Motion Docket
Wednesday, Oct. 28

1. Michelle Isaacs v. Daniel P. Bonner - 090960 - Plaintiffs appeal an adverse decision of the circuit court following a bench trial in this action for statutory liquidated damages and attorney's fees under the Wage Payment and Collection Act. Plaintiff seeks a reversal, an order directing defendant to pay liquidated damages, a remand for a determination of attorney's fees, a reversal of the decision finding plaintiff liable to defendant for fraud, a reversal of the award of punitive damages and attorney's fees in favor of defendant, and a remand for further consideration.

2. Fred and Sharon Johnson v. Board of Stewards of Charles Town Races - 090844 - Fred and Sharon Johnson appeal the circuit court's order which affirmed the W.Va. Racing Commission's order which affirmed the order of the Board of Stewards of Charles Town Races. The Johnsons' horse won the 2007 Breeder's Classic, but the Board of Stewards disqualified the horse and ordered the redistribution of the purse because the horse tested positive for the presence of caffeine in its system.

3. Anissa White v. AAMG Construction Lending Center, et al. - 091113 - Plaintiff appeals from the circuit court's order awarding summary judgment in favor of defendant Bank. Plaintiff alleges the Bank was negligent and/or reckless by failing to properly monitor the building progress of plaintiff's new home; by forwarding notices of draw payments to the wrong address; and by breaching the terms of a construction loan agreement. Plaintiff seeks a reversal of the circuit court's order and a remand for a jury trial.

4. Donald Klaiber v. Tracy Davenport, Budget Truck Rental, LLC and Movin' On, LLC - 091124 - Defendants below, Budget Truck Rental, LLC and Movin' On LLC, appeal after an adverse jury verdict and the circuit court's denial of their motions. They argue, inter alia, that claims against them were barred by the statute of limitations, that the court should have ruled as a matter of law that they owed no duty to plaintiff, and that the evidence did not support a negligence verdict.

5. State of WV v. Timothy C. O'Dell - 091127 - Timothy O'Dell appeals his convictions for First Degree Murder with a recommendation of mercy and Conspiracy to Commit Murder. He argues, inter alia, that his statement to police should have been suppressed, that the jury was improperly instructed, evidentiary error, failure to disclose exculpatory evidence, insufficient evidence to support First Degree Murder, and cumulative error.

6. State of WV v. Carl Lindsay Fountain - 091142 - Petitioner Carl Lindsey Fountain appeals his conviction for Possession of a Stolen Vehicle. The Kanawha County Circuit Court refused petitioner's post-trial motions, and he was sentenced to the penitentiary for an indeterminate term of one to five years.

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