WEST VIRGINIA RECORD

Argument Docket
Oct. 28

1. Matthew Brian Yoak, M.D. v. Marshall Univ. Bd. of Governors, et al. - 33863 - In an employment case, plaintiff appeals the circuit court's order granting with prejudice defendants' motion to dismiss pursuant to Rules 12(b)(1) and (6). He asserts the circuit court erroneously afforded immunity to defendants, erroneously found that defendants acted in anticipation of breach of contract, erroneously found that plaintiff failed to exhaust his administrative remedies, and erroneously dismissed claims for misappropriation of identity and negligence in advertising.

2. SER River Riders, Inc., et al. v. Hon. Thomas W. Steptoe, Judge, et al. - 34206 - This case arose out of an incident which occurred during a commercial white water rafting trip on the Shenandoah River. Petitioner seek a writ of prohibition challenging enforcement of three of the circuit court's orders by ruling: the maritime law applies; and the assumption of risk in white water rafting cases is not a defense; and consolidating cases with different theories of recovery, different measures of damages, and the preparation for separate trials.

3. Lea Anne Hawkins v. Anthony J. Julian, Judge, Municipal Court of Fairmont - 33905 - Petitioner Lea Anne Hawkins appeals the circuit court's order denying her petition for injunction, temporary restraining order, and prohibition. She argues that the Municipal Court of Fairmont should be enjoined and prohibited from proceeding against her in a case concerning an amnesty agreement for the payment of unpaid parking tickets. She argues inter alia that any breach of the amnesty agreement would be civil, there is no criminal violation or pending criminal charge in this case, and the municipal court only has criminal jurisdiction.

Gretchen Mezzanotte v. Anthony J. Julian, Judge, Municipal Court of Fairmont - 33906 - Petitioner Gretchen Mezzanotte appeals the circuit court's order denying her petition for injunction, temporary restraining order, and prohibition. She argues that the Municipal Court of Fairmont should be enjoined and prohibited from proceeding against her in a case concerning an amnesty agreement for the payment of unpaid parking tickets. She argues inter alia that any breach of the amnesty agreement would be civil, there is no criminal violation or pending criminal charge in this case, and the municipal court only has criminal jurisdiction.

4. William T. Smoot, II v. American Electric Power, et al. - 33806 - Plaintiff appeals from the circuit court's order granting summary judgment in favor of defendants in this personal injury action brought against defendants alleging negligence. - This case will be called at 2 pm. Justice Benjamin disqualified. Judge Bloom sitting by temporary assignment.

5. SER Joseph Cicchirillo, Comm'r., DMV v. Hon. J.D. Beane, Judge - 34336 - Petitioner seeks a writ of prohibition prohibiting the circuit court from having jurisdiction in this case. Plaintiff's driver's license was suspended by the Division of Motor Vehicles after notification from Ohio that Plaintiff had been in an automobile accident as a result of a seizure. The circuit court stayed Plaintiff's driving privileges pending further review effectively restoring Plaintiff's driving privileges. - Dismissed.

6. SER WV National Auto Ins. Co. v. Hon. Thomas A. Bedell, Judge - 34337 - Petitioner seeks a writ of prohibition challenging a circuit court order granting a Florida lawyer's Motion to Dismiss a civil complaint against him on the ground that the court did not have personal jurisdiction.

7. SER Craigo Real Estate Corp. v. Hon. N. Edward Eagloski, Judge - 34338 - Petitioner seeks a writ of mandamus to compel the Respondent to act on a Motion for Disqualification according to Rule 17.01(b). The case involves condemnation of a portion of real property owned by the Petitioner for use by the WV Div. of Hwys. Through mediation all matters between the parties were settled. However, Respondent appeared bias against Petitioner, and has not issued an order causing rise to the action.