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Court of Claims STATE OF WEST VIRGINIA REPORT OF THE COURT OF CLAIMS For the Period from July 1, 2003 to June 30, 2005 by CHERYLE M. HALL CLERK Volume XXV (Published by authority W.Va. Code § 14-2-25) ------------------------ Š ------------------------ THIS PAGE INTENTIONALLY BLANK ------------------------ Š ------------------------ W.Va.] CONTENTS III TABLE OF CONTENTS Page Letter of transmittal . VI Opinions of the Court.......................................... VIX Personnel of the Court ......................................... IV Former judges .......................................... V References - Court of Claims ................................... 238 Table of Cases Reported - Court of Claims ......................... X Terms of Court ............................................... VII IV PERSONNEL OF THE STATE COURT OF CLAIMS [W.Va PERSONNEL OF THE STATE COURT OF CLAIMS HONORABLE DAVID M. BAKER ....................... Presiding Judge HONORABLE BENJAMIN HAYS WEBB, II . Judge HONORABLE FRANKLIN L. GRITT, JR. ........................ Judge HONORABLE ROBERT B. SAYRE ....................... Interim Judge HONORABLE GEORGE F. FORDHAM ........................... Judge CHERYLE M. HALL .......................................... Clerk DARRELL V. MCGRAW, JR. ......................... Attorney General W.Va.] FORMER JUDGES V FORMER JUDGES ___________________ HONORABLE JULIUS W. SINGLETON, JR. July 1, 1967 to July 31, 1968 HONORABLE A. W. PETROPLUS . August 1, 1968 to June 30, 1974 HONORABLE HENRY LAKIN DUCKER . July 1, 1967 to October 31, 1975 HONORABLE W. LYLE JONES .......................... July 1,1974 to June 30, 1976 HONORABLE JOHN B. GARDEN ........................ July 1,1974 to December 31, 1982 HONORABLE DANIEL A. RULEY, JR. July 1, 1976 to February 28, 1983 HONORABLE GEORGE S. WALLACE, JR. February 2, 1976 to June 30, 1989 HONORABLE JAMES C. LYONS . February 17, 1983 to June 30, 1985 HONORABLE WILLIAM W. GRACEY . May 19, 1983 to December 23, 1989 HONORABLE DAVID G. HANLON . August 18, 1986 to December 31, 1992 HONORABLE ROBERT M. STEPTOE . July 1, 1989 to June 30, 2001 HONORABLE BENJAMIN HAYS WEBB, II . March 17, 1993 to March 17, 2004 INTERIM JUDGES HONORABLE GEORGE F. FORDHAM . April 7, 2004 to May 30, 2005 VI LETTER OF TRANSMITTAL [W.Va. LETTER OF TRANSMITTAL To His Excellency The Honorable Robert E. Wise, Jr. Governor of West Virginia Sir: In conformity with the requirements of section twenty-five of the Court of Claims law, approved March eleventh, one thousand nine hundred sixty-seven, I have the honor to transmit herewith the report of the Court of Claims for the period from July one, two thousand three to June thirty, two thousand five. Respectfully submitted, CHERYLE M. HALL, Clerk W.Va.] TERMS OF COURT VII TERMS OF COURT Two regular terms of court are provided for annually the second Monday of April and September. ------------------------ Š ------------------------ THIS PAGE INTENTIONALLY BLANK ------------------------ Š ------------------------ OPINIONS Court of Claims X TABLE OF CASES REPORTED [W.Va. TABLE OF CASES REPORTED ADAMS, AMANDA VS. DIVISION OF HIGHWAYS (CC-03-100) . 64 ADKINS, THOMAS A. and THOMAS A. ADKINS, II. VS. DIVISION OF HIGHWAYS (CC-03-265) ................................... 175 ALLTEL VS. STATE FIRE MARSHAL (CC-03-427) . 57 AMOS, ROGER VS. DIVISION OF HIGHWAYS (CC-04-146) . 189 ANDREWS, ELLEN F. VS. DIVISION OF HIGHWAYS (CC-03-153) . 118 ANTILL, LINNIE M. VS. DIVISION OF HIGHWAYS (CC-03-156) . 169 ASH, WENDELL K. VS. DIVISION OF CORRECTIONS (CC-03-416) . 141 BEARD, SANDRA SUE VS. DIVISION OF HIGHWAYS (CC-03-425) . 46 BEDDOW, ALAN and STEPHANIE BEDDOW VS. DIVISION OF HIGHWAYS (CC-03-403) ................................... 112 BELL, AMANDA VS. DIVISION OF HIGHWAYS (CC-01-375) . 41 BELLAMY, PATRICIA SUE VS. DIVISION OF HIGHWAYS (CC-02-506) . 127 BERRY, STACY J. VS. DIVISION OF HIGHWAYS (CC-03-299) . 100 BLAIR, NANCY VS. DIVISION OF HIGHWAYS (CC-03-286) . 179 BLAND, MICHAEL J. VS. DIVISION OF HIGHWAYS (CC-04-065) . 186 BOBO, DELORSE J. VS. DIVISION OF HIGHWAYS (CC-02-351) . 122 BOOTH, ESTHER M. and STEPHEN P. RICH VS. DIVISION OF HIGHWAYS (CC-03-047) ................................... 107 BOXLEY, KEVIN VS. DIVISION OF CORRECTIONS (CC-02-514) . 145 BROWN, JAMES, ANGELA BROWN, CHRISTINE BROWN, and JAMES BROWN and ANGELA BROWN AS PARENTS AND NATURAL GUARDIANS OF TASHA BROWN, AN INFANT, VS. DIVISION OF HIGHWAYS (CC-01-213) ................................. 31 BRYANT, DANIEL and DEBRA BRYANT VS. DIVISION OF HIGHWAYS (CC-04-023)............................................... 235 W.Va.] TABLE OF CASES REPORTED XI BUNTING, LENORA J. VS. DIVISION OF HIGHWAYS (CC-03-055) . 137 BURDETTE, KEITH VS. DIVISION OF CORRECTIONS (CC-02-484) . 128 CAMPBELL, STEVE VS. DIVISION OF HIGHWAYS (CC-04-304) . 192 CARNELL, ANNA BELL VS. DIVISION OF HIGHWAYS (CC-03-333) . 130 CHAPMAN, JAMES H. VS. DIVISION OF HIGHWAYS (CC-02-227) . 5 CHARLESTON AREA MEDICAL CENTER VS. DIVISION OF CORRECTIONS (CC-03-463) ................................ 162 CHARLESTON AREA MEDICAL CENTER, INC. VS. DIVISION OF CORRECTIONS (CC-03-449) ................................. 59 CHARLESTON AREA MEDICAL CENTER, INC. VS. DIVISION OF CORRECTIONS (CC-03-439) ................................. 58 CHARLESTON PSYCHIATRIC GROUP, INC. VS. DIVISION OF CORRECTIONS (CC-03-406) ................................. 27 CITY OF ELKINS VS. DIVISION OF CORRECTIONS (CC-03-396) . 27 COLLINS, LORI M. VS. DIVISION OF HIGHWAYS (CC-03-102) . 172 COOK, JESSE E. and NORMA C. COOK VS. DIVISION OF HIGHWAYS (CC-02-258)................................................ 12 COOK, DENNIS L. and WILMA COOK VS. DIVISION OF HIGHWAYS (CC-01-381)................................................. 1 COPLEY, HOWARD AS ADMINISTRATOR OF THE ESTATE OF TERESA COPLEY, DECEASED, HOWARD COPLEY, INDIVIDUALLY, CURTIS H. COPLEY VS. DIVISION OF HIGHWAYS (CC-01-189) . 140 CORRECTIONAL MEDICAL SERVICES VS. DIVISION OF CORRECTIONS (CC-03-553) ................................ 114 CORRIVEAU, MICHAEL VS. DIVISION OF CORRECTIONS (CC-02-006) . 146 CRITCHFIELD, BRANDON VS. DIVISION OF HIGHWAYS (CC-02-397) . 102 CUSTER, JOHN A. VS. DIVISION OF HIGHWAYS (CC-04-320) . 197 DABIRI, ALI R. VS. DIVISION OF HIGHWAYS (CC-03-094) . 59 DAY, DEBRA SUE VS. DIVISION OF HIGHWAYS (CC-03-209) . 174 DEPTA, ANDREA AN INFANT THROUGH HER FATHER AND NEXT XII TABLE OF CASES REPORTED [W.Va. FRIEND, GARY DEPTA VS. DIVISION OF HIGHWAYS (CC-02-163)............................................... 219 DEPTO, JOHN and MARY ANN DEPTO VS. DIVISION OF HIGHWAYS (CC-02-056)................................................ 85 DEPTO, JOHN and MARY ANN DEPTO VS. DIVISION OF HIGHWAYS (CC-02-056)................................................ 88 DERRINGER, CHARLES VS. DIVISION OF HIGHWAYS (CC-02-387) . 157 DILLON, MICHAEL T. and CHASTITY DILLON VS. DIVISION OF HIGHWAYS (CC-04-424) ................................... 230 DILLS, MARK O. VS. DIVISION OF HIGHWAYS (CC-03-023) . 74 DOMENICO, LAURENCE W. VS. DIVISION OF HIGHWAYS (CC-03-201) . 54 DOTY, ROBIN VS. DIVISION OF HIGHWAYS (CC-04-101) . 203 DRUSCHEL, KIRBY VS. HIGHER EDUCATION POLICY COMMISSION (CC-04-130)............................................... 151 DUNHAM, SONYA VS. DIVISION OF HIGHWAYS (CC-01-390) . 26 DUNHAM, TIMOTHY, LORETTA DUNHAM, HIS WIFE AND JOEY SMITH VS. DIVISION OF HIGHWAYS (CC-02-470) . 218 EACHES, SUSAN E. VS. DIVISION OF HIGHWAYS (CC-03-152) . 180 ERSKINE, KIMBERLY L. VS. DIVISION OF HIGHWAYS (CC-03-057) . 149 EWING, BOBBY J. VS. DIVISION OF HIGHWAYS (CC-00-437) . 133 FEDERAL BUREAU OF PRISONS VS. DIVISION OF CORRECTIONS (CC-03-484)................................................ 57 FIELDS, FORREST G. VS. DIVISION OF HIGHWAYS (CC-03-338) . 233 FRAZIER, JR., GLENN O. and SONDRA FRAZIER VS. DIVISION OF HIGHWAYS (CC-02-493) .................................... 25 FRIEND, DAVID C. VS. DIVISION OF HIGHWAYS (CC-02-425) . 66 FRIENDS OF BARBARA FLEISCHAUR and COMMITTEE TO ELECT BASTRESS FOR JUSTICE VS. DIVISION OF HIGHWAYS (CC-02-515)............................................... 114 GLASS, RICHARD H. VS. DIVISION OF HIGHWAYS (CC- 02-310) . 123 W.Va.] TABLE OF CASES REPORTED XIII GOINS, ELMER R. VS. DIVISION OF HIGHWAYS (CC-02-164) . 120 GOLDEN, FLOSSIE VS. DIVISION OF HIGHWAYS (CC-04-228) . 204 GORBEY, KALA ANN VS. DIVISION OF HIGHWAYS (CC-04-175) . 190 GRANEY, JESSICA S. VS. DIVISION OF HIGHWAYS (CC-03-033) . 158 GRANT, VERNON W. VS. DIVISION OF HIGHWAYS (CC-03-099) . 42 GREAVER, BRIDGETTE D. VS. DIVISION OF HIGHWAYS (CC-02-417) . 62 GROVESS, JAMES L. VS. DIVISION OF HIGHWAYS (CC-02-391) . 22 GUNNO, KATHY L. VS. DIVISION OF HIGHWAYS (CC-03-077) . 160 HAYNES, KIM VS. DIVISION OF HIGHWAYS (CC-03-049) . 150 HICKS, ALAN M. VS. DIVISION OF HIGHWAYS (CC-03-137) . 81 HIGGINBOTHAM, WILLIAM F. and ALICE HIGGINBOTHAM VS. DIVISION OF HIGHWAYS (CC-02-261) ........................ 10 HISAM, GARY LEE and DEBORAH K. HISAM VS. DIVISION OF HIGHWAYS (CC-02-392) .................................... 47 HITE, RICHARD D. VS. DIVISION OF HIGHWAYS (CC-02-329) . 3 HOLLETT, KATHLEEN VS. DIVISION OF HIGHWAYS (CC-03-303) . 178 HUDNALL, BOBBY WAYNE and MAUREEN HUDNALL VS. DIVISION OF HIGHWAYS (CC-02-350) ................................. 92 HUNLEY, KAREN S. VS. DIVISION OF HIGHWAYS (CC-03-274) . 135 JAN-CARE AMBULANCE VS. DIVISION OF CORRECTIONS (CC-03-529) . 99 JONES II, EDWARD C. VS. DIVISION OF HIGHWAYS (CC-02-378) . 110 JORDAN, GREGORY A. VS. DIVISION OF HIGHWAYS (CC-03-296) . 207 KANAWHA NEPHROLOGY, INC. VS. DIVISION OF CORRECTIONS (CC-03-355)................................................ 29 KENNEDY, LANDON A. VS.
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