West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Wednesday, September 20, 2017


Rule 20 argument - 10:00 a.m.


Larry and Pamela Pyles v. Mason County Fair, Inc., et al., No. 17-0300 - Questions Certified by the Circuit Court of Mason County:
Question 1. If a political subdivision enters into a joint venture with a private entity to conduct an annual county fair on real property owned by the political subdivision, does the West Virginia Governmental Tort Claims and Insurance Reform Act provide the political subdivision with immunity from vicarious liability for injuries suffered by a non-trespassing entrant on the real property caused by the negligent acts of the private entity?
Answer: Yes.
Question 2. If a political subdivision enters into a joint venture with a private entity to conduct an annual county fair on real property owned by the political subdivision, does the political subdivision assume the same legal duty to non-trespassing entrants on the real property as that of the private entity?
Answer: No.
Question 3. Does the existence of a joint venture between a political subdivision and a private entity to conduct an annual county fair on real property owned by the political subdivision, void/abrogate any of the immunities provided by the West Virginia Governmental Tort Claims and Insurance Reform Act?
Answer: No.

Doris Young v. Gary Douglas Young, Nos. 16-0603 and 16-0955 -Petitioner appeals the grant of summary judgment to respondent and the denial of her motions for summary judgment in the underlying action related to respondent’s request to purchase the portion of a business owned by Gary Ray Young at the time of his death.

State of West Virginia v. Ryan L. Henson, No. 16-0914 - Petitioner appeals his convictions for the offenses of three counts of first degree robbery, burglary, three counts of assault during the commission of a felony, and conspiracy to commit first degree robbery. Petitioner argues that there was insufficient evidence to convict him; that the circuit court erred in denying an Osakalumi instruction, and refusing to remove the assistant prosecutor for improper statements, and admitting gruesome photographs at trial; and that his convictions violate the principle of double jeopardy.

State of West Virginia v. Kerri S. Reigh, No. 16-0888 - Petitioner appeals her convictions for the offenses of three counts of first degree robbery, one count of burglary, three counts of assault during the commission of a felony, and conspiracy to commit first degree robbery. Petitioner asserts that the circuit court erred by conducting a critical stage of the proceeding in her absence; admitting improper testimony of alleged other bad acts, and admitting improper hearsay testimony; that there is insufficient evidence to sustain her convictions.

State of West Virginia v. Jonathan W. Physioc, No. 16-0850

Albert F. Marano, Sheriff v. Lt. Gregory Scolapio, No. 16-0840 - Petitioner appeals the order of the Circuit Court of Harrison County, entered on August 9, 2016, granting respondent’s complaint for writ of mandamus and declaratory judgment.

Rule 19 argument


Pat Reed, Commissioner WV DMV v. George Zipf, No. 16-0132 - Petitioner appeals the circuit court’s order rescinding the revocation of respondent’s driver’s license in this administrative matter. Continued to October 4, 2017.

In Re: R.Y., No. 16-1125 - Petitioner mother appeals the circuit court’s order terminating her parental rights in this abuse and neglect matter.