WEST VIRGINIA RECORD

Dec. 15
Judy Rose and John R. Rose v. Kay Kelly, Core Health Care, PLLC, and Giant Eagle, Inc.
PA-Ray A. Byrd; Judge Russell M. Clawges, Jr.
* In January 2007, Judy Rose sought medical treatment at Core Health Care for a nail fungus. Kay Kelly, a certified family nurse practitioner, examined Rose. She intended to write a prescription for Lamisil, an anti fungal medication. Instead, Kelly wrote the prescription for Lamictal, an anti-seizure medication. Rose took the prescription to the Giant Eagle Pharmacy where it was filled for Lamictal. Rose alleges that, because this pharmacy has filled her prescriptions for a number of years, its workers should have known she did not suffer from any type of seizures. As a result of taking the medication, Rose suffered dizziness, nausea, fatigue and vomiting. She contacted the clinic, and was advised to stop taking the medication. They did not mention she had been given the incorrect medicine. In February 2007 after her symptoms worsened, Rose was admitted to Ruby Hospital for treatment and released two days later. The Roses request compensatory damages, attorney fees, costs and expenses.
Case number: 08-C-918

Dec. 18
Kimberly N. Walker v. Archie's Restaurant, LLC and Zachary Redmond
PA-D. Adrian Hoosier; Judge Russell M. Clawges, Jr.
* Walker was a customer of Archie's in Sabraton in October 2008. She alleges bartender Zachary Redmond was drinking while on the job and, after he found out she was employed by one of Archie's sister companies, hounded her about being "initiated" by either having a "slop bucket" poured on her or being placed in an "ice chest." Walker declined these tactics. Redmond continued harassing Walker, even going so far as to enter the women's restroom after she went in there to get away from him. Walker and other employees of Archie's asked Redmond to stop his harassment, but he refused. Walker then paid her tab and left. As she was leaving the establishment, Redmond picked her up and dropped her on her head. Walker is asking for compensation for severe emotional distress, pain and suffering, both past and future, medical expenses, anxiety, lost wages and punitive damages.
Case number: 08-C-908