Rory Perry: Topics-CivilInformation about recent WV Supreme Court cases and opinions involving civil matters.ATTORNEYS, PROPERTY :: Former representation conflict- February 1, 2008 STATE EX REL. JEFFERSON COUNTY BOARD OF ZONING APPEALS v. WILKES, et al., No. 33500 (STARCHER, J.)(November 20, 2007). Granting a writ of prohibition to prevent enforcement of an order of the Circuit Court of Jefferson County that denied a motion to disqualify counsel. Holding that the circuit court improperly determined that each step or stage of a conditional use permit application was a separate and not substantially related matter pursuant to Rule 1.11(a) of the Rules of Professional...http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1338 CONTRACTS, CONSTRUCTION, PUBLIC FINANCE :: Scope of subcontractor for claims on bond- February 1, 2008 PREUSSAG INTERNATIONAL STEEL CORP. v. MARCH-WESTIN CO., et al., No. 33286 (STARCHER, J.)(Albright, J., concurring)(November 9, 2007). Answering a certified question from the United States District Court for the Northern District of West Virginia in a dispute over a claim against the surety bond obtained in accordance with W. Va. Code 38-2-39, relating to the construction of a new Student Recreation Center at Fairmont State College. A raw steel supplier to a custom steel fabricator sought to...http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1337 CONTRACTS, TORTS :: Breach of contract to purchase coal truck- February 1, 2008 T & R TRUCKING, INC. v. MAYNARD; FARLEY, Appellant, No. 33346 (Per Curiam)(November 21, 2007). Granting mixed relief from an order of the Circuit Court of Wayne County entered following a jury verdict favorable to the appellee on a counterclaim in a breach of contract action. Holding that the circuit court properly excluded evidence regarding the fact that appellee did not have a driver's license or coal truck driver certification at the time the contract was executed. Further holding that...http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1336 CONTRACTS, TORTS, PROCEDURE :: Construing a forum selection clause, res judicata- February 1, 2008 CAPERTON, et al. v. A.T. MASSEY COAL CO., et al., No. 33350 (DAVIS, C.J.)(Starcher, J., dissenting)(Albright, J., dissenting)(Benjamin, J., concurring)(November 21, 2007). Reversing a jury verdict obtained following a lengthy trial in the Circuit Court of Boone County. Holding that the circuit court erred in failing to grant a motion to dismiss based upon the existence of a forum selection clause in a contract directly related to the dispute at issue. Setting forth extensive guidance for...http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1335 EDUCATION, PROFESSIONAL DISCIPLINE :: Teaching certificate reinstated- February 1, 2008 POWELL v. PAINE, State Superintendent, No. 33325 (Per Curiam)(Starcher, J., concurring)(Benjamin, J., concurring)(November 21, 2007). Reversing an order of the Circuit Court of Kanawha County that affirmed a decision by the State Board of Education that imposed a four-year suspension on a high school teacher who had been disciplined but not dismissed by the county school board. Teacher was subject to DHHR proceedings and pled guilty to domestic battery after beating his nine-year old son with..http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1319 EMPLOYMENT, INSURANCE, WORKERS' COMPENSATION :: No action against third-party administrator- February 1, 2008 WETZEL v. EMPLOYERS SERVICE CORP. OF AMERICA, No. 33337 (Per Curiam)(Starcher, J., concurring in part and dissenting in part)(Albright, J., dissenting)(Maynard, J., concurring)(November 8, 2007). Affirming an order of the Circuit Court of Marshall County that granted summary judgment in favor of defendant below, ESC, a third-party administrator for a workers' compensation program. Holding that ESC, as an agent of the employer, is immune from common law actions pursuant to statutory immunity. ..http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1318 EMPLOYMENT, HIGHER EDUCATION :: No bumping rights; no favoritism- February 1, 2008 FRYMIER v. GLENVILLE STATE COLLEGE, Nos. 32163 and 33296 (Per Curiam)(Starcher, J., dissenting)(Maynard, J., concurring)(Albright, J., dissenting)(October 12, 2007). Affirming orders of the Circuit Court of Gilmer County in a grievance appeal. Holding that the circuit court correctly determined that Ms. Frymier was not entitled to bumping rights under West Virginia Code 18B-7-1 and further that Glenville State College did not make its job retention decision based on favoritism. Holding that..http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1317 EMPLOYMENT DISCRIMINATION :: Discrimination finding reversed- February 1, 2008 COLGAN AIR, INC. v. WEST VIRGINIA HUMAN RIGHTS COMMISSION and RAO ZAHID KHAN, No. 33355 (Per Curiam)(Starcher, J., concurring in part and dissenting in part)(Maynard, J., concurring)(Albright, J., concurring in part and dissenting in part)(October 25, 2007). Reversing an order of the Human Rights Commission finding liability for harassment and discrimination, after an administrative law judge found no discrimination. Holding that the HRC erred by imposing liability upon Colgan, where the...http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1316 HEALTH CARE :: Incest conviction precludes operating legally unlicensed health care home- February 1, 2008 PLUMLEY v. WEST VIRGINIA DEPT. of HEALTH and HUMAN RESOURCESOFFICE of HEALTH FACILITY LICENSURE and CERTIFICATION, No. 33287 (BENJAMIN, J.)(Starcher, J., dissenting)(Maynard, J., concurring)(Albright, J., dissenting)(October 12, 2007). Reversing an order of the Circuit Court of Cabell County that reversed an administrative order requiring closure of a "legally unlicensed health care home" as defined in West Virginia Code of State Rules 64-50-2.6. Holding that a conviction for felony incest, as.http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1307 INSURANCE :: Tractor on loading approach, vehicle in use- February 1, 2008 KEEFER v. FERRELL; FARM FAMILY CASUALTY CO., Appellant, No. 33310 (Per Curiam)(Starcher, J., concurring)(Benjamin, J., dissenting)(November 8, 2007). Affirming an order of the Circuit Court of Mason County that found insurance coverage to exist under an automobile policy that covered a truck being approached by a tractor for loading onto a trailer attached to the truck. Holding that the factual circumstances establish "use" of the vehicle for purpose of coverage.http://www.state.wv.us/wvsca/Clerk/Topics/Civil/2008/02/01.html#a1306 |