Supreme Court of Appeals of West Virginia

 Argument Docket  
Wednesday, February 14, 2007

1.  Lyon Chapman & Scott Chapman, et al. v. Sylvia Catron - 33187 - The defendant appeals from an adverse summary judgment and contempt ruling in a case involving a land dispute. - Continued to April 4 on Feb. 13.

• Appellant's Brief

2.  Adda Motto, et al. v. CSX Transportation, Inc., et al. - 33205 - The circuit court certifies two questions regarding what discretion a court may have when a plaintiff fails to comply with the pre-suit provisions of W.Va. Code §§ 55-17-1 through 5 before filing suit against a government agency.
CERTIFIED QUESTIONS PRESENTED

1. Is there discretion for the Court to waive the mandatory notice provisions of W.Va. Code §§ 55-17-1 through 5 absent a showing of good cause? 
Circuit Court's Answer: Yes.

2. Does the Circuit Court have discretion to stay proceedings for thirty days to allow time to comply with the provisions of W.Va. Code §§ 55-17-1 through 5 after suit has been filed before notice has been given?
Circuit Court's Answer: Yes.

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

3.  State of W. Va. v. Valerie Whittaker - 33037 - Valerie Whittaker appeals her conviction for voluntary manslaughter. 

4.  Stephen Antolini, et al. v. WV Division of Natural Resources - 33182 - Three state employees appeal from the circuit court's order dismissing their grievance appeal. The court found their claims were barred by res judicata.

• Appellant's Brief
• Brief of Appellee