Sept. 19, 2008
 
Justice Albright’s Illness Cancels Supreme Court Stop at Marshall University
Several Cases of Interest Rescheduled
 
By Tony Rutherford
Huntingtonnews.net Reporter
 
Charleston, WV (HNN) – Due to the illness of Justice Joseph P. Albright, who had a esophagectomy July 28, the West Virginia Supreme Court has rearranged its fall docket schedule. During the interim, retired former Supreme Court Justice Thomas E. McHugh will take Albright’s place on the court.
 
Chief Justice Spike Maynard announced that the court will not hold its Argument Docket Sept. 23 at Marshall University.
 
“The entire Court very much enjoys the docket at Marshall University. The people are so gracious and warm. It has become one of the highlights of our year,” Chief Justice Maynard said. “We deeply regret the trip had to be canceled this year.”
 
As a result of Judge Albright’s illness, the O.J. Mayo v. West Virginia Secondary Schools Activities Commission has been continued to October 7. The argument regarding the Bayer CropScience tax assessments has also been moved to October 7.
 
A petition by Ingram Barge Co. defendants seeking appeal of a circuit court ruling that their property does not include “recreational uses” and therefore they cannot use the West Virginia Immunity Statute as a defense from suit will be heard September 23. The plaintiff is Carl Wayne Baughan. The Greater Huntington Park & Recreational District is also a defendant.
 
On September 24, the Court hears arguments in Jeanne Cartwright v. Carl F. McComas, M.D. and Cabell-Huntington Hospital. Cabell County Judge David Pancake ruled that Cabell-Huntington Hospital be dismissed as a defendant and is not “vicariously liable for the actions or omissions of Dr. McComas.”
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