Supreme Court of Appeals of West Virginia

Motion Docket

Wednesday, September 20, 2006 
 

1.  Lyon Chapman, Scott Chapman, and New Testament Faith Assembly of God Church v. Silvia Catron - 060701 - The defendant appeals from an adverse summary judgment and contempt ruling in a case involving a land dispute. -  Grant 3 - 2 ,  Maynard & Davis.

2.  Rebecca Vilga, Exex. v. Weirton Medical Center & Lawrence E. Callahan, M.D. 
- 060945 -
A jury rendered a verdict in favor of Respondents in this claim for medical malpractice. Petitioner appeals the lower court's denial of her Motion for a New Trial. -  Refuse 3 - 2, Starcher & Albright.

 3.  State of W. Va. v. David Nelson - 060836 - David Nelson appeals his conviction for first degree murder, kidnaping, first degree sexual assault, conspiracy to commit murder, conspiracy to commit kidnaping, and conspiracy to commit first degree sexual assault. He was sentenced to two consecutive terms of life without mercy, plus 18 to 50 years. - Grant 4 - 1,  Maynard.

 4.  Estate of Alexia Sheree Fout-Iser, Marnada L. Fout-Iser & Jerry T. Iser v. John L. Hahn, M.D., and Hahn Medical Practices, Inc., et al. - 060355 - Plaintiffs appeal the circuit court's order granting summary judgment in favor of a defendant in a medical malpractice case. The court found that plaintiffs lack necessary expert testimony. -  Grant  5 - 0.

5.  State of W. Va. v. Keith William Lowe - 060798 - Petitioner appeals life without mercy  conviction for first degree murder. - Defer for Response.

6.  Michael Worley & Cynthia Worley v. Beckley Mechanical, Inc., et al. - 061056 - Plaintiffs appeal following a bench trial on the issue of whether plaintiff was under a disability that either suspended or tolled the running of the statute of limitations in this personal injury action. The circuit court concluded that plaintiff was not "insane" within the meaning of West Virginia Code §55-2-15.-  Grant  5 - 0.

7.  CSX Hotels, Inc., dba The Greenbrier v. Tag Galyean - 061162 - Plaintiffs in contract dispute appeal adverse verdict and partial summary judgment in favor of defendant's counterclaim.- Withdrawn 9/18/06.

8.  Samantha Engelhardt, by parents Pamela & Karl Engelhardt, & Pamela & Karl Engelhardt, individually v. Hartford Fire Insurance Co. - 061175 - Plaintiffs appeal from the circuit court's order granting summary judgment in favor of defendant insurance company and ruling that the infant plaintiff was not an insured under the subject insurance policy. -  Refuse 5 - 0.

9.  Bernard Wallace v. Office of the McDowell County Prosecuting Attorney, 
et al.
- 061243 -
Plaintiff Bernard Wallace appeals the circuit court's order dismissing the Office of the McDowell County Prosecuting Attorney as a defendant for failure to state a claim upon which relief can be granted. The court found that the Prosecutor's Office is immune from suit under W.Va. Code § 29-12A-5(a)(2). -  Refuse 5 - 0.

10.  State of W. Va. v. Wade C. Davis - 060321 - Petitioner appeals jury conviction for second-degree murder, arguing that the jury was not instructed as to the element of intent, and, given that his defense was that the killing was unintentional, that failure was plain error. - Grant 4 - 1,  Maynard.

 

 

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