This Just In: Monongalia County

Aug. 22
Deputy Robert G. Fields vs Joseph Bartolo, Sheriff of Monongalia County, The Monongalia County Commission and the Monongalia County Deputy Sheriff's Civil Service Commission
PA-John R. Angotti; J-N/A
* Fields' employment as a Deputy with the Monongalia County Sheriff's Department was constructively terminated in February 2006 after being arrested on a felony. On three different occasions, Fields requested an administrative hearing with the Monongalia County Deputy Sheriff's Civil Service Commission regarding his termination. At the time, Fields also sought unemployment compensation due to his termination. Pursuant to a Workforce West Virginia Board of Review decision, it was determined that Fields was discharged due to a forced resignation. Fields claims that, as such, he is entitled to a hearing before the Civil Service Commission. He is asking the Court to issue a Writ of Mandamus so that a hearing may be scheduled.
Case number: 07-C-559

John T. Macdougall Jr. vs. Chico Enterprises Inc. and Cincinnati Insurance Companies
PA-Hiram C. Lewis IV; J-N/A
* While a customer at the Westover Dairy Mart, John T. Macdougall Jr. claims a slippery substance on the floor in the aisle where he was shopping, caused him to slip and fall. As a result of that fall, he suffered trauma to his head, back, and neck. Macdougall alleges that the employees of the store did not make him aware of any type of slippery substance that may have been on the floor, nor did they maintain the premises in a safe condition. He claims that Cincinnati Insurance Company failed to investigate his claim and did not offer any type of settlement with Macdougall and denied his claim. He is seeking judgment for his injuries, pre and post judgment interest and attorney fees.
Case number: 07-C-557

Aug. 23
C. Gutta Construction Inc. vs. C. Patrick Carrick
PA-Ashley Hardesty; J-N/A
* As owners of a building at 6000 Hampton Center, C. Gutta Construction Inc. entered into a rental agreement with C. Patrick Carrick for the rental of two suites to be used as Carrick's law offices. The terms of the agreement were a lease for no less than five years, effective November 1, 2002, and ending on October 31, 2007. The monthly fee was $3,482.67. Due to Carrick's failure to pay rent for May 2007, the lease was terminated by Gutta in June 2007. Since that time, late fees of $5,050 have accrued in addition to the unpaid rent. Gutta is seeking judgment in the amount of $17,240.85 plus costs and attorney fees and any additional damages suffered as a result of the early termination of the lease agreement. He is also seeking pre- and post-judgment interest and any additional late fees that may accrue.
Case number: 07-C-561

Joyce Copeland v. HealthSouth Corporation, WV Rehabilitation Hospital, Inc., Jason Gizzi, Edward Mowen, Mark Tarr and Kimberly Pretnar
PA-Samuel Spencer Stone; J-N/A
* Joyce Copeland was employed by HealthSouth Corporation for 16 years. After holding various positions within the company she was promoted to Business Office Manager. On July 2, 2007 she was terminated. Copeland was given no written termination notice, nor was she provided a reason for the termination. As required by law, Copeland was not paid monies that were owed her within the required 72 hour period. Copeland alleges HealthSouth violated the provisions of the Wage Payment and Collection Act by applying its policies differently to her than to its other employees. She is seeking $4032.78 in liquidated damages, an accounting of overtime and paid time off hours (PTO), bonus pay and various benefits. In addition she requests expungement of the termination from her employment record; lost wages, punitive damages, pre and post judgment, court costs, and attorney fees.
Case number: 07-C-560

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