West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, October 1, 2013


Rule 20 argument - 10:00 a.m.


Theresa L. Weimer v. Thomas Sanders, C.C. Lester, and the Pocahontas County Board of Education, No. 12-0477 - Plaintiff appeals the dismissal of her lawsuit that alleged violation of the West Virginia Human Rights Act. The circuit court ruled that plaintiff, a public employee, failed to first exhaust her administrative remedies by pursuing a grievance with the West Virginia Public Employees Grievance Board. Justice Workman disqualified.

Vicky Lou Hughes v. West Virginia University, Jeanetter Motsch and Mary Roberta "Bobbie" Brandt, No. 12-1506 - Plaintiff appeals the circuit court's order dismissing her civil complaint brought pursuant to the W. Va. Human Rights Act; the circuit court held that plaintiff failed to exhaust the administrative remedies that she had already initiated with the W. Va. Public Employees Grievance Board. Justice Workman disqualified.

Robert L. Holcomb v. David Ballard, Warden, No. 12-0396 - Petitioner appeals the circuit court's order denying him habeas relief in this civil matter.

Tony T. Gerlach v. David Ballard, Warden, No. 12-0609 - Petitioner appeals the circuit court's order denying him habeas relief in this civil matter.

     Circuit Court Order on and all briefs on file in Supreme Court Clerk's Office

In Re: Carlissa K., No. 12-1279 - Petitioner Putative Father appeals the circuit court's order terminating his parental rights. Submitted on petition and briefs, without oral argument.

     Circuit Court Order and all briefs on file in Supreme Court Clerk's Office

SER Select Specialty Hospital Charleston, Inc. and Select Medical Corporation v. Hon. James C. Stucky, Judge, and Donald C. Hunley, Administrator of the Estate of Patricia R. Hunley, No. 13-0281 - Petitioner Hospital seeks a writ of prohibition challenging the circuit court order that failed of bifurcate the trial of a medical negligence claim from a negligent credentialing claim. Dismissed.

Cavalry SPV I, LLC, Cavalry SPV II, LLC, Cavalry Investments, LLC and Cavalry Portfolio Services, LLC v. Patrick Morrisey, Attorney General, No. 11-1564 - Petitioners Cavalry SPV I; Cavalry SPV II; Cavalry Investments, LLC; and Cavalry Portfolio Services, LLC challenge the Attorney General's investigative subpoena powers under the West Virginia Consumer Credit and Protection Act, at West Virginia Code § 46A-7-104. Petitioners appeal the Circuit Court of Kanawha County's order, entered November 7, 2011, that compelled all four petitioners to comply in full with the Attorney General's investigatory subpoena.

Cavalry SPV I, LLC, Cavalry SPV II, LLC, Cavalry Investments, LLC and Cavalry Portfolio Services, LLC v. Patrick Morrisey, Attorney General, - 12-0546 - Petitioners and debt purchasers Cavalry SPV I; Cavalry SPV II; and Cavalry Investments, LLC, challenge the scope and terms of a temporary injunction obtained by the Attorney General under the West Virginia Consumer Credit and Protection Act, at West Virginia Code § 46A-7-104. Petitioners appeal the Circuit Court of Kanawha County's order, entered March 20, 2012, that refused to dissolve or modify an October 7, 2011, temporary injunction that prohibited petitioners from collecting debts acquired by petitioners when they were not licensed under the West Virginia Collection Agency Act, West Virginia Code §§ 47-16-1 to -5.

Master Mechanical Insulation, Inc. v. Richard Simmons, No. 12-1206 - The Cabell County Circuit Court certified three questions relating to the Respondent Simmons' deliberate intent action which was filed after the 2005 amendments to the deliberate intent statute, but where the injury occurred before the amendment. Simmons fell from a second floor balcony of an apartment complex. The questions are as follows:

1. Is Simmons' claim against Master Mechanical governed by the 2005 amendment to the deliberate intent statute, W. Va. Code § 23-4-2(d)(2)(ii), pursuant to Roney v. Gencorp, 431 F. Supp, 2d 622 (S.D. W. Va. 2006) and Corley v. Eastern Assoc. Coal Corp., 2009 U.S. Dist. LEXIS 22080 (N.D. W. Va. 2009)?
Circuit court's answer: Yes.

2. In light of the Supreme Court of Appeals' decision in Roberts v. Consolidation Coal Co., 539 S.E.2d (W. Va. 2000) and the facts [as set forth in the order], is an employer prohibited from introducing evidence or testimony, or arguing that an employee's conduct in the performance of the work for the employer was the proximate cause of the plaintiff's injury?
Circuit court's answer: Yes.

3. In light of the Supreme Court's ruling of octember 19, 2008 that Simmons' injury was compensable under the West Virginia Worker's Compensation Act, is Master Mechanical precluded from arguing that Simmons was at the site of his own volition, and voluntarily agreed to remove the decontamination unit from the second floor of Building B?
Circuit court's answer: Yes.

State of West Virginia v. William R. Johnson, No. 12-0120 - Petitioner appeals his conviction on three felony counts related to the August of 2008 death of fifteen-month-old J.W.

George C. Turley, Jr. v. WV Office Insurance Commission and Alleghany Energy Service Corporation, No. 11-1452 - The Court will hear arguments in this workers' compensation case. Withdrawn.

Steve G. Argabright v. WV Office Insurance Commission and Mystic, LLC, No. 11-1449 - The Court will hear arguments in this workers' compensation case. Withdrawn.