Supreme Court of Appeals of West Virginia

 Argument Docket  
Tuesday, March 13, 2007

West Virginia University College of Law
Morgantown, West Virginia

1.  Estate of Alexia Sheree Fout-Iser, etc, et al. v. John L. Hahn, M.D. et al. - 33189 - 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.

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

2.  Michael Worley, et al. v. Beckley Mechanical, Inc., et al. - 33190 - 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.

• Appellant's Brief
• Appellee's Brief

3.  State of W. Va. v. Wade C. Davis - 33191 - Defendant appeals from his conviction and sentence for second degree murder. He seeks a reversal and a new trial.

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

4.  August Eugene Phillips, et al. v. Larry’s Drive-In Pharmacy, Inc. - 33194 - The circuit court certifies a question asking whether pharmacies are "health care providers" as defined by W.Va. Code § 55-7B-2(c) [1986] of the Medical Professional Liability Act.

CERTIFIED QUESTION PRESENTED
In a civil action filed against a defendant licensed pharmacy for allegedly having negligently dispensed medication, is the pharmacy a "health care provider" as defined by W.Va. Code § 55-7B-2(c)?
Circuit Court's Answer: Yes.

The briefs and other filings are provided in PDF format. 
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Tuesday, February 20, 2007