West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, April 21, 2020

All cases will be argued remotely and oral arguments will be webcast.

Terms of Use: To make the West Virginia Judiciary more accessible to the public, video recordings of oral arguments will be made available on the West Virginia Judiciary YouTube Channel as soon as time permits after each argument, unless the video recording is deemed to be confidential or otherwise inaccessible. By accessing the video recordings, the user agrees that the recordings are for informational and educational purposes only and may not be used for commercial or political purposes. Unauthorized use of the video recordings for commercial or political purposes may result in civil or criminal action against the user. Further, the Supreme Court of Appeals of West Virginia is not a court of record for court proceedings. The video recordings do not meet the technical standard for a digital archive. If there is an icon beside the case title, it is a link to the oral argument.

Rule 20 argument - 10:00 a.m.

WV Regional Jail and Correctional Facility Authority, et al. v. Ronald Grove, Jr., Administrator, No. 18-1076 - Petitioners appeal the Circuit Court of Berkeley County’s order denying their motion to dismiss Respondent’s amended complaint for failure to state a claim upon which relief can be granted. In the underlying matter, Respondent, administrator of the estate of Cody Lawrence Grove, filed a wrongful death action alleging multiple grounds of negligence. Continued

WV Regional Jail and Correctional Facility Authority, et al. v. Ronald Grove, Jr., Administrator, No. 18-1083 - Petitioners appeal the Circuit Court of Berkeley County’s order denying their motion to dismiss Respondent’s amended complaint for failure to state a claim upon which relief can be granted. In the underlying matter, Respondent, administrator of the estate of Cody Lawrence Grove, filed a wrongful death action alleging multiple grounds of negligence. Continued

Rule 19 argument


SER T.K. v. Hon. Lora Dyer, Judge; WV DHHR, and T.C., No. 19-1135 - Petitioner seeks a writ of prohibition prohibiting the enforcement of the Circuit Court of Jackson County’s order restoring custody of the minor child T.K. to Respondent grandmother T.C. Briefs are on file in the Clerk's Office. Justice Hutchison disqualified. Judge Lorensen assigned.

SER Nationwide Property & Casualty Insurance, et al. v. Hon. Tod J. Kaufman, Judge; and Caleb Banks No. 19-0955 - Petitioners seek a writ of prohibition prohibiting the enforcement of the Circuit Court of Kanawha County’s orders granting Respondent Banks’s motions for the issuance of an adverse inference jury instruction and partial summary judgment in favor of Respondent Banks. In the underlying action, Respondent Banks filed a lawsuit against Petitioners alleging that they failed to promptly investigate and pay his insurance claim following a fire at his residence. Continued

SER S.W., N.W.,M.W. v. Hon. Patrick N. Wilson, Judge; and S.K., No. 19-1078 - Petitioners seek a writ of prohibition prohibiting the enforcement of the Circuit Court of Marion County’s order granting Respondent mother S.K. a post-dispositional improvement period following the removal of the minor children S.W., N.W., and M.W. from her custody. Briefs are on file in the Clerk's Office.

Gloria Carr v. Lysle Veach, Jr. et al. No. 19-0216 - Petitioners appeal the Circuit Court of Grant County’s order denying their motion for a new trial and their renewed motion for a new trial following a bench trial regarding a disputed easement. Petitioners sought, and continue to seek, a valid deeded and/or prescriptive right-of-way over, across, and through real estate owned by Respondents. Continued

SER Betsy Jividen, Commissioner v. Hon. Joanna Tabit, Judge, et al. No. 19-1114 - Petitioner seeks a Writ of Prohibition to vacate the circuit court's November 21, 2019, Order directing Inmate Delgado to be transported to the Circuit Court of Kanawha County for trial; and the matter remanded to the circuit court for entry of an Order consistent with the Commissioner's authority under W.Va. Code §25-1A-5(c). Withdrawn

State of West Virginia v. Harry Lee Smith, Jr., No. 19-0143 - Petitioner appeals the Circuit Court of Mercer County’s order denying his motion for a new trial and sentencing him following his convictions for two counts of kidnapping, one count of breaking and entering, and three counts of wanton endangerment.