WEST VIRGINIA RECORD

March 7
Norma Price, executrix of the estate of Harry K. Price, and in her own right v. George B. Vieweg III
PA – Ralph C. Young; J – Berger
* Norma Price filed a suit against her former attorney, George B. Vieweg, III, claiming he failed to file a lawsuit within the statute of limitations. According to the suit, Price's late husband, Harry Price, was injured in 2003 when he fell on a cruise ship. Price died in 2006. Harry and Norma Price hired Vieweg to file their suit against the cruise company, in which they were to seek compensation for their damages. The suit says Vieweg promised Price's husband that they had a great case and a reasonable chance of success. However, Vieweg failed to file the suit and the claim was time barred. Price claims she and her husband suffered the loss of value of any claims and damages they may have recovered. Norma Price seeks general damages and attorney fees.
Case number: 08-C-451

March 10
Rebecca Holley v. Jody Ball, individually, Res-Care Inc., RSCR West Virginia, Inc., doing business as Community Alternatives West Virginia
PA – Tim J. Yianne; J – Kaufman
* Rebecca Holley filed a suit against Res-Care and Jody Ball, claiming he sexually harassed her. Holley filed the suit against the Ball, claiming that he subjected her to unwanted and uninitiated sexual advances, innuendos and comments. In response to the harassment, Holley filed a grievance Sept. 7, 2007, against Ball. According to the suit, Holley was put on administrative leave without pay Sept. 28, 2007, and shortly thereafter, her employment was terminated. In the four-count suit, Holley claims she was subjected to a hostile work environment and suffered emotional distress. Holley seeks compensatory and punitive damages against each defendant for the lost wages, benefits, humiliation, embarrassment, emotional distress, aggravation, annoyance and inconvenience she suffered.
Case number: 08-C-467

March 11
Bobby Woods v. Pierson Lumber Company, a West Virginia Corporation, Stihl Incorporated
PA – L. Lee Javins, II; J – Kaufman
* Bobby Woods filed a suit against Pierson Lumber and Stihl Incorporated after he was paralyzed when a limb fell on him. Woods claims he was instructed to work during a morning of severe fog, which impaired his vision. According to the suit, the Stihl Helmet System also impaired Woods' vision, by making it difficult to notice overhead hazards. Woods was injured when a falling tree landed on a grapevine, causing a limb to break off and land on Woods, breaking two vertebrae. In the four-count suit, Woods claims Pierson Lumber violated the West Virginia Code by intentionally exposing him to a high risk of injury by falling trees, limbs and other debris. He also claims Stihl was negligent in designing, manufacturing and distributing the Stihl Helmet System. Woods seeks damages for all costs.
Case number: 08-C-472

Randall S. Brewer v. CJH, Inc., a corporation
PA – Larry O. Ford; J – Kaufman
* Randall Brewer filed a suit against Days Inn in Teays Valley after he was injured when the banister he was leaning on gave way. According to the suit, Brewer was at the hotel May 5, 2006, standing on the front porch of the hotel, when the banister gave way and he fell. Brewer suffered a torn rotator cuff on his right arm. He seeks compensatory damages for his injuries.
Case number: 08-C-475

March 12
Gregory Whited v. Charleston Area Medical Center, Inc., a West Virginia Corporation, Teays Valley Health Services, Daniel Trent, D.O., Sam Abdul, M.D., Jeffery B. Given, D.C.
PA – Richard D. Lindsay; J – Berger
* Gregory Whited filed a medical malpractice suit against Charleston Area Medical Center and several physicians, after he was allegedly misdiagnosed several times, which left him incontinent and impotent. Whited claims he went to the emergency departments at CAMC and Putnam General Hospital with complaints of back pain, which turned out to be a severe herniated disc, which required surgery. Following the surgery, Whited remains incontinent of bladder, impotent and requires assistance of a cane for ambulation. In the two-count suit, Whited claims he sustained bodily injuries, physical and mental pain and suffering, disfigurement and deformities, as well as medical bills. Whited seeks compensatory and punitive damages to cover his injuries.
Case number: 08-C-482

Michelle Blankenship v. Almost Heaven Ribs, Inc, doing business as Famous Dave's, a West Virginia Corporation, Rex Donahue and Daniel Bowles
PA – Mark L. French; J- King
* Michelle Blankenship filed a suit against Famous Dave's, claiming her supervisor sexually harassed her while working there. Blankenship claims Daniel Bowles is a sexual predator and inappropriately touched her and asked her for sexual favors, including a lap dance, among other activities. This behavior allegedly happened at the Barboursville and Charleston locations. Blankenship claims Bowles behaved inappropriately on an almost-daily basis. According to the suit, she informed her boyfriend, now husband, of Bowles actions, and he called Bowles and told him to stop sexually harassing Blankenship. The suit says the harassment stopped for one week, but then continued. Blankenship was fired in January 2007. Blankenship claims she was discharged because of the sexual harassment. She seeks compensatory and punitive damages.
Case number: 08-C-483

Cynthia Dunn v. Somco, Inc., doing business as Closets by Design, a West Virginia Corporation, Kenneth Yonkers, Jr., Arnold Shamblin
PA – Matthew S. Criswell; J – Bloom
* Cynthia Dunn filed a suit against a local builder after he sexually harassed her while they were on a job. According to the suit, Arnold Shamblin inappropriately touched her and made sexual remarks, including telling Dunn that they should "go parking." Shamblin also asked Dunn and another woman in the office to have a threesome with him. The suit says fearing further dealings with Shamblin, and as a result of Yonkers failure to take any action, Dunn resigned. In the six-count suit, Dunn claims she suffered lost wages and benefits, severe emotional and mental distress, humiliation, anxiety, embarrassment, aggravation, annoyance and inconvenience. She seeks punitive damages to cover her injuries.
Case number: 08-C-489