McHUGH, Justice: This case is before the Court on certified question raised by the Putnam County Circuit Court in its June 9, 2009, "Order Issuing Certificate of Certified Question," and its July 14, 2009, "Amended Order Denying Defendants' Motion to Dismiss and, Alternatively, for Summary Judgment, but Certifying a Legal Question to the West Virginia Supreme Court of Appeals." The question stems from a suit filed by respondents herein, plaintiffs below, Shirley White, Cathy Dennison, and...
PER CURIAM: This is an appeal from an order entered March 23, 2009, in the Circuit Court of Cabell County, West Virginia, granting summary judgment in favor of Appellee City National Bank of West Virginia ("City" or "lessee") and against Appellant Frederick Management Company, LLC ("FMC" or "lessor"). Lessor FMC argues that genuine issues of material fact exist as to whether City, its lessee, breached the parties' Lease Termination Agreement (also referred to as "LTA") by failing to deliver 4,...
McHUGH, Justice: This matter comes before this Court upon a request from the Circuit Court of Logan County to answer five certified questions regarding the law of grave desecration in West Virginia and the effect of West Virginia Code 29-1-8a (1993) on the common law of grave desecration. Upon thorough review of the briefs, arguments, record, and applicable precedent, this Court answers the certified questions, as reformulated, and remands this matter for further proceedings consistent with...
McHUGH, Justice: This case is before us on certified question and presents the issue of whether a promissory note maker has standing to assert a tort claim of fraud in the inducement as a defense and counterclaim to a lender's attempt to enforce the note where the maker relied upon the lender's oral promise, which the lender had no contemporaneous intention of fulfilling, and where the beneficiary of such promise was a third-party. Upon our careful consideration of this issue, we determine...
DAVIS, Chief Justice: In this lawyer disciplinary proceeding brought against Douglas A. Smoot, the Hearing Panel Subcommittee of the Lawyer Disciplinary Board (hereinafter referred to as "the HPS") has recommended that the matter be dismissed. Before this Court, the Office of Disciplinary Counsel (hereinafter referred to as "the ODC") argues that Mr. Smoot violated Rules 3.4, 4.3, 8.4(c), and 8.4(d) of the West Virginia Rules of Professional Conduct 1 based upon his actions in a federal black...
PER CURIAM: The appellants, Bellofram Corporation, d/b/a Marsh Bellofram Corporation, and Joseph Colletti (hereinafter referred to collectively as "Bellofram"), appeal adverse rulings by the Circuit Court of Hancock County. The first order, entered December 1, 2008, found that Bellofram discriminated against and wrongfully terminated the appellee, Lynda Young (hereinafter "Ms. Young"), on the basis of her age and gender in violation of the West Virginia Human Rights Act, W. Va.Code 5-11-1...
PER CURIAM: The appellants in these four consolidated cases, Randy Huffman, Cabinet Secretary of the West Virginia Department of Environmental Protection, Office of Oil and Gas (hereinafter referred to as "DEP Office of Oil and Gas"); the West Virginia Division of Natural Resources (hereinafter referred to as "DNR"); the Sierra Club, Inc. (hereinafter referred to as "Sierra Club"); and Cordie O. Hudkins, West Virginia Highlands Conservancy, Inc., and Friends of Blackwater (hereinafter...
PER CURIAM: Petitioners AT & T Mobility, LLC and AT & T Mobility Corporation (hereinafter collectively referred to as "AT & T Mobility") seek a writ of prohibition in connection with the December 1, 2009, order of the Circuit Court of Brooke County denying their motion to compel arbitration. AT & T Mobility asserts that the trial court misapplied this Court's decision in State ex rel. Dunlap v. Berger, 211 W.Va. 549 , 567 S.E.2d 265 (2002), as the basis for its refusal to refer the...
PER CURIAM: In this appeal, Appellant Donna McKneely seeks reversal of an order entered July 31, 2009, in the Circuit Court of Kanawha County, which affirmed a final decision of the West Virginia Consolidated Public Retirement Board ("Board"), denying her so-called "duty-related" partial disability retirement benefits under W.Va.Code 15-2-29 (2000)(Repl.Vol.2004). Instead, the Board awarded Appellant "non-duty" disability retirement benefits pursuant to W.Va.Code 15-2-30 (1994)(Repl. Vol....
PER CURIAM: Appellant Sandy Cook seeks a reversal of his conviction on sixteen counts of sex-related offenses. 1 As grounds for the reversal, Appellant asserts due process violations stemming from both pre- and post-accusatory delay; improper application of case law; cumulative error; and disproportionate sentencing. Upon our careful consideration of the assignments of error raised by Appellant, we do not find that the trial court committed error. Accordingly, we affirm. I. Factual and...
DAVIS, Chief Justice: The instant proceeding consists of two consolidated appeals, both of which present the same issue for this Court's resolution: is an injured worker entitled to receive temporary total disability workers' compensation benefits (hereinafter referred to as "TTD benefits") 1 while he/she also is receiving Social Security disability benefits 2 in connection with the same compensable injury In both of the claimants' claims, the Workers' Compensation Board of Review (...
DAVIS, Chief Justice: In this certified question action, this Court is asked to determine the application of the West Virginia borrowing statute, i.e., W. Va. Code 55-2A-2 (1959) (Repl.Vol.2008), 1 to a medical malpractice action where the initial act of negligence occurred in a foreign jurisdiction, but further injuries related to that negligence occurred in West Virginia. We find that the borrowing statute has no application to the unique facts presented in this action. I. FACTUAL AND...
PER CURIAM: This is an appeal by Nancy Jamison (hereinafter "Appellant") from an order of the Circuit Court of Kanawha County denying her employee grievance seeking reimbursement for travel expenses for the 2006-07 and 2007-08 school years. Upon thorough review of the arguments, briefs, statutes, policies, and applicable precedent, this Court reverses the decision of the Circuit Court of Kanawha County and remands for further proceedings consistent with this opinion. I. Factual and...
DAVIS, Chief Justice: This appeal was brought by Annie Mack-Evans, as personal representative of the estate of Mamie Mack, appellant/plaintiff below (hereinafter referred to as "Ms. Evans"), from an order of the Circuit Court of Fayette County granting summary judgment in favor of Oak Hill Hospital Corporation, appellee/defendant below (hereinafter "the Hospital"). The sole issue presented in this appeal is whether the circuit court was correct in finding that the statute of limitations had...
PER CURIAM: Mr. Willie Sharp (hereinafter "Mr. Sharp") appeals from an order of the Circuit Court of Cabell County sentencing him to not less than two nor more than thirty years imprisonment. A jury convicted Mr. Sharp of one count of delivery of a controlled substance. Here, Mr. Sharp contends that (1) the evidence was insufficient to convict him and (2) the trial court erred in denying his motion for mistrial due to the introduction of improper evidence. After a careful review of the briefs,...
PER CURIAM: This is an appeal by Clarence Coleman and Helen Adkins, plaintiffs below (hereinafter referred to as "the Plaintiffs"), from an order of the Circuit Court of Fayette County granting summary judgment in favor of the defendant below, R.M. Logging, Inc. (hereinafter referred to as "R.M. Logging"), in a workers' compensation deliberate intention action they filed after the work-related death of their son. In granting summary judgment in favor of the employer, R.M. Logging, the circuit...
BENJAMIN, Justice: These two consolidated matters are before the Court upon a certified question from the Circuit Court of Boone County. 1 The certified question is as follows: When two insurers issue separate automobile liability insurance policies upon different vehicles containing underinsured motorist coverages which provide coverage for the same loss, is policy language which provides that the limits of underinsured motorist coverage available from all policies shall not exceed the...
DAVIS, Chief Justice: This matter comes before this Court upon a request from the Circuit Court of Kanawha County to answer a certified question asking whether the West Virginia Human Rights Act, W. Va.Code 5-11-1, et seq., prohibits discrimination by a tortfeasor's insurer in the settlement of a property damage claim. We conclude that the Human Rights Act does prohibit such discrimination. I. FACTUAL AND PROCEDURAL HISTORY The facts underlying the instant action originated from the...
WORKMAN, Justice: This case is before the Court upon an Order of the Circuit Court of Greenbrier County, West Virginia, certifying questions concerning the upcoming retrial of the mercy phase of the Defendant's, 1 Billy Ray McLaughlin's, first degree murder case. After examining the briefs submitted, 2 hearing oral arguments and reviewing the relevant law, the Court has reformulated the questions with answers as explained in detail below. 3 I. Facts and Proceedings Below On April 4, 1995,...
PER CURIAM: The instant action is before this Court upon the appeal of William H. Callison, Jr., and his brother, Cecil G. Callison ["Appellants"], from a February 12, 2008, order of the Circuit Court of Greenbrier County denying their Motion for a Judgment as a Matter of Law and for a New Trial which followed an August 27, 2007, jury verdict rendered in favor of plaintiffs below, Ella Montgomery and Margaret Bowers ["Appellees"] finding that certain deeds of real property were not properly...
