Tuesday, March 4, 2014
Out of an abundance of caution and due to hazardous travel conditions, the Argument Docket at the WVU College of Law is cancelled. All cases will be rescheduled.
Rule 20 argument - 10:00 a.m.
West Virginia University College of Law
Liberty Mutual Insurance Company and Greg Chandler’s Frame & Body, LLC v. Patrick Morrisey, Attorney General, No. 13-0195 - Petitioners appeal the circuit court's final order granting summary judgment for respondent, granting respondent's motion to dismiss petitioners' counterclaim for declaratory judgment, permanently enjoining Petitioner Liberty Mutual from requiring the use of salvaged crash parts when negotiating repairs for motor vehicles in the year of their manufacture or in the two succeeding years without written consent of the vehicle owner, and permanently enjoining Petitioner Greg Chandler's Frame and Body, LLC, from preparing estimates for the repair of new vehicles using salvaged crash parts unless it provides disclosures and obtains written consent. The court reserved requests for civil penalties, restitution and/or attorney fees for future determination. Rescheduled to March 25, 2014.
Dean Lowe and Martha Lowe v. Joseph C. Richards and Joyce Richards, No. 13-0234 - This case involves a boundary-line dispute between the Petitioner-Lowes, as counter plaintiffs and third-party plaintiffs, and the Respondent-Richards, as third-party defendants. This case arose as a right of way dispute between petitioners, Dean and Martha Lowe, and Respondent Hugh E. Hegyi, Trustee of the Herman Hegyi Trust, but devolved into a boundary line dispute between Petitioner-Lowes and Respondents Joseph and Joyce Richards. The unique issue in this case is that the disputed boundary of the subject properties is the state boundary line between Virginia and West Virginia. The Lowes appeal the order of the Circuit Court of Berkeley County, entered February 15, 2013, that dismissed their third-party complaint against the Richards on justiciability, subject matter jurisdiction, and joinder grounds. Rescheduled to March 25, 2014.
John N. Kenney v. Samuel C. Liston, No. 13-0427 - Defendant appeals the judgment order entered after the jury awarded plaintiff compensatory and punitive damages for defendant’s negligence. Defendant asserts that the circuit court committed multiple errors including, inter alia, permitting the jury to award duplicative damages; allowing the jury to hear about a potential Shamblin recovery; improperly commenting upon the evidence; and applying the collateral source rule to allow plaintiff to recover damages for portions of bills that his medical providers waived. Rescheduled to March 26, 2014.
Ron King, Fire Marshal/Code Official; David Casebolt, Mayor; and the City of Nitro v. Richard Nease and Lorinda Nease , No. 13-0603 - The City of Nitro and its officials appeal the circuit court's summary judgment order wherein the court concluded that the W.Va. FOIA does not authorize a public entity to charge a "search fee" for its employee's time spent searching for and retrieving documents requested pursuant to the Act. Rescheduled to March 26, 2014.