February 5, 2009 Requests for Oral Presentation and Petitions for Appeal

West Virginia Supreme Court of Appeals

Requests for Oral Presentation
and

Petitions for Appeal

February 5, 2009

Justice Albright did not participate in the consideration or decision of the cases on this docket.
Senior Status Justice McHugh sitting by temporary assignment.

1. Richard Blake, Jr. and John T. Parker v. Rosalyne E. Rhodes and State Farm Mutual Automobile Insurance Company - No. 082221. Petitioner State Farm appeals from the circuit court’s order granting partial summary judgment in favor of plaintiffs. The circuit court found that the policy language relied upon by State Farm in its denial of liability coverage violated West Virginia law; that State Farm owed plaintiff Blake a duty of defense in a magistrate court action; and that plaintiff Blake had a reasonable expectation of coverage for the loss asserted. State Farm seeks a reversal of these rulings. Grant 5- 0

2. Mary N. Stultz v. Edward Hanousek, Jr., and Wanda Hanousek - No. 082296. Plaintiff appeals from the circuit court’s order awarding summary judgment in favor of defendants in this action arising out of a contract for the sale of certain real estate. Plaintiff seeks a cancellation of the contract and a return of the property to her by defendants. Refuse 5- 0

3. In Re: The Marriage/Children of: Pamela Dulin Rogers and James Nicholas Rogers - No. 082298. Petitioner wife appeals from the family court’s order denying her petition for modification subsequent to divorce in which she sought an award of her survivor benefits relating to respondent husband’s military pension; a proportionate share of periodic increases that respondent receives on his military pension; and a sufficient portion of respondent’s life insurance benefits so as to protect her from loss of spousal support and military pension benefits in the event of respondent’s death. Petitioner appeals from the circuit court’s order upholding the decision of the family court. Refuse 5- 0

4. In the Interest of Larry Wayne T., a juvenile - No. 082300. Juvenile Larry Wayne T. appeals the circuit court’s order denying his motion to dismiss and transferring his case to the court’s adult criminal jurisdiction. Accept to Motion Docket

5. In re: Roger Wolfe, Mayor of the City of Dunbar, Kanawha County, West Virginia - No. 082302. Roger Wolfe appeals the decision of a three judge panel which ordered Wolfe removed from his office as the mayor of the City of Dunbar pursuant to W.Va. Code § 6-6-7. Refuse 5- 0

6. Greg Bonti v. Charter Communications, Inc. - No. 082301. The Petitioner, Charter Communications, Inc., files an appeal to seek relief from the Kanawha County Circuit Court’s denial of Charter’s Motion for a New Trial and/or Remittitur on July 31, 2008. A jury awarded the Respondents $1,021,000 in compensatory and punitive damages in their personal injury claim against the Petitioner as the result of an automobile accident. Refuse 5- 0

7. Anthony Ballard Chafin, as Executor , et al. v. West Virginia Department of Transportation, Division of Highways West Virginia, et al. - No. 082303. This appeal is the result of a case filed against the West Virginia Department of Transportation’s Division of Highways, which alleged that a failure of the DOH to install positive means of traffic control created a dangerous condition which led to the deaths of two people in an automobile accident. By Order dated June 27, 2008, the McDowell County Circuit Court granted the Department of Highway’s Motion for Summary Judgment and found that exclusionary language in Endorsement 7 in the State Policy shielded the Department of Highways from liability. Petitioner Anthony Chafin, appeals from a September 23, 2008, Order which denied Petitioner’s Amended Motion to Reconsider. Refuse 4-1 (Davis, J.)