Sophia Savage sued Three Rivers Medical Center and others on a medical negligence (medical malpractice) theory claiming that hospital employees acted below the standard of care when they failed to property account for the sponge what was left in her abdomen during an operation performed in December of 2001. ... More...   $861178 (06-22-2008 - WV)

Misty Blessing appeals from the September 13, 2006, order of the Circuit Court of Kanawha County granting summary judgment to Appellee West Virginia Department of Transportation (the "Department") in connection with a wrongful death action Appellant filed against the Department and its employee, Appellee Byron Smith. In granting summary judgment to the Department and Mr. Smith, the trial court rul... More...   $0 (04-25-2008 - WV)

This case is before this Court upon appeal of a final order of the Circuit Court of Jefferson County entered on September 18, 2006. In that order, the circuit court affirmed a decision of the appellee and respondent below, the Jefferson County Board of Zoning Appeals (hereinafter "BZA"), (See footnote 1) which denied the request of the appellant and petitioner below, Far Away Farm, LLC (hereinafte... More...   $0 (04-17-2008 - WV)

The Parents of Stefanie McKinney, age 14, sued Jimmie Souder and John Anderson on a negligence theories claiming that they failed to exercise due care in the operation of their trucks and as a result Souders' 1994 GMC truck hit Anderson's truck and as a direct result Anderson's truck ran off the road and hit Stefanie McKinney. Stefanie was standing on the side of the road and her leg was pinned to... More...   $1250000 (03-29-2008 - WV)

Keith West, age 35, sued the West Virginia State Division of Highways on a governmental tort claim negligence theory claiming that the car in which he was a passenger veered off a snow-covered highway in Morgantown and fell 75 feet over an embankment because the guardrail that was supposed to be in place at that location had not be replaced. ... More...   $8000000 (03-29-2008 - WV)

Robert and Carolyn Hurdle sued Dan Ryan Builders negligence and breach of contract theories for maliciously, willfully and intentionally trucking in thousands of tons of dirt that caused continued flooding of the basement. Plaintiffs claimed that Defendant failed to disclose flooding issues on the property when the couple purchased the home and then attempted to hide what it had done to the prope... More...   $514000 (03-22-2008 - WV)

The defenses asserted by the ... More...   $1400000 (03-07-2008 - WV)

Charter claimed that there was a rational basis for its classifications or categorizations of its c... More...   $4097309 (03-03-2008 - WV)

Breach of Contract... More...   $404335138 (01-27-2007 - WV)

This appeal involves a dispute between two insurance companies, with each company claiming that the insurance provided by its policy was "excess" to the other insurance and that its coverage therefore was not triggered until the limits of the other company's policy were exhausted. The district court granted summary judgment in favor of Horace Mann Insurance Company, concluding that its p... More...   $0 (01-24-2008 - WV)

I concur in the majority opinion's determination that the doctrine of judicial estoppel precluded the Appellants from changing their theory of liability after the jury returned its verdict. I have chosen to write separately to discuss the issue of whether or not the cause of action filed against WVUH could have been brought outside the MPLA, (See footnote 1) and to respond to the flawed arg... More...   $0 (01-14-2008 - WV)

The Charleston Urban Renewal Authority sued Barbara Selman on an eminent domain theory seeking to acquire by condemnation certain rights, title and interests in a 12,182-square-fott parking lot owned by her across the street from the Clay Center to be used by the Charleston Area Alliance to create a park called "Gateway Greenspace" at the northeast corner of Washington & Leon Sullivan Way. Sul... More...   $520000 (12-13-2007 - WV)

The defenses, if a... More...   $8300000 (12-03-2007 - WV)

Grady Colin Kelley, II, and Frieda Carol Kelley (hereinafter "Appellants" or "Mr. Kelley and Mrs. Kelley") appeal from orders of the Circuit Court of Mingo County granting summary judgment to Appellees City of Williamson and Williamson police officer Michael Barnes. The Appellants allege that the trial court erred in granting summary judgment where genuine issues of material fact exist for ju... More...   $0 (11-24-2007 - WV)

Appellants Allison J. Riggs and Jack E. Riggs, M.D. argue herein that the Circuit Court of Monongalia County erred by reducing a jury verdict awarding non- economic damages in the amount of $10,000,000 to $1,000,000 pursuant to the provisions of W. Va. Code § 55-7B-8 (1986). (See footnote 1) According to Appellants, the non-economic damages cap contained in Section 8 of the Medical Profess... More...   $0 (11-24-2007 - WV)

This case is before this Court upon appeal of a final order of the Circuit Court of Wayne County entered on September 19, 2006. In that order, judgment was entered in favor of the appellee, Rick Maynard, pursuant to a jury verdict, in the amount of $64,029.00 plus statutory attorney fees and interest, on his counterclaim for breach of contract against the appellants, T & R Trucking, Inc., and... More...   $0 (11-24-2007 - WV)

The Appellants herein and defendants below, A.T. Massey Coal Company, Inc., and various of its subsidiaries, appeal from a March 15, 2005, order entered in the Circuit Court of Boone County, which denied their post-judgment motions for judgment as a matter of law, a new trial, or remittitur, in response to the entry of a judgment of more than $50 million in favor of the appellees herein, and ... More...   $0 (11-24-2007 - WV)

... More...   $8300000 (11-21-2007 - WV)

The Appellants, plaintiffs in the action below, who received medical treatment involving the implantation of contaminated sutures as patients at two hospitals named as defendants below, appeal the dismissal of their action against the defendant hospitals for failure to provide pre-suit notices and certificates of merit as required by the Medical Professional Liability Act. See W. Va. Code § 55-... More...   $0 (10-12-2007 - WV)

We are asked in this case to decide the relationship between the Lanham Act, 15 U.S.C. §§ 1051 et seq. (2000), and Section 206 of the subsequently enacted Science, State, Justice, Commerce, and Related Agencies Appropriations Act of 2006 ("§ 206"), which prohibits the use of federal funds to "register, issue, transfer, or enforce any trademark of the phrase ‘The Last Best Place.'" The dist... More...   $0 (10-24-2007 - WV)

The def... More...   $250000000 (10-19-2007 - WV)

Defendants claimed that Meadows negligently caused or contributed to the occurrence of the accident and the injurie... More...   $2000000 (10-04-2007 - WV)

The Kanawha County School Board sued Beldon and Clara Huston on an eminent domain theory to acquire their home by condemnation to use for expansion of Sissonville school. The Hustons were initially awarded $305,000 but sought nearly a million in compensatory damages for the 48 acre parcel acquired by the School.... More...   $507350 (09-20-2007 - WV)

Marlin Collins, individually and on behalf of the Estate of Donna Collins sued Taylor-Vinson Trust and Getty Engineering Company on a negligence theory for the wrongful death of his wife Donna, age 34, who was killed on August 31, 2004 when a tree to toppled off a hillside on W.Va. 10 and onto her 1993 Ford Taurus. The highway is one of the most heavily traveled areas of Logan County. The 70-... More...   $1000000 (08-30-2007 - WV)

This action is before this Court upon the appeal of Grace Lontz and Beverly Pettit from the May 11, 2006, order of the Circuit Court of Ohio County, West Virginia, dismissing their action for wrongful discharge filed against their employer, Monical, LLC, d/b/a Holiday Inn Express. (See footnote 1) The Circuit Court concluded that the action should be dismissed because it is preempted from St... More...   $0 (06-13-2007 - WV)

John Doe sued Wal-Mart Stores, Inc. on an age discrimination theory.... More...   $1 (08-16-2007 - WV)

Patient sued Putnam General Hospital on a medical negligence theory claiming that the hospital acted wantonly and was grossly negligent in granting surgical privileges to Dr. John A. King. ... More...   $1 (08-03-2007 - WV)

Mary Tyler sued Speedway SuperAmerica LLC and two of its employees on hostile workplace sexual harassment theory claiming that she was repeatedly groped by a co-worker and that the company's failure to take action on her complaints created a hostile work environment. Shortly after making the complaint, the plaintiff's cash register came up over $200 short in one shift. Shortly thereafter she w... More...   $0 (07-27-2007 - WV)

This case is an appeal by the defendant below, West Virginia Physicians' Mutual Insurance Company (hereinafter referred to as "Mutual"), of the April 27, 2006, final order (See footnote 1) of the Circuit Court of Ohio County in a suit involving the reinstatement of medical malpractice insurance coverage for plaintiff below, Robert J. Zaleski, M.D. (hereinafter referred to as "Dr. Zaleski"). ... More...   $0 (07-03-2007 - WV)

Wheeling-Pittsburgh Steel Corp. sued Massey Energy and Central West Virginia Energy Co. for fraud and breach of contract relating to a coal supply contract. At issue is an agreement between Massey subsidiary Central West Virginia Energy Co. and Wheeling-Pitt for 40,000 tons a month of coal to feed the coke ovens at Follansbee. Wheeling-Pitt was forced to buy coal on the spot market to make up f... More...   $119850000 (07-03-2007 - WV)

... More...   $43000 (06-23-2007 - WV)

Defendant denied Plaintiffs' allegations. ... More...   $5300000 (04-25-2007 - WV)

This is an appeal by Eric Jason Brooks (hereinafter "Appellant") from a jury verdict in the Circuit Court of Greenbrier County in favor of Galen of West Virginia, d/b/a Greenbrier Valley Medical Center (hereinafter "GVMC" or "Appellee"). The Appellant contends that the lower court erred by taking judicial notice of a Social Security disability hearing which found the Appellant disabled due to a... More...   $0 (04-20-2007 - WV)

This case is before us on certified questions and presents the issue of whether, upon the destruction of the real property included in a life estate, a remainderman is entitled to the proceeds from a fire insurance policy that the life tenant applied for and purchased. Upon our careful consideration of this issue, we determine that under well-established principles of contract law a remainderma... More...   $0 (04-20-2007 - WV)

Diana Savilla, Individually and as Administrator of the Estate of Linda Kannaird sued City of Charleston, West Virginia and Speedway on negligence theories for the wrongful death of Mrs. Kannaird who drowned when a rescue boat capsized. Mrs. Kannaird was an employee of a Speedway station that flooded in 2000. The City sent a rescue team to removed her and others from the flooded station but i... More...   $190000 (04-20-2007 - WV)

Larry Elmore, individually and on behalf of the Estate of Dorothy Elmore, deceased, sued John Johnson, D.O., Greenbrier Valley Medical Center and BJSM Med, Inc. on a medical negligence (medical malpractice) theory claiming that the defendants' care and treatment of his wife was below the standard of care and that as a direct result Mrs. Elmore died of septic shock three days after being dismiss... More...   $0 (03-30-2007 - WV)

George M. Peters sued Rivers Edge Mining Inc., a subsidiary of Peabody Coal Company for wrongful termination claiming that Defendant retaliated against him for filing a workers companation claim after he broke arm while working in the mine in October 2003. He kept working until March 2004 when his treating physician ordered him to stop working because his arm was not healing property. When he t... More...   $1900000 (03-28-2007 - WV)

Mark and Tracy Hunt sued University Hospitals Inc., WVU's Board of Trustees. Dr. Robert Gustafson on a medical malpractice wrongful death theory claiming that the 10-month-old son Andrew died in 1999 after heart surgery as a direct result of below the standards of care treatment by defendants.... More...   $370000 (11-22-2006 - WV)

This case is before this Court upon appeal of a final order of the Circuit Court of Hampshire County entered November 19, 2004. (See footnote 1) In that order, the circuit court affirmed the Hampshire County Commission's refusal to remove the appellee and respondent below, Pamela K. Kimble, as the executrix of the estate of the testator, Ralph W. Haines. The appellant and petitioner below, ... More...   $0 (03-17-2006 - WV)

Allison Riggs sued Ruby Memorial Hospital on a medical negligence theory (medical malpractice) for the injuries and damages she sustained after contracting an infection during a knee operation when she was 14-years-old. She claimed that the hospital negligently failed to inform the medical staff that it was experiencing an epidemic near the time that she became infected. Riggs de... More...   $10084989 (09-09-2006 - WV)