  Diana Mae Savilla, Administratrix of the Estate of Linda Sue Good Kannaird, deceased v. Speedway SuperAmerica, LLC, d/b/a Rich Oil Company, a Delaware corporation, City of Charleston, a municipality, Charleston Fire Department, Bruce Gentry, and Rob Warner - No. 052519. Plaintiff appeals from the circuit court’s order granting defendant Speedway SuperAmerica, LLC, d/b/a Rich Oil’s motion to dismiss in this wrongful death and deliberate intent action. 

8.  Roberta Ogbouma v. Martha Yeager Walker, Secretary, West Virginia Department of Health and Human Resources; Erika Young, Chair, Board of Review; Margaret Mann, State Hearing Officer, Member, Board of Review  - No.052663. Petitioners appeal from the circuit court’s order reversing a decision of the Board of the Review, which upheld the denial of Title XIX Home and Community-Based Mentally Retarded/Developmentally Delayed Program services provided through the Bureau for Medical Services.

9.  State of West Virginia, ex rel. John Wayne McLucas v. Thomas McBride - No. 052598. John Wayne McLucas appeals the circuit court’s order denying his petition for habeas corpus. He asserts the court abused its discretion in not finding that his lawyer had been ineffective by not advising him of his opportunity to appeal the denial of a motion for reconsideration of sentence.

10.  Fred Voshel v. Steven A. Grimm, Assessor of Wood County, West Virginia - No. 052599. Fred Voshel appeals the circuit court’s order denying his petition for mandamus. He seeks to have the respondent county assessor assess two community civic centers as non-tax exempt because they are used for for-profit auctions.

11.  Ralph E. Newland v. Camp Hemlock, Inc. - No. 052600. The defendant Camp Hemlock, Inc., appeals the circuit court’s order directing it to remove a bridge on its property because the bridge is impeding the flow of a waterway and damaging the property of a neighbor, plaintiff Ralph Newland.

 12.  Susan M. Jackson, as Administratrix of the Estate of Timothy J. Jackson v. Putnam County Board of Education - No. 052613. Plaintiff administratrix appeals the circuit court’s order granting summary judgment in favor of the defendant school board in a wrongful death case. Plaintiff asserts that the school board was negligent in failing to provide transportation for her son to a school event off of school grounds; her son was killed in an accident while riding in a private vehicle on the way back from the event.

13.  Elaine Prickett v. Board of Education of the County of Monongalia- No. 052662. Elaine Pricket appeals the Circuit Court’s order which affirmed the Grievance Board’s order denying her public employee grievance. She asserts that she was entitled to, but was not given, a particular bus operator’s position during the summer of 2004.

14.  Larry R. George and Carolyn E. George v. DaimlerChrysler Corporation, and Nitro Dodge, Inc. - No. 052701. Defendants appeal the circuit court’s order awarding plaintiffs $143,026.66 in attorneys’ fees and costs. The jury awarded plaintiffs $6,950 in compensatory damages [$8,750 with prejudgment interest] on one of the plaintiffs’ claims, breach of the implied warrant of merchantability. 

15.  C & L Construction Company Incorporated, a West Virginia corporation; Flow Fabrication, Inc., a North Carolina corporation; Frank D. Moffitt; and F. Douglas Moffitt v. Jeffrey D. Moffitt; Deborah S. Moffitt; and Tiffom Incorporated, a West Virginia corporation - No. 052664. Defendant Jeffrey D. Moffitt appeals the circuit court’s adverse summary judgment orders which found him liable for embezzling funds from plaintiff C & L Construction Company Incorporated and which ordered him to pay $1,749,496.68 in damages and prejudgment interest.

16.  Garry Kelly and Betty J. Kelly, his spouse v. Eastern Associated Coal Corp. and Peabody Coaltrade, Inc.- No. 052676. Plaintiffs in a deliberate intent case appeal the circuit court’s order granting defendants’ motion in limine and defendants’ motion for summary judgment.

17.  Dreama Crowder v. Department of Public Safety, Joe Martin, Secretary; Joe Martin, official capacity and individually; Col. Howard Hill, Superintendent, WVSP Col. Howard Hill, an individual; Major Barrington D. Gore, WVSP; Barrington D. Gore, an individual; Kelly Ambrose, WVSP; Kelly Ambrose, an individual- No. 052680. Plaintiff Dreama Crowder appeals the circuit court’s order dismissing with prejudice the defendant Department of Military Affairs and Public Safety, as well as defendants Joe Martin, Howard Hill, and Kelly Ambrose in their official and individual capacities.

18.  David A. Riner, et al. v. H. William Newbraugh, et al. v. Travelers Ins. Co. - No. 052681. This is an appeal by Defendants and Third-Party Plaintiffs, Newbraugh, et al, from the circuit court’s granting summary judgment in favor of the Third-Party Defendant, Travelers Property Casualty Company of America. The court found that Travelers did not owe a duty to defend in the underlying matter.

19.  Steven D. Fryer v. Jeffrey Woofter, Sheriff, Hancock County, WV et al. - No. 052591. Petitioner filed suit against the Hancock County Sheriff’s Department alleging that the Department used excessive force against petitioner and violated his constitutional rights. The action was dismissed and barred by the statute of limitations and was not saved by Rule 15(c) of the West Virginia Rules of Civil Procedure because the amended complaints did not relate back to the date the original complaint was filed. Petitioner seeks to reverse the order of the circuit court.

20.  State of West Virginia ex rel. John McLaurin v. Thomas McBride, Warden - No. 052702. This is an appeal from denial of a petition for Writ of Habeas Corpus, seeking reversal and remand to the Circuit Court to grant the petition for Writ of Habeas Corpus and order a new trial.

Grant 4- 1
[ Benjamin, J.]

 21.  State of West Virginia v. Alex Vincent Golosow -No. 052719. Petitioner was convicted of First Degree Murder on May 5, 2003. On July 25, 2005, petitioner was sentenced to life imprisonment with no recommendation of mercy. On appeal, petitioner seeks a remand for re-trial.