West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Wednesday, April 15, 2020

All cases will be argued remotely and oral arguments will be webcast.

Rule 20 argument - 10:00 a.m.

State of West Virginia v. Christopher Mills, No. 18-1132 - Petitioner appeals from an order of the Circuit Court of Mingo County denying his motion to dismiss the indictment charging him with being a felon in possession of a firearm, to which he later pled guilty. The circuit court sentenced him to three years’ imprisonment based upon his prior conviction in Kentucky for first-degree wanton endangerment. Rescheduled to April 14, 2020

Marissa Shaffer and Timothy Shaffer v. William Bragg, M.D., et al., No. 19-0305 - Petitioners appeal the Circuit Court of Kanawha County’s order awarding summary judgment to Respondents on Petitioners’ claims for lack of informed consent, medical negligence, and outrage. The circuit court found that Petitioners failed to prove that Respondent Bragg’s alleged deviation from the standard of care was the proximate cause of Petitioner Marissa Shaffer’s injuries and, therefore, Respondents are entitled to summary judgment as a matter of law because no genuine issue of material fact exists. Continued

Rule 19 argument

Monongahela Power Company v. Michael and Vickie Buzminsky No. 19-0228 - Petitioner appeals the Circuit Court of Kanawha County’s order denying it’s motion to dismiss it from the underlying negligence action filed by Respondents following injuries sustained by Respondent Michael Buzminsky when he attempted to restore electrical power to a power plant. As grounds for the motion to dismiss, Petitioner asserted that it was immune from liability because it was acting in the capacity of an emergency responder. The circuit court denied the motion based upon its finding that Petitioner is not immune from liability. Justice Jenkins disqualified. Judge Olejasz assigned. Continued

Heather H. v. W. Shane H. No. 19-0058 - Petitioner appeals the Circuit Court of Kanawha County’s order reversing the family court’s alimony award and requiring her to pay half of Respondent’s unpaid student loan debt. Submitted on briefs

Stonerise Healthcare, LLC and Keyser Center, LLC v. Susan K. Oats No. 19-0215 - Petitioners appeal the Circuit Court of Mineral County’s order denying their motion to dismiss the underlying personal injury and wrongful death action filed by Respondent, and compel arbitration. Respondent filed suit against Petitioners following the death of her mother while under the care of a nursing home facility. During the process of admitting her mother to the facility, Respondent signed an arbitration agreement. The circuit court found that the arbitration agreement signed by Respondent is both procedurally and substantively unconscionable and, therefore, unenforceable. Submitted on briefs

In re: A.M. and N.M. No. 19-0492 - Petitioner guardian ad litem appeals the Circuit Court of Wood County’s adjudicatory order in which the circuit court found that the West Virginia Department of Health and Human Resources failed to prove by clear and convincing evidence that Respondent Father sexually abused the minor child, A.M., and that Respondent Mother failed to protect A.M. from Respondent Father’s sexual abuse.  Briefs are on file in the clerk's office. Continued