West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, February 14, 2017


Rule 20 argument - 10:00 a.m.


Brian Luborsky v. Kimberly S. Carroll, et al., No. 15-0787 - Petitioner appeals the July 15, 2015, order of the Circuit Court of Wood County, that denied his Rule 59(e) motion to alter or amend the circuit court April 27, 2015, judgment order in favor of respondents/plaintiffs below, Kimberly S. Carroll, James C. Brown, Carrie Shook, Ginger R. Riggins, Amanda R. Malone and Cordia S. Little, in their action for wrongful discharge and failure to timely pay wages in violation of the West Virginia Wage Payment and Collection Act, West Virginia Code § 21-5-4(e). Continued to February 15, 2017.

Brian Luborsky v. Kimberly S. Carroll, et al., No. 16-0329 - Petitioner appeals the March 3, 2016, order of the Circuit Court of Wood County, that denied his motion to alter or amend the circuit court’s April 27, 2015, judgment order in favor of respondents/plaintiffs below, Kimberly S. Carroll, James C. Brown, Carrie Shook, Ginger R. Riggins, Amanda R. Malone and Cordia S. Little, in their action for wrongful discharge and failure to timely pay wages in violation of the West Virginia Wage Payment and Collection Act, West Virginia Code § 21-5-4(e). Continued to February 15, 2017.

Dan Ryan Builders v. Horner Brothers Engineers, Inc., No. 16-0402 - Petitioner, the third-party plaintiff below, appeals the order of the Circuit Court of Harrison County, entered on March 24, 2016, granting the motion for summary judgment of third-party defendant Hornor Brothers Engineers on the ground of res judicata. Continued to Tuesday, April 18, 2017.

Dan Ryan Builders v. Horner Brothers Engineers, Inc., No. 16-0401 - Petitioner, the third-party plaintiff below, appeals the order of the Circuit Court of Harrison County, entered on March 17, 2016, granting the motion for summary judgment of third-party defendants Robert S. Lang, Lang Brothers, Inc., and Crystal Ridge Development (“the Lang defendants”). Continued to Tuesday, April 18, 2017.

Thomas L. Cooper v. Appalachian Power Company, No. 15-1095 - In this workers’ compensation case, Petitioner Thomas L. Cooper appeals the West Virginia Workers’ Compensation Board of Review’s Final Order dated October 5, 2015, in which the Board reversed and vacated the March 19, 2015, Decision of the Workers’ Compensation Office of Judges. In reversing the Office of Judges, the Board of Review reinstated the claims administrator’s May 21, 2014, ruling that denied a permanent total disability award, which was based on the final recommendation of the Permanent Total Disability Review Board that the petitioner did not suffer from a medical impairment of at least 50% on a whole body basis under W. Va. Code § 23-4-6(n)(1) and had not sustained a 35% or greater statutory disability under W. Va. Code § 23-4-6(j)(5).

Rule 19 argument


Edwin K. v. WV DHHR, Bureau for Child Support Enforcement, No. 15-1161 - Petitioner appeals the circuit court’s November 2, 2015, final order refusing his appeal from the family court’s September 21, 2015, final order.

In Re: J.M., A.M., J.M., and J.M., No. 16-0584 - Rule to show cause in contempt against Cheryl Warman, Esq., counsel for the petitioner, returnable unless sooner mooted by perfecting the appeal. Dismissed.