State Ex Rel Nationwide Property & Casualty Insurance, et al. v. Hon. Tod J. Kaufman, Judge; and Caleb Banks
Case Number: 19-0955
Petitioners seek a writ of prohibition prohibiting the enforcement of the Circuit Court of Kanawha County’s orders granting Respondent Banks’s motions for the issuance of an adverse inference jury instruction and partial summary judgment in favor of Respondent Banks. In the underlying action, Respondent Banks filed a lawsuit against Petitioners...
WV Regional Jail and Correctional Facility Authority, et al. v. Ronald Grove, Jr., Administrator
Case Number: 18-1083
Petitioners appeal the Circuit Court of Berkeley County’s order denying their motion to dismiss Respondent’s amended complaint for failure to state a claim upon which relief can be granted. In the underlying matter, Respondent, administrator of the estate of Cody Lawrence Grove, filed a wrongful death action alleging multiple grounds...
WV Regional Jail and Correctional Facility Authority, et al. v. Ronald Grove, Jr., Administrator
Case Number: 18-1076
Petitioners appeal the Circuit Court of Berkeley County’s order denying their motion to dismiss Respondent’s amended complaint for failure to state a claim upon which relief can be granted. In the underlying matter, Respondent, administrator of the estate of Cody Lawrence Grove, filed a wrongful death action alleging multiple grounds...
Stonerise Healthcare, LLC and Keyser Center, LLC v. Susan K. Oats
Case Number: 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...
Monongahela Power Company v. Michael and Vickie Buzminsky
Case Number: 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...
Marissa Shaffer and Timothy Shaffer v. William Bragg, M.D., et al.,
Case Number: 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...
State Ex Rel Surnaik Holdings of WV v. Hon. Thomas A. Bedell, Judge; and Paul Snider, et al
Case Number: 19-1006
Petitioner seeks a writ of prohibition prohibiting the enforcement of the Circuit Court of Wood County's Order granting class certification in the underlying matter alleging claims for negligence; willful, reckless, and wanton indifference motivated by financial gain; nuisance; and trespass following a warehouse fire. Continued
West Virginia Counties Group Self-Insurance Risk Pool v. Great Cacapon Volunteer Fire Department
Case Number: 19-0103
Petitioner appeals the Circuit Court of Morgan County’s order granting the Respondent’s motion to dismiss the underlying action in which Petitioner sought to recover funds expended to cover loss of real property as a result of a fire. Continued
Petitioner, a patron of a McDonald’s restaurant, initiated the underlying action in which he alleged libel, slander, outrage, and intentional infliction of emotional distress following an altercation with an employee of the restaurant. Petitioner appeals the circuit court’s order granting Respondents’ motion for summary judgment and dismissing the underlying action.
WV Division of Highways and Terra Goins v. Michael Powell
Case Number: 18-0929 & 18-0932
Petitioners appeal the circuit court’s reversal of the decision of the West Virginia Public Employees Grievance Board dismissing Respondent’s grievance as untimely filed. In reversing the West Virginia Public Employees Grievance Board’s decision, the circuit court awarded Respondent the position of highway engineer. Justice Workman disqualified. Judge Nines sitting by...
