Rory Perry: Topics-CivilInformation about recent WV Supreme Court cases and opinions involving civil matters.INSURANCE, WORKERS' COMPENSATION :: Exclusion in custom-designed state policy- February 1, 2008 REED v. ORME, No. 33291 (Per Curiam)(Starcher, J., dissenting)(Albright, J., dissenting)(November 8, 2007). Affirming an order of the Circuit Court of Logan County that determined that no insurance coverage existed under a Board of Education policy to cover injuries sustained by a bus driver in an accident, where the bus driver collected workers' compensation benefits. Holding that the circuit court properly determined that this was a custom-designed policy such that the workers' compensation.http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1305 INSURANCE, WRONGFUL DEATH :: No UIM coverage for personal representative of uninsured decedent- February 1, 2008 STRUM, et al. v. SWANSON, No. 33285 (ALBRIGHT, J.)(October 26, 2007). Reversing an order of the Circuit Court of Tyler County that granted summary judgment to the plaintiffs in an underinsured motorist claim. Construing statutory language and adopting the majority view in the nation by holding that: "The West Virginia wrongful death statute, West Virginia Code 55-7-5 (1931) (Repl. Vol. 2000), does not support a cause of action seeking benefits through a claimant's personal UIM insurance...http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1304 LOCAL GOVERNMENT, JAILS, PROCEDURE :: Regional jail fees- February 1, 2008 STATE EX REL. REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY v. COUNTY COMMISSION OF CABELL COUNTY, et al., No. 33347 (ALBRIGHT, J.)(Starcher, J., concurring)(November 21, 2007)(Rehearing denied, January 10, 2008). Granting a moulded writ of mandamus in a dispute over payments by a county commission to the regional jail authority to cover the daily cost of housing county inmates. Addressing the Court's authority to issue moulded writ relief in cases having statewide impact and affecting...http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1303 MOTOR VEHICLES, CRIMINAL :: Post-Stump pleas of nolo contendere- February 1, 2008 STATE EX REL. BAKER v. BOLYARD, Dir. Div. Motor Vehicles, No. 33303 (BENJAMIN, J.)(Starcher, J., dissenting)(Maynard, J., concurring)(October 30, 2007). Affirming an order of the Circuit Court of Greenbrier County that affirmed an administrative decision imposing a six-month driver's license revocation on December 9, 2005, upon receipt of a notification for magistrate court that the defendant entered a nolo contendere plea to first offense DUI. The fact that the plea took place between the...http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1302 MUNICIPALITIES, COUNTIES, PROPERTY :: Entry of annexation orders- February 1, 2008 STATE EX REL. CITY OF CHARLES TOWN v. COUNTY COMMISSION OF JEFFERSON COUNTY, et al., Nos. 33454, 33455, 33456 and 33457 (Per Curiam)(Starcher, J., concurring in part and dissenting in part)(Albright, J., concurring)(Benjamin, J., concurring)(October 26, 2007). Granting petition for writ of mandamus to compel the county commission to approve an annexation order presented by a municipality pursuant to W. Va. Code 8-6-4. Holding that the language of the statute clearly and unambiguously requires.http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1301 PROFESSIONAL DISCIPLINE :: Reciprocal discipline imposed- February 1, 2008 LAWYER DISCIPLINARY BOARD v. CANDACE K. CALHOUN, No. 33067 (Per Curiam). Imposing indefinite suspension of license to practice law pursuant to the reciprocal discipline provisions of Rule 3.20 of the Rules of Lawyer Disciplinary Procedure, after a final order was entered suspending Candace Calhoun from the practice of law in that state. Holding that none of the Rule 3.20(e) exceptions exist that would prevent imposing the same discipline as the foreign jurisdiction.http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1300 PROPERTY :: Partition by sale- February 1, 2008 MORTON v. UNKNOWN HEIRS OF VAN CAMP, et al., LINDA KESSLER ARCHER, Appellant, No. 33341 (Per Curiam)(Starcher, J., dissenting)(Albright, J., dissenting)(Benjamin, J., concurring). Affirming an order of the Circuit Court of Kanawha County that directed the sale of property wherein the appellant owns an undivided one-seventh interest. Holding that the circuit court was correct because the property cannot be conveniently partitioned in kind, the interests of the majority of the property owners...http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1299 PROPERTY, CONTRACTS :: No damages for timber removal during option to purchase land- February 1, 2008 AMERICAN CANADIAN EXPEDITIONS, LTD. V. THE GAULEY RIVER CORPORATION, et al., No. 33246 (ALBRIGHT, J.)(November 21, 2007). Affirming an order of the Circuit Court of Fayette County that granted summary judgment to landowners, after determining that the appellant did not have an equitable or legal right to seek damages for timber removed from property during the time appellant held an option to purchase the land. "During the option period of a real estate option contract, the optionee has no...http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1298 PROPERTY, LOCAL GOVERNMENT :: Flood control allegations prematurely dismissed- February 1, 2008 CANTLEY, et al. v. LINCOLN COUNTY COMMISSION, No. 33345 (Per Curiam)(November 8, 2007). Reversing an order of the Circuit Court of Lincoln County that granted a 12(b)(6) motion to dismiss the Lincoln County Commission in an action seeking recovery for flood damages incurred because of the commission's alleged failure to take flood control measures on the Mud River. Holding that dismissal was inappropriate given the allegations of the complaint, which, in this context, must be taken as true,...http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1297 PROPERTY, MUNICIPALITIES :: Ambiguous right-of-way, easement by equitable estoppel- February 1, 2008 FOLIO v. CITY OF CLARSKBURG -AND- GRANDEOTTO, INC. v. CITY OF CLARKSBURG, Nos. 33295 and 33302 (Per Curiam)(Benjamin, J., dissenting)(November 9, 2007). Reversing orders of the Circuit Court of Harrison County involving a dispute over the sale of property to the City of Clarksburg and right-of-way interests, where the circuit court granted summary judgment in favor of the City. Holding that the circuit court properly determined that agreements were ambiguous and inadequate to convey certain...http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1296 |