Supreme Court of Appeals of West Virginia Decisions 2013

Opinions 1 - 500 of 1428

Dan Cava, et al. v. National Union Fire Insurance (Separate)
Date: December 30, 2013
Docket Number: 12-0203
Walter E. and Mary L. Hersh v. E-T Enterprises, et al. (Separate)
Date: December 27, 2013
Docket Number: 12-0106
JWCF, LP v. Steven Farruggia (Separate)
Date: December 27, 2013
Docket Number: 12-0389
Master Mechanical Insulation v. Richard Simmons (Separate)
Date: December 27, 2013
Docket Number: 12-1206
Johanna Dorsey v. Progressive Classic Insurance (Separate)
Date: December 27, 2013
Docket Number: 12-1254
Jerry L. Matz v. SGS North America (Memorandum Decision)
Date: December 20, 2013
Docket Numbers: 12-0370, 12-0371
Brenda L. Courtney v. Family Dollar Stores (Memorandum Decision)
Date: December 20, 2013
Docket Number: 12-0423
Sara P. Stevens v. Logan Regional Medical Center (Memorandum Decision)
Date: December 20, 2013
Docket Number: 12-0424
Thomas D. Farley v. Appalachian Power (Memorandum Decision)
Date: December 20, 2013
Docket Number: 12-0427
Harold McMillen v. Logan Regional Medical Center (Memorandum Decision)
Date: December 20, 2013
Docket Number: 12-0444
James Webb v. Consol of Kentucky (Memorandum Decision)
Date: December 20, 2013
Docket Number: 12-0458
Clayton A. Price v. Wal-Mart Associates (Memorandum Decision)
Date: December 20, 2013
Docket Number: 12-0459
Emma Kidwell v. Greenbrier Hotel Corp. (Memorandum Decision)
Date: December 19, 2013
Docket Number: 12-0375
Adam Smith v. Tri-Star Telecom Services (Memorandum Decision)
Date: December 19, 2013
Docket Number: 12-0532
Brian K. Taylor v. David W. Tackett (Memorandum Decision)
Date: December 19, 2013
Docket Number: 12-0541
James C. Briers v. Bluefield Rescue Squad (Memorandum Decision)
Date: December 19, 2013
Docket Number: 12-0552
Roger Meade v. Topline Quality Exhaust Center (Memorandum Decision)
Date: December 19, 2013
Docket Number: 12-0681
Gary B. Eller v. Xinergy Corp./Raven Crest (Memorandum Decision)
Date: December 19, 2013
Docket Number: 12-0696
Donald L. Stewart v. Homer Laughlin China (Memorandum Decision)
Date: December 17, 2013
Docket Number: 12-0556
Ronald J. Jones v. Inco Alloys International (Memorandum Decision)
Date: December 17, 2013
Docket Number: 12-0558
Timothy Cooper v. Lowes Home Centers (Memorandum Decision)
Date: December 17, 2013
Docket Number: 12-0585
Wesbanco Bank v. Rebecca A. Martin (Memorandum Decision)
Date: December 17, 2013
Docket Number: 12-0588
Phillip M. Brunty v. Petroleum Products (Memorandum Decision)
Date: December 17, 2013
Docket Number: 12-0594
Vonda L. Vance v. Logan Park Care Center (Memorandum Decision)
Date: December 17, 2013
Docket Number: 12-0595
Freddie E. Marcum v. Wayne Co. Board of Education (Memorandum Decision)
Date: December 17, 2013
Docket Number: 12-0596
Brian Lee v. A.D. (Memorandum Decision)
Date: December 16, 2013
Docket Number: 12-0809
State of West Virginia v. Fred S., Jr. (Memorandum Decision)
Date: December 16, 2013
Docket Number: 12-1182
Donald L. Stamm v. City of Salem (Memorandum Decision)
Date: December 16, 2013
Docket Number: 12-1390
Walter B. v. Amanda B. (Memorandum Decision)
Date: December 16, 2013
Docket Number: 12-1467
Tony L. Adkins v. A T Massey Coal (Memorandum Decision)
Date: December 13, 2013
Docket Number: 12-0358
Sherry Carroll v. Cardinal Health 110, Inc. (Memorandum Decision)
Date: December 13, 2013
Docket Number: 12-0369
Luther L. Sanger v. Consolidation Coal (Memorandum Decision)
Date: December 13, 2013
Docket Number: 12-0373
Gary L. Street v. Amfire, LLC (Memorandum Decision)
Date: December 13, 2013
Docket Number: 12-0463
Columbia Stacy v. Wayne Co. Board of Education (Memorandum Decision)
Date: December 13, 2013
Docket Number: 12-0481
Jarrod S. Maynard v. Martin Resource Management (Memorandum Decision)
Date: December 13, 2013
Docket Number: 12-0484
David Henry v. Wheeling Hospital (Memorandum Decision)
Date: December 13, 2013
Docket Number: 12-0501
Mary Lundy v. Heartland Employment Services (Memorandum Decision)
Date: December 13, 2013
Docket Number: 12-0503
Steven D. Peters v. Alcan Rolled Products (Memorandum Decision)
Date: December 11, 2013
Docket Number: 12-0319
Gary Bailey v. BJ Services Co. (Memorandum Decision)
Date: December 11, 2013
Docket Number: 12-0334
Floyd F. Young v. Adventure West Virginia Resort (Memorandum Decision)
Date: December 11, 2013
Docket Number: 12-0348
Brenda Worley v. Pro Careers, Inc. (Memorandum Decision)
Date: December 11, 2013
Docket Number: 12-0349
Aaron C. Bunch v. David Stanley Consultants (Memorandum Decision)
Date: December 11, 2013
Docket Number: 12-0351
Michael Dehart v. American Electric Power (Memorandum Decision)
Date: December 11, 2013
Docket Number: 12-0377
EIN Services v. Louis J. Buantello (Memorandum Decision)
Date: December 11, 2013
Docket Number: 12-0411
Steven D. Peters v. Alcan Rolled Products (Memorandum Decision)
Date: December 11, 2013
Docket Number: 12-0516
Robert Sloan v. New River Auction & Sales, etc. (Memorandum Decision)
Date: December 4, 2013
Docket Number: 13-0477
Ann Beltz v. Brian L. Dunfee (Memorandum Decision)
Date: December 4, 2013
Docket Number: 13-0536
SER U-Haul v. Hon. Paul Zakaib, Jr., Judge, et al. (Separate)
Date: December 3, 2013
Docket Number: 13-0181
State of West Virginia v. Garland Murray (Memorandum Decision)
Date: December 2, 2013
Docket Number: 12-1535
State of West Virginia v. T.M. (Memorandum Decision)
Date: December 2, 2013
Docket Number: 13-0325
Irvin V. Cowgill v. v. Patrick Mirandy, Warden (Memorandum Decision)
Date: December 2, 2013
Docket Number: 13-0636
State of West Virginia v. Joshawa Clark (Separate)
Date: November 26, 2013
Docket Number: 11-0643
State v. Clark (Signed Opinion)  
Date: November 26, 2013
Docket Number: 11-0643

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree robbery and conspiracy and sentenced to serve fifty-two to sixty years in prison. Defendant appealed the denial of his motion to suppress. The Supreme Court iss...

James Allen Smith v. David Ballard, Warden (Memorandum Decision)
Date: November 26, 2013
Docket Number: 12-0374
Charleston Gazette v. Smithers (Signed Opinion)  
Date: November 26, 2013
Docket Number: 12-0811

Justia Opinion Summary: The Charleston Gazette filed an action against the superintendent of the state police under the West Virginia Freedom of Information Act (FOIA) seeking the disclosure of public records from the state police concerning it...

State v. Flack (Signed Opinion)  
Date: November 26, 2013
Docket Number: 12-0829

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder, first degree robbery, and criminal conspiracy. The accomplice who shot and killed the victim pled guilty to first degree murder, and as part of his plea...

Joseph Brown v. Jim Rubenstein, Commissioner (Memorandum Decision)
Date: November 26, 2013
Docket Number: 12-1245
State of West Virginia v. Scott L. Davis (Memorandum Decision)
Date: November 26, 2013
Docket Number: 12-1294
State of West Virginia v. Stacy Creed Hatten (Memorandum Decision)
Date: November 26, 2013
Docket Number: 12-1310
Jonathan Cook v. Marvin Plumley, Warden (Memorandum Decision)
Date: November 26, 2013
Docket Number: 12-1348
State of West Virginia v. William Echard II (Memorandum Decision)
Date: November 26, 2013
Docket Number: 12-1386
State of West Virginia v. Teresa E. Adkins (Memorandum Decision)
Date: November 26, 2013
Docket Number: 12-1543
State of West Virginia v. Lacy Earl Workman (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0133
In Re: J.H. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0165
SER U-Haul v. Hon. Paul Zakaib, Jr., Judge, et al. (Separate)
Date: November 26, 2013
Docket Number: 13-0181
State ex rel. U-Haul Co. of W. Va. v. Zakaib (Signed Opinion)  
Date: November 26, 2013
Docket Number: 13-0181

Justia Opinion Summary: The parties in this case entered into an agreement with two writings drafted by U-Haul of West Virginia. The first writing was a rental contract signed by the three plaintiffs. The second writing was a rental contract ad...

In Re: S.G. and J.P. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0349
In Re: J.B. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0390
In Re: J.S., S.C., A.C. and K.S. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0417
In Re: R.W. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0507
In Re: J.H. and R.D. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0523
In Re: B.C., H.C. and K.C. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0547
In Re: H.V., K.V. and L.V. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0568
In Re: T.R. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0582
In Re: N.C. and B.B. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0605
In Re: S.D., R.D. and L.D. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0606
In Re: M.G., M.G., M.G. and M.G. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0611
In Re: K.S., L.S. and E.S. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0620
In Re: S.R. and S.R. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0626
In Re: K.R. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0634
In Re: M.H. and K.H. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0647
In Re: T.L. and T.W. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0650
In Re: D.B. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0654
In Re: S.D., R.D. and L.D. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0665
In Re: J.M. III, G.M., T.M. and T.M. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0669
In Re: C.B., C.B. and D.G. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0670
In Re: B.L., T.L. and V.L. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0686
In Re: R.M. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0696
In Re: R.J., A.L., A.J. and L.L. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0697
In Re: C.D. and H.D. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0703
In Re: J.A., J.S. and J.S. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0704
In Re: S.R., J.R., A.D. and K.D. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0731
In Re: L.M. and L.S. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0783
In Re: K.R., A.R. and A.R. (Memorandum Decision)
Date: November 26, 2013
Docket Number: 13-0814
Rocky A. Wiley v. Eastern Associated Coal (Memorandum Decision)
Date: November 22, 2013
Docket Number: 12-0306
Paula M. Potter v. Owner Solution, Inc. (Memorandum Decision)
Date: November 22, 2013
Docket Number: 12-0308
Opal D. Fox v. Webster Trucking (Memorandum Decision)
Date: November 22, 2013
Docket Number: 12-0310
Darrell L. Hall v. Radford & Radford, Inc. (Memorandum Decision)
Date: November 22, 2013
Docket Number: 12-0314
Harry Franks v. Veritas Contracting (Memorandum Decision)
Date: November 22, 2013
Docket Number: 12-0316
John R. Bonecutter v. Alcan Rollded Products (Memorandum Decision)
Date: November 22, 2013
Docket Number: 12-0318
Jarrell Gay Scott v. Hon. Mike Kelly, Judge (Memorandum Decision)
Date: November 22, 2013
Docket Number: 12-0823
State of West Virginia v. Thomas A. Grantham Jr. (Memorandum Decision)
Date: November 22, 2013
Docket Number: 12-1293
D.W. v. R.M. (Memorandum Decision)
Date: November 22, 2013
Docket Number: 12-1393
Glen and Pamela Addis v. Snowshoe Mountain, Inc. (Memorandum Decision)
Date: November 22, 2013
Docket Number: 12-1537
Raleigh County Board of Ed. v. Sandra Dee Moye (Memorandum Decision)
Date: November 22, 2013
Docket Number: 12-1539
Perry B. Gains, et al. v. Cumberland Partnership (Memorandum Decision)
Date: November 22, 2013
Docket Number: 13-0118
State of West Virginia v. Laurence R. Smith III (Memorandum Decision)
Date: November 22, 2013
Docket Number: 13-0209
Timothy O'Dell v. David Ballard, Warden (Memorandum Decision)
Date: November 22, 2013
Docket Number: 13-0220
Gary Walkup v. Davis-Stuart, Inc. (Memorandum Decision)
Date: November 22, 2013
Docket Number: 13-0251
Ilene Kassab, et al. v. Wilma Ellis, et al. (Memorandum Decision)
Date: November 22, 2013
Docket Number: 13-0263
James Wesley Ivy, Jr. v. The City of Montgomery (Memorandum Decision)
Date: November 22, 2013
Docket Number: 13-0265
William D. Goodwin v. First National Bank (Memorandum Decision)
Date: November 22, 2013
Docket Number: 13-0334
Ryan Nenigar v. David Ballard, Warden (Memorandum Decision)
Date: November 22, 2013
Docket Number: 13-0385
Marc J. Slotnick v. Brent D. Sayre (Memorandum Decision)
Date: November 22, 2013
Docket Number: 13-0404
John W. Parker v. Brent D. Sayre, etc. (Memorandum Decision)
Date: November 22, 2013
Docket Number: 13-0428
Jeff Corra v. Ginny Conley (Memorandum Decision)
Date: November 22, 2013
Docket Number: 13-0430
City of Princeton v. Jeffrey Holcomb (Memorandum Decision)
Date: November 22, 2013
Docket Number: 13-0468
Kevin Seafler, et al. v. William Smith, et al. (Memorandum Decision)
Date: November 22, 2013
Docket Number: 13-0532
State of West Virginia v. John H. Carroll (Memorandum Decision)
Date: November 22, 2013
Docket Number: 13-0573
Appalachian Reg'l Healthcare v. W. Va. Dep't of Health & Human Res. (Signed Opinion)  
Date: November 21, 2013
Docket Number: 11-1187

Justia Opinion Summary: Beckley Appalachian Regional Hospital (Beckley ARH) was a voluntary provider of medical services through the Medicaid program pursuant to an agreement executed between it and the West Virginia Bureau for Medical Services...

SER William R. Adkins v. Dennis Dingus, Warden (Separate)
Date: November 21, 2013
Docket Number: 11-1271
State ex rel. Adkins v. Dingus (Per Curiam Opinion)  
Date: November 21, 2013
Docket Number: 11-1271

Justia Opinion Summary: After a jury trial, Petitioner was convicted of first degree murder. Petitioner appealed his conviction, but the Supreme Court refused the request to hear the appeal. Petitioner subsequently filed a request for habeas co...

State v. Davis (Per Curiam Opinion)  
Date: November 21, 2013
Docket Number: 11-1445

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder and first degree arson involving a fire that killed his girlfriend. Defendant was sentenced to life imprisonment without the possibility for parole on th...

Charles R. and Linda D. Wright v. Angela Banks, Assessor (Separate)
Date: November 21, 2013
Docket Number: 11-1768
Wright v. Banks (Per Curiam Opinion)  
Date: November 21, 2013
Docket Number: 11-1768

Justia Opinion Summary: Petitioners purchased a house for $234,000. Six months later, the County Assessor appraised the property and found its fair market value was $355,200. The Board of Review upheld the Assessor's valuation. The circuit cour...

Master Mechanical Insulation v. Richard Simmons (Separate)
Date: November 21, 2013
Docket Number: 12-1206
Tommy Toler v. Pinnacle Mining (Memorandum Decision)
Date: November 20, 2013
Docket Number: 12-0263
Paul D. Sites v. Allegheny Energy Service (Memorandum Decision)
Date: November 20, 2013
Docket Number: 12-0265
Shawn D. Burns v. Cheddar's Operations (Memorandum Decision)
Date: November 20, 2013
Docket Number: 12-0266
John L. McGee v. Consolidation Coal (Memorandum Decision)
Date: November 20, 2013
Docket Number: 12-0277
Karry L. Jenkins v. AFG Industries (Memorandum Decision)
Date: November 20, 2013
Docket Number: 12-0281
Regis Corporation v. Heather Nichols (Memorandum Decision)
Date: November 18, 2013
Docket Number: 12-0226
Donna Richards v. United Parcel Service (Memorandum Decision)
Date: November 18, 2013
Docket Number: 12-0237
Roger D. O'Neal v. International Coal Group (Memorandum Decision)
Date: November 18, 2013
Docket Number: 12-0238
Jeremy Bender v. Jan-Care Ambulance (Memorandum Decision)
Date: November 18, 2013
Docket Number: 12-0240
Norman B. Workman v. Rockhouse Creek Development (Memorandum Decision)
Date: November 18, 2013
Docket Number: 12-0241
Bayer Corporation v. Luann Toney, Widow (Memorandum Decision)
Date: November 18, 2013
Docket Number: 12-0243
Century Aluminum of W. Va. v. Harvey Ealy (Memorandum Decision)
Date: November 18, 2013
Docket Number: 12-0246
Roger L. Adkins v. North Beckley PSD (Memorandum Decision)
Date: November 18, 2013
Docket Number: 12-0249
James W. Kiser v. Pinnacle Mining (Memorandum Decision)
Date: November 18, 2013
Docket Number: 12-0261
Kimberly Landis and Alva Nelson v. Hearthmark, LLC, et al. (Separate)
Date: November 18, 2013
Docket Number: 13-0159
Jackie L. Sizemore v. Schlumberger Technology (Memorandum Decision)
Date: November 14, 2013
Docket Number: 12-0015
Mary L. Damron v. Logan General Hospital (Memorandum Decision)
Date: November 14, 2013
Docket Number: 12-0019
Margaret Williams v. Simonton Building Products (Memorandum Decision)
Date: November 14, 2013
Docket Number: 12-0028
James W. Kosut v. W. Va. Division of Highways (Memorandum Decision)
Date: November 14, 2013
Docket Number: 12-0029
Robert S. Hurley Jr. v. David Stanley Consultants (Memorandum Decision)
Date: November 14, 2013
Docket Number: 12-0034
Macy's Retail Holdings v. Edward Thomas (Memorandum Decision)
Date: November 14, 2013
Docket Number: 12-0049
State v. Hargus (Signed Opinion)  
Date: November 14, 2013
Docket Number: 12-0513

Justia Opinion Summary: Petitioners in these two consolidated appeals were convicted of sexual-related offenses. Both Petitioners were sentenced pursuant to section W. Va. Code 62-12-26, which provides for extended supervision of certain sex of...

Edwin Miller Invs. v. CGP Dev. Co., Inc. (Per Curiam Opinion)  
Date: November 14, 2013
Docket Number: 12-1137

Justia Opinion Summary: Edwin Miller Investments, LLC ("EMI") owned twelve acres of real estate used to secure a loan from BCBank, which assigned the note and deed of trust to CGP Development Co. ("CGP"). The State became the legal owner of eig...

Mark V.H. v. Dolores J.M. (Separate)
Date: November 14, 2013
Docket Number: 13-0591
Mark V.H. v. Dolores J.M. (Per Curiam Opinion)  
Date: November 14, 2013
Docket Number: 13-0591

Justia Opinion Summary: Husband and Wife were married and had a child together. The family court later entered an order granting the parties a divorce on the grounds of irreconcilable differences. Wife was designated the custodian of the partie...

Cavalry SPV I, LLC v. Morrisey (Signed Opinion)  
Date: November 13, 2013
Docket Number: 11-1564

Justia Opinion Summary: Petitioners in this consolidated appeal were engaged in various aspects of the collection of consumer debts. After the Attorney General (AG) received complaints from consumers indicating that certain Petitioners had viol...

Weimer v. Sanders (Signed Opinion)  
Date: November 13, 2013
Docket Number: 12-0477

Justia Opinion Summary: Petitioners in these combined cases were former public employees who filed actions in the circuit court alleging violations of the West Virginia Human Rights Act (WVHRA). The circuit courts dismissed the complaints for P...

Deborah Kay Harris, Administratrix v. CSX Transportation (Separate)
Date: November 13, 2013
Docket Number: 12-1135
Harris v. CSX Transp., Inc. (Signed Opinion)  
Date: November 13, 2013
Docket Number: 12-1135

Justia Opinion Summary: Employee filed this action against Employer, alleging that his exposure to diesel exhaust fumes while employed by Employer caused him to develop cancer. Employee subsequently died, and his wife (Petitioner) was substitut...

Dorsey v. Progressive Classic Ins. Co. (Signed Opinion)  
Date: November 13, 2013
Docket Number: 12-1254

Justia Opinion Summary: Petitioner was a guest passenger in a vehicle insured by Progressive Classic Insurance Company when the vehicle was rear-ended by a truck. Petitioner received medical payments coverage under the Progressive policy for so...

State ex rel. Ocwen Loan Servicing, LLC v. Circuit Court of Kanawha County (Per Curiam Opinion)  
Date: November 13, 2013
Docket Number: 13-0151

Justia Opinion Summary: In 2006, Respondents obtained an adjustable rate mortgage loan from a mortgage company. Respondents executed a deed of trust on the real property being purchased and separately executed an arbitration rider. Respondents...

Walter E. and Mary L. Hersh v. E-T Enterprises, et al. (Separate)
Date: November 12, 2013
Docket Number: 12-0106
Hersh v. E-T Enters., Ltd. P'ship (Signed Opinion)  
Date: November 12, 2013
Docket Number: 12-0106

Justia Opinion Summary: Plaintiff fell down a staircase in a commercial parking lot that lacked handrails. Plaintiff filed a negligence action against Defendants, who constructed and maintained the stairs, asserting that Defendants were prima f...

L.B. v. K.B. (Memorandum Decision)
Date: November 12, 2013
Docket Number: 12-1035
Robert J. Winning v. David Ballard, Warden (Memorandum Decision)
Date: November 12, 2013
Docket Number: 12-1241
Don Boardwine v. Kanawha Charleston Humane Assoc. (Memorandum Decision)
Date: November 12, 2013
Docket Number: 13-0067
Herman Catlett v. David Ballard, Warden (Memorandum Decision)
Date: November 12, 2013
Docket Number: 13-0078
SER Robert L. Adams v. Hon. Roger L. Perry, Judge, etc. (Memorandum Decision)
Date: November 12, 2013
Docket Numbers: 13-0096, 13-0422
Ferris M. v. David Ballard, Warden (Memorandum Decision)
Date: November 12, 2013
Docket Number: 13-0224
M.F. v. C.F. (Memorandum Decision)
Date: November 12, 2013
Docket Number: 13-0356
John D. Longanacre v. Farmers Mutual Insurance (Memorandum Decision)
Date: November 8, 2013
Docket Number: 12-0993
State of West Virginia v. Chad Williams (Memorandum Decision)
Date: November 8, 2013
Docket Number: 12-1311
Edward C. Grimes v. Marvin Plumley, Warden (Memorandum Decision)
Date: November 8, 2013
Docket Number: 12-1425
Brass Ring, Inc. v. Dennis Ray Johnson, etc. (Memorandum Decision)
Date: November 8, 2013
Docket Numbers: 12-1496, 12-1532
Barbara Chamberlain v. Wexford Health Sources (Memorandum Decision)
Date: November 8, 2013
Docket Number: 13-0038
William and Amy McKitrick v. Chrysler Group (Memorandum Decision)
Date: November 8, 2013
Docket Number: 13-0119
Richard Edward Crisp v. Mary Jo Crisp (Memorandum Decision)
Date: November 8, 2013
Docket Number: 13-0122
State of West Virginia v. George J. (Memorandum Decision)
Date: November 8, 2013
Docket Number: 13-0132
State of West Virginia v. Brian L. King (Memorandum Decision)
Date: November 8, 2013
Docket Number: 13-0146
State of West Virginia v. Jerry Godby (Memorandum Decision)
Date: November 8, 2013
Docket Number: 13-0207
Terry and Anna Raab v. David M. Marshall, etc. (Memorandum Decision)
Date: November 8, 2013
Docket Number: 13-0249
State of West Virginia v. James Cross Jr. (Memorandum Decision)
Date: November 8, 2013
Docket Number: 13-0260
Gary Keifer v. Alcan Rolled Products (Memorandum Decision)
Date: November 7, 2013
Docket Number: 11-1302
Carmen Destefano Jr. v. Severstal Wheeling (Memorandum Decision)
Date: November 7, 2013
Docket Number: 12-0002
Charles Edward Myers v. Huntington Alloys (Memorandum Decision)
Date: November 7, 2013
Docket Number: 12-0070
Randall L. Wilson v. S I McAllister (Memorandum Decision)
Date: November 7, 2013
Docket Number: 12-0071
Jonathan Schreyer v. City of Wheeling (Memorandum Decision)
Date: November 7, 2013
Docket Number: 12-0072
Dove Heatherington v. ADP Total Source (Memorandum Decision)
Date: November 7, 2013
Docket Number: 12-0073
Gary Crabtree v. Homer Laughlin China (Memorandum Decision)
Date: November 7, 2013
Docket Number: 12-0083
Dorothy J. Sheets v. W. Va. Office of Insurance Commissioner/SMR Technologies (Per Curiam Opinion)
Date: November 7, 2013
Docket Number: 12-0085
Aaron J. Shultz v. Eastern Assoc. Coal (Memorandum Decision)
Date: November 7, 2013
Docket Number: 12-0086
Richard H. Davis v. W. Va. Office of Insurance Commissioner/Wal-Mart Stores (Per Curiam Opinion)
Date: November 7, 2013
Docket Number: 12-0113
Linda L. Cox v. W. Va. Office of Insurance Commissioner/Estate of Thelma Schmidt (Per Curiam Opinion)
Date: November 7, 2013
Docket Number: 12-0215
Mary E. Steele, Widow v. Consolidation Coal (Memorandum Decision)
Date: November 7, 2013
Docket Number: 12-0216
Jay E. Clegg v. Ohio Power (Memorandum Decision)
Date: November 7, 2013
Docket Number: 12-0218
David L. Milhorn v. Joshua Construction (Memorandum Decision)
Date: November 7, 2013
Docket Number: 12-0219
Sengsong T. Lin v. Racing Corporation of WV (Memorandum Decision)
Date: November 7, 2013
Docket Number: 12-0220
William L. Searls v. Huntington Alloys (Memorandum Decision)
Date: November 7, 2013
Docket Number: 12-0222
Chafin v. Farmers & Mechanics Mut. Ins. Co. of W. Va. (Per Curiam Opinion)  
Date: November 7, 2013
Docket Number: 12-0769

Justia Opinion Summary: Petitioner's decedent, Freda Bradley, purchased a named perils homeowners insurance policy from Farmers and Mechanics Mutual Insurance Company of West Virginia (Farmers). Bradley filed a claim under the policy for damage...

State ex rel. Dale v. Circuit Court (Per Curiam Opinion)  
Date: November 7, 2013
Docket Number: 13-0438

Justia Opinion Summary: The Acting Commissioner of the West Virginia Division of Motor Vehicles (the Commissioner) affirmed the revocation of Michael Doonan's driver's license for second offense DUI. Doonan sought review of the revocation order...

Wilson v. Staats (Per Curiam Opinion)  
Date: November 6, 2013
Docket Number: 12-0042

Justia Opinion Summary: Petitioners and Respondents owned adjoining parcels of property. After the parties purchased their properties, they learned they would be entitled to free gas from a well drilled on a property adjoining Respondents' prop...

State v. Flournoy (Per Curiam Opinion)  
Date: November 6, 2013
Docket Number: 12-0197

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder in the first degree and sentenced to life imprisonment without the possibility of parole. The Supreme Court affirmed Defendant's conviction and sentence, holding (1)...

Kubican v. The Tavern, LLC (Signed Opinion)  
Date: November 6, 2013
Docket Number: 12-0507

Justia Opinion Summary: After an altercation that took place at Bubba's Bar and Grill (Bubba's), Petitioner filed a complaint against Bubba's, asserting three negligence claims. Petitioner subsequently learned that Bubba's was a fictitious name...

Patricia Hudson v. Karen L. Bowling, Sec. W. Va. DHHR (Separate)
Date: November 6, 2013
Docket Number: 12-0775
Hudson v. Bowling (Signed Opinion)  
Date: November 6, 2013
Docket Number: 12-0775

Justia Opinion Summary: Petitioner filed to receive food stamp benefits under the Supplemental Nutrition Assistance Program as a separated spouse in a one-person household. The Department of Health and Human Resources (DHHR) determined that Pet...

Young v. Apogee Coal Co., LLC (Signed Opinion)  
Date: November 6, 2013
Docket Number: 12-0835

Justia Opinion Summary: Richard Young was killed while working for Apogee Coal Company (Apogee) after being allegedly instructed by his supervisor, James Browning, to remove a counterweight on an end loader that fell on top of him and killed hi...

Master Mech. Insulation, Inc. v. Simmons (Signed Opinion)  
Date: November 6, 2013
Docket Number: 12-1206

Justia Opinion Summary: Respondent was employed periodically by Petitioner. While engaged in certain activities at an apartment complex that was being demolished by Petitioner, Respondent was injured. Respondent filed a workers' compensation cl...

Amanda A. v. Kevin T. (Per Curiam Opinion)  
Date: November 6, 2013
Docket Number: 12-1276

Justia Opinion Summary: After Mother and Father separated, the family court filed an order granting Mother permission to change her residence to the state of Georgia and to have primary physical custody of the parties' child. Two years later, F...

New v. GameStop, Inc. (Per Curiam Opinion)  
Date: November 6, 2013
Docket Number: 12-1371

Justia Opinion Summary: In 2009, GameStop, Inc., which operated retail stores that sold video games and video gaming software, hired Petitioner as an assistant manager. When she began her employment, Petitioner received a store associate handbo...

State ex rel. Ash v. Circuit Court (Signed Opinion)  
Date: November 6, 2013
Docket Number: 13-0458

Justia Opinion Summary: Lisa Martin filed a domestic violence petition against Chubby Hoston, who was incarcerated. Attorney Colin Cline was appointed to act as Hoston's guardian ad litem. Based on a statement made by Hoston that Cline delivere...

Sorongon v. W. Va. Bd. of Physical Therapy (Per Curiam Opinion)  
Date: November 5, 2013
Docket Number: 12-0422

Justia Opinion Summary: Petitioner was a licensed physical therapist and the owner of a therapy center that operated two facilities. The West Virginia Board of Physical Therapy revoked Petitioner's license for failure to properly supervise phys...

Jack Lee Bishop v. West Virginia Mine Power (Memorandum Decision)
Date: November 1, 2013
Docket Number: 11-1734
Greg Zanelotti v. March Westin Company (Memorandum Decision)
Date: November 1, 2013
Docket Number: 11-1744
Bruce A. Buzzard v. U. S. Steel Mining (Memorandum Decision)
Date: November 1, 2013
Docket Number: 12-0051
Brian K. Alford v. Merry X-Ray Chemical (Memorandum Decision)
Date: November 1, 2013
Docket Number: 12-0069
Albert Napier v. Apex Pipeline Services (Memorandum Decision)
Date: November 1, 2013
Docket Number: 12-0119
Ralph Mayle v. Community Progress Committee (Memorandum Decision)
Date: November 1, 2013
Docket Number: 12-0142
Mike Walker v. Fortune Brands (Memorandum Decision)
Date: November 1, 2013
Docket Number: 12-0157
Michael L. Chapman v. Hobet Mining (Memorandum Decision)
Date: October 30, 2013
Docket Number: 12-0162
Frank A. Bekkering v. Homer Laughlin China (Memorandum Decision)
Date: October 30, 2013
Docket Number: 12-0172
Michael L. Bennett v. Mine Temp, LLC (Memorandum Decision)
Date: October 30, 2013
Docket Number: 12-0183
Patricia Blankenship v. Aramark Corp. (Memorandum Decision)
Date: October 30, 2013
Docket Number: 12-0192
ST Pipeline v. Ricky Gandee (Memorandum Decision)
Date: October 30, 2013
Docket Number: 12-0198
Jason Bledsoe v. Amfire, LLC (Memorandum Decision)
Date: October 30, 2013
Docket Number: 12-0199
Pilgrim's Pride v. Luis Casado Mejia (Memorandum Decision)
Date: October 30, 2013
Docket Number: 12-0212
Lynda Griffith v. Eco Lab (Martinsburg) (Memorandum Decision)
Date: October 30, 2013
Docket Number: 12-0213
Lemasters v. Nationwide Mut. Ins. Co. (Per Curiam Opinion)  
Date: October 29, 2013
Docket Number: 12-0774

Justia Opinion Summary: Plaintiff sought underinsured motorists (UIM) coverage from Respondent, Plaintiff's insurance carrier, after he was involved in an accident. Plaintiff and his wife eventually filed suit against Respondent seeking to reco...

Gerlach v. Ballard (Signed Opinion)  
Date: October 28, 2013
Docket Number: 12-0609

Justia Opinion Summary: Petitioner was convicted of second degree murder and death of a child by a parent, guardian, or custodian. Petitioner filed a petition for a writ of habeas corpus, claiming that he had been punished twice for the same of...

In Re: C.K. (Memorandum Decision)
Date: October 28, 2013
Docket Number: 12-1279
Christopher Chapman v. David Ballard (Memorandum Decision)
Date: October 28, 2013
Docket Number: 13-0084
Ellis B. v. Patrick Marindy (Memorandum Decision)
Date: October 28, 2013
Docket Number: 13-0088
United Parcel Service, Inc. v. Jay Hannah (Memorandum Decision)
Date: October 25, 2013
Docket Number: 11-1527
State of West Virginia v. William R. Johnson (Memorandum Decision)
Date: October 25, 2013
Docket Number: 12-0120
David McComas v. ACF Industries, LLC (Separate)
Date: October 25, 2013
Docket Number: 12-0548
AIG Domestic Claims, Inc. v. Hess Oil Co., Inc. (Signed Opinion)  
Date: October 25, 2013
Docket Number: 12-0705

Justia Opinion Summary: Hess Oil Company asserted an unfair trade practices claim against two insurance companies. The jury returned a verdict against the insurance companies and awarded punitive damages. The circuit court, however, reduced the...

State v. Carter (Per Curiam Opinion)  
Date: October 25, 2013
Docket Number: 12-0777

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder in the first degree and malicious wounding. Defendant was sentenced to life imprisonment without the possibility of parole for the murder count and up to ten years' i...

David Ballard v. Brian Bush Ferguson (Separate)
Date: October 25, 2013
Docket Number: 12-1028
Ballard v. Ferguson (Signed Opinion)  
Date: October 25, 2013
Docket Number: 12-1028

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder and sentenced to life in prison without the possibility of parole. The Supreme Court affirmed the judgment on appeal. Defendant later filed a petition fo...

State v. Lambert (Signed Opinion)  
Date: October 25, 2013
Docket Number: 12-1066

Justia Opinion Summary: After a jury trial, Petitioner was convicted of sexual abuse by a parent, guardian or custodian, and distribution and display of obscene matter to a minor. The victim, who was four years old at the time of the offenses,...

Teresa Dellinger v. Pediatrix Medical Group, P.C. (Separate)
Date: October 25, 2013
Docket Number: 12-1069
Dellinger v. Pediatrix Med. Group, P.C. (Per Curiam Opinion)  
Date: October 25, 2013
Docket Number: 12-1069

Justia Opinion Summary: Plaintiff's six-year-old daughter Amber was diagnosed with La Crosse encephalitis at the Charleston Area Medical Center (CAMC). After Amber began having seizures, Dr. Caceres, the on-call attending physician for the pedi...

Richard L. Brown v. United Parcel Service, Inc. (Memorandum Decision)
Date: October 24, 2013
Docket Number: 11-1408
Eugene R. Pettit v. Alex Energy, Inc. (Memorandum Decision)
Date: October 24, 2013
Docket Number: 11-1759
J.L. v. R.L. (Memorandum Decision)
Date: October 24, 2013
Docket Number: 12-0401
Upchurch v. McDowell County 911 (Per Curiam Opinion)  
Date: October 24, 2013
Docket Number: 12-0824

Justia Opinion Summary: Joe Mallory called McDowell County 911 to request assistance, reporting that a man was threatening to kick in his door and harm him. A dispatcher took Mallory's call. After the Dispatcher learned the man had left Mallory...

Bluestone Indus., Inc. v. Keneda (Per Curiam Opinion)  
Date: October 24, 2013
Docket Number: 12-1337

Justia Opinion Summary: Plaintiff filed a deliberate intent action alleging he was injured while constructing a mine portal canopy at defendant Frontier Coal Company's camp. On the final day of trial, a conversation took place between a trial r...

Edwin Alfred v. Houchin Construction Limited (Memorandum Decision)
Date: October 21, 2013
Docket Number: 11-1581
Gregory Savage v. Alliance Coal, LLC (Memorandum Decision)
Date: October 21, 2013
Docket Number: 11-1672
David Smith v. Amfire, LLC (Memorandum Decision)
Date: October 21, 2013
Docket Number: 11-1680
Lovel Estep Jr. v. Brody Mining, LLC (Memorandum Decision)
Date: October 21, 2013
Docket Number: 11-1681
Roger L. Sutphin v. M&G Polymers USA, LLC (Memorandum Decision)
Date: October 21, 2013
Docket Number: 11-1684
Lee Trace LLC v. Gearl Raynes, et al. (Separate)
Date: October 21, 2013
Docket Numbers: 12-0638, 12-0638&, 12-0992
Lee Trace LLC v. Raynes (Per Curiam Opinion)  
Date: October 21, 2013
Docket Number: 12-0638&

Justia Opinion Summary: These consolidated cases involved tax assessments for Petitioner's property. In the first appeal, Petitioner challenged the 2010 tax assessment to his property. The Board of Review and Equalization determined that Petiti...

Collett v. Eastern Royalty, LLC (Signed Opinion)  
Date: October 21, 2013
Docket Number: 12-0764

Justia Opinion Summary: Respondents, owners of coal-bearing properties in Taylor County, challenged tax assessments on their properties during the 2010 tax year. The County Assessor challenged the State Tax Commissioner's appraisals of Responde...

State of West Virginia v. Melvin A. Terry (Memorandum Decision)
Date: October 21, 2013
Docket Number: 12-1096
Thomas Arnett v. Marvin Plumley (Memorandum Decision)
Date: October 21, 2013
Docket Number: 12-1441
State of West Virginia v. Victor Junior Horn (Memorandum Decision)
Date: October 21, 2013
Docket Number: 12-1458
State of West Virginia v. Steven Wayne Shrader (Memorandum Decision)
Date: October 21, 2013
Docket Number: 12-1459
State of West Virginia v. Mark Allen Pifer (Memorandum Decision)
Date: October 21, 2013
Docket Number: 12-1544
State of West Virginia v. Sherman B. Williams (Memorandum Decision)
Date: October 21, 2013
Docket Number: 13-0131
Thomas E. v. Amy F. (Memorandum Decision)
Date: October 21, 2013
Docket Number: 13-0176
Matthew S. Wade v. David Ballard (Memorandum Decision)
Date: October 21, 2013
Docket Number: 13-0230
State of West Virginia v. Ernest L. Young (Memorandum Decision)
Date: October 21, 2013
Docket Number: 13-0272
State of West Virginia v. James S. (Memorandum Decision)
Date: October 21, 2013
Docket Number: 13-0301
State of West Virginia v. Dustin Shawn Cottrell (Memorandum Decision)
Date: October 21, 2013
Docket Number: 13-0310
State of West Virginia v. Thomas L. Moore Jr. (Memorandum Decision)
Date: October 21, 2013
Docket Number: 13-0332
In Re: G.P. (Memorandum Decision)
Date: October 21, 2013
Docket Number: 13-0411
In Re: D.A. and D.A. (Memorandum Decision)
Date: October 21, 2013
Docket Number: 13-0423
In Re: A.R. (Memorandum Decision)
Date: October 21, 2013
Docket Number: 13-0487
In Re: T.P. (Memorandum Decision)
Date: October 21, 2013
Docket Number: 13-0488
In Re: A.H. (Memorandum Decision)
Date: October 21, 2013
Docket Number: 13-0524
In Re: K.L. (Memorandum Decision)
Date: October 21, 2013
Docket Number: 13-0527
In Re: K.L. (Memorandum Decision)
Date: October 21, 2013
Docket Number: 13-0557
In Re: G.L., L.L., and A.L. (Memorandum Decision)
Date: October 21, 2013
Docket Number: 13-0559
In Re: P.H., P.H., and H.H. (Memorandum Decision)
Date: October 21, 2013
Docket Number: 13-0613
In Re: M.C., A.C., J.C., and B.B. (Memorandum Decision)
Date: October 21, 2013
Docket Number: 13-0619
State of West Virginia v. Ronald L. Shamburg (Memorandum Decision)
Date: October 18, 2013
Docket Number: 12-0712
State of West Virginia v. Justin Estep (Memorandum Decision)
Date: October 18, 2013
Docket Number: 12-1048
State of West Virginia v. Duane Hammock (Memorandum Decision)
Date: October 18, 2013
Docket Number: 12-1122
R.A. v. T.A. (Memorandum Decision)
Date: October 18, 2013
Docket Number: 12-1251
State of West Virginia v. Matthew Scott Cook (Memorandum Decision)
Date: October 18, 2013
Docket Number: 12-1271
Ernest F. Jack v. The City of Wellsburg (Memorandum Decision)
Date: October 18, 2013
Docket Number: 12-1420
State of West Virginia v. Ricky D. Webster (Memorandum Decision)
Date: October 18, 2013
Docket Number: 12-1436
State of West Virginia v. Gary W. Mullins (Memorandum Decision)
Date: October 18, 2013
Docket Number: 12-1460
Richard Friel v. Kenton Meadows Company, Inc. (Memorandum Decision)
Date: October 18, 2013
Docket Number: 12-1470
Richard Farmer v. Margaret Farmer (Memorandum Decision)
Date: October 18, 2013
Docket Number: 12-1501
Mark Ash v. Allstate Insurance Company, et al. (Memorandum Decision)
Date: October 18, 2013
Docket Number: 12-1533
Kathryn C. v. Mark C. (Memorandum Decision)
Date: October 18, 2013
Docket Number: 12-1542
State of West Virginia v. Cordell W. Parrack (Memorandum Decision)
Date: October 18, 2013
Docket Number: 13-0052
P.M. v. B.M. (Memorandum Decision)
Date: October 18, 2013
Docket Number: 13-0068
State of West Virginia v. Daniel C. Chapman (Memorandum Decision)
Date: October 18, 2013
Docket Number: 13-0111
State of West Virginia v. Robert Dewayne Martin (Memorandum Decision)
Date: October 18, 2013
Docket Number: 13-0112
Robert L. Holcomb v. David Ballard (Separate)
Date: October 17, 2013
Docket Number: 12-0396
Holcomb v. Ballard (Signed Opinion)  
Date: October 17, 2013
Docket Number: 12-0396

Justia Opinion Summary: After a jury trial, Defendant was convicted of child neglect. Thereafter, a jury convicted Defendant on recidivist charges, for which Defendant was sentenced to life imprisonment. The trial court subsequently granted Def...

State v. Garner (Per Curiam Opinion)  
Date: October 17, 2013
Docket Number: 12-0439

Justia Opinion Summary: After a jury trial, Defendant was convicted of voluntary manslaughter, wanton endangerment, and carrying a concealed weapon without a permit. Defendant appealed, arguing, among other things, that he was denied his consti...

McComas v. ACF Indus., LLC (Signed Opinion)  
Date: October 17, 2013
Docket Number: 12-0548

Justia Opinion Summary: Plaintiff was employed as a welder by Defendant when he sustained severe burns from an arc blast emanating from a 480-volt electrical box as he attempted to turn on the power at his work station. Plaintiff sued Defendant...

Veltri v. Parker (Per Curiam Opinion)  
Date: October 17, 2013
Docket Number: 12-0619

Justia Opinion Summary: Petitioner and his political party leader filed a post-election mandamus action seeking the removal of Anthony Veltri, who had been elected and sworn into office as a county commissioner, on the grounds that Veltri did n...

Dale v. Dingess (Per Curiam Opinion)  
Date: October 17, 2013
Docket Number: 12-1273

Justia Opinion Summary: Amanda Dingess was arrested for DUI after Dingess failed three field sobriety tests. The Department of Motor Vehicles (DMV) subsequently revoked Dingess's drivers license for the DUI. Dingess filed a request for an admin...

In re J.C. (Per Curiam Opinion)  
Date: October 17, 2013
Docket Number: 13-0109

Justia Opinion Summary: The circuit court adjudicated Mother as an abusive and neglectful parent with regard to her child, J.C., on the basis of Mother's drug use, the termination of Mother's parental rights to three other children, the history...

Landis v. Hearthmark, LLC (Signed Opinion)  
Date: October 17, 2013
Docket Number: 13-0159

Justia Opinion Summary: Parents filed a product liability action on behalf of Child, who was severely burned while attempting to start a fire in his family's fireplace with a fire starter gel. Defendants filed third-party complaints against Par...

State of West Virginia v. Christopher Wayne Bowling (Separate)
Date: October 11, 2013
Docket Number: 11-1674
State of West Virginia v. Christopher Wayne Bowling (Separate)
Date: October 8, 2013
Docket Number: 11-1674
State v. Bowling (Per Curiam Opinion)  
Date: October 8, 2013
Docket Number: 11-1674

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder and sentenced to life imprisonment without the possibility of parole. The Supreme Court affirmed Defendant's conviction, holding (1) Defendant was not pr...

State of West Virginia v. Bryan Maggard (Separate)
Date: October 7, 2013
Docket Number: 12-0301
State v. Maggard (Per Curiam Opinion)  
Date: October 7, 2013
Docket Number: 12-0301

Justia Opinion Summary: After a jury trial, Petitioner was convicted of one count of second degree sexual assault and sentenced to a suspended sentence of ten to twenty-five years in prison. Petitioner appealed, alleging several assignments of...

JWCF, LP v. Farruggia (Per Curiam Opinion)  
Date: October 7, 2013
Docket Number: 12-0389

Justia Opinion Summary: Respondent began employment with Employer in 2005. In 2006, Respondent was terminated for refusing to take a drug test, but he was re-hired one month later. In 2007, Respondent suffered a compensable back injury and late...

Thomas v. McDermitt (Signed Opinion)  
Date: October 7, 2013
Docket Number: 12-0688

Justia Opinion Summary: Petitioners, who had a liability policy with State Farm, were involved in a motor vehicle accident. Petitioners filed an underinsured motorist claim with State Farm. Based on the absence of underinsurance coverage in Pet...

State v. Chic-Colbert (Per Curiam Opinion)  
Date: October 7, 2013
Docket Number: 12-1121

Justia Opinion Summary: After a jury trial, Petitioner was convicted of one count of child neglect resulting in death and two counts of gross child neglect creating a substantial risk of serious bodily injury or of death. The Supreme Court affi...

Morton v. W. Va. Office of Ins. Comm'r (Per Curiam Opinion)  
Date: October 4, 2013
Docket Number: 11-1382

Justia Opinion Summary: Petitioner injured her wrist and shoulder at work while assisting a contract employee lift a box of clothes that had been left in Petitioner's office. The Workers' Compensation Board of Review (BOR) denied Petitioner's c...

Lloyd A. Dunbar v. Patriot Coal Co. (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-0003
Consolidation Coal Co. v. Louis P. Zackey (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-0004
Randy Torris v. Alcan Rolled Products (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-0009
Donnie Smith II v. Alex Energy (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-0011
Louis P. Zackey v.Consolidation Coal Co. (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-0033
Charles L. Jarrell v. Eastern Associated Coal (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-0056
Bobby D. Starr v. Mountaineer Gas (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-0059
Christopher L. Sizemore v. L & G Trucking (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-0063
Ricky Meadows v. Kingston Mining (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-0064
Charles A. Blackwell v. LM Aeronautics (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-0065
Brian K. Merritt v. Village of Barboursville (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-0068
Multiplex Inc. v. Town of Clay (Per Curiam Opinion)  
Date: October 4, 2013
Docket Number: 12-0418

Justia Opinion Summary: After Petitioners and Respondent, Town of Clay, entered into a construction contract, Petitioners filed a complaint for preliminary injunctive relief based on a dispute over the contract. Petitioners paid a $25,000 injun...

T.A.M. v. C.M.K. (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-0544
Cledith N. Kincaid v. Alcon, Inc. (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-0897
James D. Desmond Jr. v. LA Properties (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-0914
Risa Dean v. Michael Gates (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-0929
Greg and Dennis Givens v. Rebecca Randolph, et al. (Memorandum Decision)
Date: October 4, 2013
Docket Numbers: 12-0946, 12-0981
Gary Holmes v. Byron Craig Manford (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-1047
Stephen F. Nelson v. James O. and Naomi Marcum (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-1163
Kenneth J. Manns v. David Ballard, Warden (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-1194
Frank L. Ferguson v. Evelyn Seifert, Warden (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-1195
K.W. v. C.W. (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-1197
Donald Lee Taylor v. Marvin Plumley, Warden (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-1211
William E. Akers v. City of Bluefield (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-1221
Darren Butler v. Marvin Plumley, Warden (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-1263
Jackie Lee R. Sr. v. David Ballard, Warden (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-1302
Dylan Batten v. City of Morgantown (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-1354
In Re: Wade Brining (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-1409
Christopher Cozad v. Marvin Plumley, Warden (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-1416
Donald Lee Taylor v. Marvin Plumley, Warden (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-1490
Andrew C. Smith v. City of Morgantown (Memorandum Decision)
Date: October 4, 2013
Docket Number: 12-1513
Marty B. v. Patrick Mirandy, Warden (Memorandum Decision)
Date: October 4, 2013
Docket Number: 13-0008
William K. Glover v. Marvin Plumley, Warden (Memorandum Decision)
Date: October 4, 2013
Docket Number: 13-0044
Wallace v. Pack (Per Curiam Opinion)  
Date: October 3, 2013
Docket Number: 12-0227

Justia Opinion Summary: Respondents sought to prove adverse possession of a tract of land against Petitioner. In support of their claim, Respondents presented evidence that they were the children of Ralph Pack, who purchased the tract of land a...

Burnworth v. George (Per Curiam Opinion)  
Date: October 3, 2013
Docket Number: 12-0991

Justia Opinion Summary: Plaintiff filed a legal malpractice action against two attorneys and a law firm (Respondents) alleging that their negligence resulted in failed collateral in securing a promissory note, particularly a defective deed on c...

State v. Davis (Per Curiam Opinion)  
Date: October 2, 2013
Docket Number: 11-1496

Justia Opinion Summary: After a jury trial, Defendant was convicted of multiple felonies, including first degree murder. Defendant appealed, arguing primarily that the trial court erred in allowing him to represent himself, thus depriving him o...

Kevin Scott Jordan v. David Ballard, Warden (Memorandum Decision)
Date: October 1, 2013
Docket Number: 12-1015
State of West Virginia v. Brittany Scott (Dissent)
Date: October 1, 2013
Docket Number: 12-1043
State of West Virginia v. Brittany Scott (Memorandum Decision)
Date: October 1, 2013
Docket Number: 12-1043
State of West Virginia v. Victor Paul Fowler (Memorandum Decision)
Date: October 1, 2013
Docket Number: 12-1282
Kevin E.E. v. Evelyn Seifert, Warden (Memorandum Decision)
Date: October 1, 2013
Docket Number: 12-1285
Robert Bowers, III v. Marvin Plumley, Warden (Memorandum Decision)
Date: October 1, 2013
Docket Number: 12-1314
Mark Forrest Jones v. Marvin Plumley, Warden (Memorandum Decision)
Date: October 1, 2013
Docket Number: 12-1397
State of West Virginia v. Tiffany Lucas (Dissent)
Date: October 1, 2013
Docket Number: 12-1399
State of West Virginia v. Tiffany Lucas (Memorandum Decision)
Date: October 1, 2013
Docket Number: 12-1399
In Re: The Adoption of D.T. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 12-1512
State of West Virginia v. Robert A. Crabill (Memorandum Decision)
Date: October 1, 2013
Docket Number: 12-1531
State of West Virginia v. Aaron Hartley (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0033
In Re: B.F., B.F. Jr. and E.F. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0064
In Re: J.J. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0094
In Re: C.M. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0125
In Re: C.M. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0134
State of West Virginia v. Mitchell Coles (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0149
In Re: T.S and C.S. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0163
In Re: J.M. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0269
In Re: P.S., T.S. and S.S. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0295
In Re: T.S and S.A. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0304
In Re: A.H., S.W. and H.W. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0308
In Re: P.S., T.S. and S.S. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0309
In Re: B.N., D.S. and B.R.N. (Memorandum Decision)
Date: October 1, 2013
Docket Number: 13-0348
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