2.  Charles and Kathryn Beahm, et al. v. 7-Eleven, Inc. and Melissa Spinks - No. 072479. Plaintiffs appeal from the circuit court’s order awarding summary judgment in favor of defendant in this tort action arising out of an underground gasoline storage tank leak. Plaintiffs assert that the circuit court misapplied res judicata and erred in holding that plaintiffs have suffered no damages under West Virginia law.  Accept to Motion Docket

3.  Richard and Sandra Bleigh v. Marion County Commission - No. 072481. Defendant County Commission appeals from the circuit court’s adverse rulings on various post-trial motions in this action for breach of an oral contract concerning the extension of a waterline. The jury returned a verdict in favor of plaintiffs finding that the County Commission had breached their contract with plaintiffs and was obligated to pay plaintiffs $20,000 for the cost of installing a waterline to plaintiffs’ properties.  Accept to Motion Docket

4.  James C. Curtis v. TRC Discount, Inc., a Pennsylvania corporation, Tele-Response Center, Inc., a Tennessee corporation, Stuart Discount, David Tripler and Kirk Beyer - No. 072521. Defendants appeal from an adverse jury verdict in this wrongful termination of employment action. Defendants challenge the circuit court’s ruling that the settlement entered between the parties was unenforceable. Defendants also appeal the circuit court’s denial of their Rule 50 motion with regard to the award of punitive damages.  Refuse 3-2 (Maynard, Benjamin)

5.  In Re: The Marriage of: Ralph Burton v. Bonnie Sue Burton - No. 072495. Petitioner wife appeals from the circuit court’s order dismissing her petition for appeal from an order entered in the family court on a motion for reconsideration. The issue on appeal is the timeliness of the petition for appeal from family court to circuit court.  Grant 4-1 (Maynard)

6.  State of West Virginia v. Gloria Jean Willett - No. 072496. Defendant appeals her convictions on three counts of possession of a controlled substance (Oxycodone) with intent to deliver; one count of possession of a controlled substance (Alprazolam) with intent to deliver; and, one count of conspiracy to commit a felony. Defendant asserts that the circuit court erred by not allowing her daughter to testify as an expert on "drug hoarding" and erred by permitting the introduction of 404(b) evidence.  Accept to Motion Docket

7.  State of West Virginia ex rel. Deborah Harper-Adams, Administratrix of the Estate of Susie Mae Pendleton Smith v. Donna Sue Murray, individually and in her capacity as former Administratrix of the Estate of Susie Mae Pendleton Smith; and OneBeacon Insurance Company, a corporation - No. 072497. Defendant appeals from the default judgment and the punitive damage award entered against her in this action for alleged embezzlement and fraud in an estate to which defendant had been appointed as administratrix. Defendant seeks a reversal of both the default judgment and punitive damage award and a remand. Grant 3-2 (Davis, Maynard)

8.  Sharon E. Leech v. Douglas J. Leech - No. 072612. Petitioner wife appeals from the circuit court’s order affirming the family court’s order denying her motion for reconsideration on issues related to financial disclosures and the placement of stock options in a constructive trust. Refuse 5-0

9.  Darrell V. McGraw, Jr., Attorney General, ex rel. State of West Virginia; The West Virginia Public Employees Insurance Agency; and The West Virginia Department of Health and Human Resources v. The American Tobacco Company, et al. - No. 072347. The State by its Attorney General filed a Motion for Declaratory Judgment asking the circuit court to declare that it had diligently enforced a statute as required by the tobacco Master Settlement Agreement. Whether this statute was diligently enforced impacts the amount of the annual settlement payment the State receives. The circuit court determined that the Agreement requires this issue to be arbitrated, and therefore entered an "Order Granting Defendant Original Participating Manufacturers’ Motion to Compel Arbitration and Stay this Litigation." The State appeals.  Defer

10.  Frank D. M. v. Melissa N. B. - No. 072303. Frank D.M. appeals the circuit court’s order which affirmed the family court’s denial of his motion for reconsideration in a child custody case. His arguments include that statements to counselors should have been deemed inadmissible and that the family court used the wrong standard of proof when determining sexual abuse of a child for purposes of deciding custody and visitation.  Refuse 5-0

11.  Hartley Oil Co. v. Branch Banking & Trust Co. - No. 072500. Defendant BB&T appeals the circuit court’s order denying its post trial motions after an adverse jury verdict. Plaintiffs Hartley Oil and Hartley Trucking asserted at trial that a BB&T commercial loan officer negligently misrepresented information about a commercial loan that Hartley was seeking. BB&T argues that the statute of frauds should have barred this suit, that the court erred in not granting it judgment as a matter of law for several reasons, and that a comparative negligence jury instruction should have been given.  Refuse 4-0, Davis Disqualified

12.  Kelly Pratt v. The State of West Virginia, and Joseph Cicchirillo, Commissioner, West Virginia Division of Motor Vehicles - No. 072519. Kelly Pratt appeals the circuit court’s order which affirmed the DMV Commissioner’s order revoking her driver’s license for 6 months for DUI and 1 year for an implied consent violation. She asserts the commissioner failed to give substantial weight to the fact of her criminal acquittal, erroneously admitted evidence of field sobriety testing, and erroneously ignored testimony favorable to her.  Refuse 3-2 (Starcher, Albright)

13.  Copier Word Processing Supply, Inc. v. WesBanco Bank, Inc., et al. - No. 072482. Plaintiff Copier Word Processing Supply, Inc. appeals the circuit court’s order granting summary judgment to defendant WesBanco, Inc., and the court’s order denying a motion for reconsideration. The court held that the statute of limitations for negotiable instruments, W.Va. Code § 46-3-118(g), cannot be tolled by the discovery rule for claims of conversion of multiple, separate negotiable instruments.  Refuse 3-2 (Starcher, Albright)

14.  Kenneth Steven Lassiter v. Tri-County Water Association, Richard C. Stickley, and Pamela Stickley - No. 072523. Plaintiff appeals from two orders of the circuit court granting defendants’ motions for summary judgment on plaintiff’s claims of malicious prosecution and private defamation.  Refuse 5-0

15.  Branch Banking and Trust Company v. Ranson Land Company, LLC, a Virginia limited liability company, J. Michael Ranson, Steven C. Ranson, Ranson Chevrolet-Oldsmobile, Inc., a West Virginia corporation, and Ranson Automotive, Inc., a West Virginia Corporation - No. 072531. Defendants J. Michael Ranson, Ranson Chevrolet Oldsmobile, Inc., and Ranson Automotive, Inc., appeal the circuit court’s order granting summary judgment in favor of plaintiff BB&T. BB&T instituted this suit to collect on a defaulted loan which had been guaranteed by the defendants. While this case was pending, BB&T foreclosed upon the loan collateral. In the summary judgment order, the court awarded BB&T the deficiency balance on the loan. Refuse 5-0

16.  Paul E. Forshey and Melissa L. Forshey v. Theodore A. Jackson, M.D. - No. 072541. Plaintiff appeals the dismissal of his medical malpractice lawsuit based upon the 10 year statute of repose of W.Va. Code § 55-7B-4(a). He argues that his suit should not be dismissed based upon the continuous medical treatment doctrine, the continuing tort doctrine, or the discovery rule.  Accept to Motion Docket

17.  State of West Virginia v. Heather Marie Haupt - No. 072563. Heather Marie Haupt appeals following her conviction upon guilty plea to felony Possession with Intent to Deliver a Schedule IV Controlled Substance. She asserts that she lacked the requisite mental competency to enter the guilty plea.  Accept to Motion Docket

18.  Julie B. D. o/b/o Thomas Joseph B., Jr., a minor v. Thomas Joseph B., Sr. - No. 072565. Julie B. D. appeals the circuit court’s order which affirmed the family court’s denial of her petition for domestic violence protective order. She asserts inter alia that the lower courts ignored evidence that her ex-husband attempted to cause physical harm to their child and placed the child in reasonable apprehension of harm. Refuse 5-0

19.  State of West Virginia v. Lawrence William Stuckey - No. 072605. Lawrence William Stuckey appeals his conviction for two counts of felony murder in the commission of aggravated robbery and burglary. He was sentenced to two consecutive life sentences with the possibility of parole. His allegations include that the prosecutor made improper argument and that defense counsel was ineffective.   Refuse 3-2 (Starcher, Albright)

20.  Steven T. Lowe v. Joseph Cicchirillo, Comm’r. - No. 072573. The Commissioner of the Department of Motor Vehicles appeals an Order of the Harrison County Circuit Court reversing a driver’s license revocation decision issued by the Commissioner. On appeal, the Commissioner seeks a reversal of the Court’s Order and reinstatement of the license revocation.  Grant  3-2 (Starcher, Albright)

21.  State of West Virginia v. Bucky Joe Proffitt - No. 072576. The petitioner seeks a reversal of his conviction on a single count of sexual assault in the second degree by a Mercer County jury. On appeal, the petitioner argues that the trial court erred by permitting inadmissible 404(b) evidence and by denying the admission of exculpatory forensic evidence as an exception to the rape shield law.  Refuse 5-0

22.  Donald C. Stout v. Teresa Waid, Warden - No. 072577. In this Habeas Corpus proceeding, Donald C. Stout seeks to appeal the Order of the Circuit Court of Doddridge County, entered on March 23, 2007, wherein the court denied the petitioner’s Petition for Writ of Habeas Corpus.  Refuse 5-0

23.  Ronald W. Wilkerson v. Frank C. Clark - No. 072595. Ronald Wilkerson appeals from the Marshall County Circuit Court’s Order granting Summary Judgment in favor of the defendant. The petitioner initially sued the defendant for fraud and breach of contract, regarding oral contracts for the sale and lease of two businesses which had been owned by the defendant. The lower court also denied the petitioner’s motion for reconsideration.  Accept to Motion Docket

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