WV Supreme Court of Appeals takes court to WVU - Beckley, Bluefield & Lewisburg News, Weather, Sports

WV Supreme Court of Appeals takes court to WVU

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  • Crews fight house fire in Fayette County for several hours Saturday

    Crews fight house fire in Fayette County for several hours Saturday

    Saturday, April 19 2014 11:24 PM EDT2014-04-20 03:24:33 GMT
    Crews fought a house fire in Fayette County Saturday evening for several hours. 911 Dispatchers said the call came in of a house fire on Paint Creek Road near Pax around 6:30 p.m. Pax Fire Department and Bradley-Prosperity Fire Department responded along with several other crews. We're told no one was inside the home when the fire happened.
    Crews fought a house fire in Fayette County Saturday evening for several hours. 911 Dispatchers said the call came in of a house fire on Paint Creek Road near Pax around 6:30 p.m. Pax Fire Department and Bradley-Prosperity Fire Department responded along with several other crews. We're told no one was inside the home when the fire happened.
  • Woman and husband charged for unintentional killing of son

    Woman and husband charged for unintentional killing of son

    Woman and husband charged for unintentional killing of son

    Saturday, April 19 2014 10:38 PM EDT2014-04-20 02:38:36 GMT
    A Shinnston woman and her husband have been charged with what authorities are calling the unintentional suffocation of her 3-month-old son.
    A Shinnston woman and her husband have been charged with what authorities are calling the unintentional suffocation of her 3-month-old son.
  • One man shot early Saturday morning in Beckley

    One man shot early Saturday morning in Beckley

    One man shot early Saturday morning in Beckley

    Saturday, April 19 2014 9:22 PM EDT2014-04-20 01:22:04 GMT
         One man is in custody Saturday after a bar shooting in Raleigh County.
         One man is in custody Saturday after a bar shooting in Raleigh County.

The Supreme Court of Appeals of West Virginia will hear four cases on a Rule 20 Argument Docket and judge the annual George C. Baker Cup moot court competition on Tuesday, March 4, at the West Virginia University College of Law in Morgantown.

The justices will hear arguments from 10 a.m. to noon in the Marlyn E. Lugar Courtroom at the College of Law. Justices will judge the moot court competition beginning at 1:30 p.m. at the same location. Both events are open to the public.

Chief Justice Robin Jean Davis, Justice Margaret Workman and Justice Menis Ketchum all are graduates of the WV College of Law. Justice Brent D. Benjamin has undergraduate and law degrees from The Ohio State University. Justice Allen H. Loughry II has law degrees from both The American University, two degrees from Washington College of Law, the University of London, Capital University School of Law and he studied law at the University of Oxford.

The Court will hear the following cases:

  • Liberty Mutual Insurance Company and Greg Chandler's Frame & Body, LLC v. Patrick Morrisey, Attorney General, No. 13-0195

Petitioners appeal the circuit court's final order granting summary judgment for respondent and granting respondent's motion to dismiss petitioners' counterclaim for declaratory judgment. The order permanently enjoined Petitioner Liberty Mutual from requiring the use of salvaged crash parts when negotiating repairs for motor vehicles in the year of their manufacture or in the two succeeding years without written consent of the vehicle owner. The order also permanently enjoined Petitioner Greg Chandler's Frame and Body, LLC, from preparing estimates for the repair of new vehicles using salvaged crash parts unless it provides disclosures and obtains written consent.

  • Dean Lowe and Martha Lowe v. Joseph C. Richards and Joyce Richards, No. 13- 0234

This case involves a boundary-line dispute between the petitioner — Lowes, as counter plaintiffs and third-party plaintiffs, and the respondent — Richards, as third-party defendants. This case arose as a right of way dispute between Petitioner-Lowes and Respondent Hugh E. Hegyi, Trustee of the Herman Hegyi Trust but devolved into a boundary line dispute between Petitioner-Lowes and Respondent-Richards. The unique issue in this case is that the disputed boundary of the subject properties is the state boundary line between Virginia and West Virginia. The Lowes appeal the order of the Circuit Court of Berkeley County, entered Feb. 15, that dismissed their third-party complaint against the Richards on justiciability, subject matter jurisdiction, and joiner grounds.

  • John N. Kenney v. Samuel C. Liston, No. 13-0427

Defendant appeals the judgment order entered after the jury awarded plaintiff compensatory and punitive damages for defendant's negligence. Defendant asserts that the circuit court committed multiple errors including, inter alia, permitting the jury to award duplicative damages; allowing the jury to hear about a potential Shamblin recovery; improperly commenting upon the evidence; and applying the collateral source rule to allow plaintiff to recover damages for portions of bills that his medical providers waived.

  • Ron King, Fire Marshal/Code Official; David Casebolt, Mayor; and the City of Nitro v. Richard Nease and Lorinda Nease, No. 13-0603

The City of Nitro and its officials appeal the circuit court's summary judgment order wherein the court concluded that the West Virginia Freedom of Information Act does not authorize a public entity to charge a "search fee" for its employees' time spent searching for and retrieving documents requested pursuant to the Act.

Documents in the cases can be accessed through links on the West Virginia Judiciary website at http://www.courtswv.gov/supreme-court/calendar/2014/dockets/march-4-14ad.html