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WV Supreme Court of Appeals takes court to WVU

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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