West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, May 16, 2017


Rule 20 argument - 10:00 a.m.


Jane Doe-1, et al. v. The Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, No. 16-0008 - Petitioners appeal the order of the Circuit Court of Berkeley County, entered on December 4, 2015, that granted J.D.-1’s motion for summary judgment, and the order of December 31, 2015, that granted other respondents’ motion for summary judgment on the issue of conspiracy. Petitioners purport to challenge orders predating the grant of summary judgment that contain rulings forming bases for the summary judgment.

Helio Martinez v. Asplundh Tree Expert Company, No. 17-0039 - Certified Questions From the Northern District:
1. Does W.Va. Code 55-7E-3, which abrogates Mason County Bd. of Educ. v. State Superintendent of Sch., 170 W.Va. 632, 295 S.E.2d 719 (1982), apply to a wrongful discharge case under the West Virginia Human Rights Act, W.Va. Code § 5-11-9(1), where the plaintiff employee was discharged on September 3, 2013, the effective date of the statute is June 8, 2015, and the case is set for trial after June 8, 2015?
2. Does W.Va. Code 55-7-9, which limits punitive damage awards, apply to a wrongful discharge case under the West Virginia Human Rights Act, W.Va. Code § 5-11-9(1), where the plaintiff employee was discharged on September 3, 2013, the effective date of the statute is June 8, 2015, and the case is set for trial after June 8, 2015?
The District Court did not answer the questions.

Anthony Shook v. Genesis Healthcare, LLC, et al., No. 16-1134 - Withdrawn. Question Certified by the Circuit Court:
In an action for wrongful death under W.Va. Code § 55-7-5, may a circuit court enforce an arbitration agreement executed by the decedent when the wrongful death beneficiaries identified in W.Va. Code § 55-7-6(b) are not signatories to the arbitration agreement?
The circuit court answers this question in the negative.

William Crawford v. WV Department of Corrections – Work Release, No. 16-0043 - Petitioner appeals from a December 21, 2015, final order of the West Virginia Workers’ Compensation Board of Review. In its final order, the Board of Review affirmed the rejection of Mr. Crawford’s claim by an Office of Judges decision dated July 6, 2015, which affirmed the claims administrator’s November 15, 2013, order denying the claim. At the time of his injury, Mr. Crawford was an incarcerated individual, performing services for the West Virginia Division of Highways. Mr. Crawford asserts that, as a prison work-release employee of the Division of Highways, he is entitled to medical benefits, temporary total disability and permanent partial disability benefits. Mr. Crawford also contends that since work-release inmates hired in the private sector have workers’ compensation benefits, the denial of such benefits to similarly situated work-release inmates paid by the state is a denial of equal protection.

Rule 19 argument


State of West Virginia v. Elizabeth Shanton, No. 16-0266 - Petitioner appeals the February 23, 2016, order of the Circuit Court of Jefferson County that denied her post-trial motions following her conviction by a jury of fifteen counts of fraudulent or unauthorized use of a State purchasing card and sentenced her to concurrent sentences of one to five years. The court further ordered that the imposition of sentence be suspended and petitioner placed upon supervised probation for a period of five years and that she pay restitution in the amount of $6,246.43.

Danny Webb and Danny Webb Construction v. North Hills Group, No. 16-0640 - Petitioners appeal the circuit court’s order granting respondent’s petition for declaratory judgment and injunctive relief that also pierced the corporate veil of Danny Webb Construction, Inc.