WVDHHR wants Raleigh County pain clinic shut down

BECKLEY – The West Virginia Department of Health and Human Resources has filed a petition for injunctive relief and temporary restraining order in an attempt to get a pain clinic in Raleigh County to be shut down. Dr. Michael Kostenko is doing business as Coal Country Clinic Inc. The WVDHHR/Office of Health Facility Licensure and Certification filed the petition in Raleigh Circuit Court this week after the owner, Kostenko, has twice defied the state’s orders to close. In 2012, the West Virgin Read More »

Fatal cell tower collapse results in four federal lawsuits

CLARKSBURG – Four lawsuits have been filed in federal court regarding injuries and two deaths caused by a collapsed cell tower. SBA Communications Corp.; SBA Towers LLC; SBA Infrastructure LLC; SBA Network Services LLC; FDH Velocitel; FDH Engineering Inc.; FDH Innovation; and FDH Inc. were all named as defendants in the suit. On Feb. 1, 2014, Randall McElhaney, Terry Lee Richard Jr., Jerry Hill and Kyle Kirkpatrick were repairing and removing old structural supports when the Despard Cell Tower Read More »

Prime Copy Plus claims insurance company breached contract after flooding

HUNTINGTON – Prime Copy Plus is suing Sentinel Insurance Company after it claims the insurance company breached its contract by denying a claim. Prime is a first-party insured by Sentinel and David Robinson is a named insured under the first-party contract as well, according to a complaint filed in Cabell Circuit Court on Sept. 30 and removed to federal court on Nov. 4. On Aug. 27, 2014, a precipitous amount of rain fell in Huntington during a heavy rainstorm and, as a result of the heavy rain Read More »

Wal-Mart removes parking lot injury suit to federal court

HUNTINGTON – A lawsuit against Wal-Mart Stores Inc. for injuries sustained in a parking lot has been removed to federal court. The notice of removal states that the plaintiffs and the defendant are citizens of different states and, although the plaintiffs did not specifically please an amount of damages, it is "facially apparent" from the complaint that the plaintiffs seek damages in excess of $75,000, according to the Nov. 9 notice of removal, which was filed in the U.S. Read More »

Woman blames St. Mary's for death of family member

HUNTINGTON – A woman is suing St. Mary's Medical Center after she claims it is responsible for the wrongful death of her family member. On April 24, 2014, James Hignite was admitted to St. Mary's for treatment of respiratory failure and myocardial infarction, according to a complaint filed Nov. 2 in Cabell Circuit Court. Vina Hignite claims James Hignite suffered from skin breakdown and pressure ulcers during his admission to the hospital and St. Mary's failed to provide adequate care plans fo Read More »

Kanawha family court judge candidate wants to help children

CHARLESTON – Lera VanMeter, one of the candidates for Kanawha County family court judge, wants to make sure children don't get lost in the shuffle if she is nominated to the bench. VanMeter, who has been practicing family law for 21 years, said the interests of children involved in family law are very important to her and she wants to make sure those interests are protected. "I want to make sure the children are on the forefront," VanMeter said. Read More »

WVU fraternity files motion to dismiss in pledge death case

MORGANTOWN – Kappa Sigma Fraternity has filed a motion to dismiss in a lawsuit alleging it and multiple other defendants were responsible for the hazing and death of a fraternity pledge. Kappa Sigma also filed a memorandum of law in support of its motion to dismiss, or in the alternative, motion for summary judgment. Kappa claims the plaintiffs failed to state a claim upon which relief can be granted, according to the memorandum. Kappa says it owed no duty to the plaintiffs on the night of th Read More »

Former Ravenswood city clerk files discrimation suit against city

RIPLEY – A man is suing the City of Ravenswood after he claims his employment was wrongfully terminated. Michael McCann was employed by the City of Ravenswood as a city clerk from Nov. 2, 2011, until his termination on Aug. 19, 2014, according to a complaint filed in Jackson Circuit Court. McCann claims as part of his job responsibilities, he was responsible for reconciling the accounts pertaining to the city's water department and in early 2014, he began to notice discrepancies between the bi Read More »