WEST VIRGINIA RECORD

Nov. 6
Jason J. Smith vs. Apex Pipeline Services Inc.
PA- Martin W. Masters and Charles M. Love IV; J- Tod J. Kaufman
* Smith was employed by Apex Pipeline Services, and on Sept. 30, 2008, an unsecured steel pipe fell on him while he was working on a ditch where no box protection was used. He claims he suffered temporary and permanent injuries to his body; incurred medical bills to treat the injuries; lost income and will continue to lose income; physical pain and suffering; mental anguish and emotional distress; loss of enjoyment of life; scarring; and humiliation and embarrassment. He is suing for compensatory and punitive damages.
Case number: 09-C-2087

Tiffany Johnson vs. Halftime Sports LLC d/b/a Halftimes Sports Bar and Grill; Michael Hughes; and Richard Rose, individuals
PA- Todd S. Bailess; J- James C. Stucky
* Johnson was employed as a server at Halftimes Sports Bar and Grill, which is owned by Hughes and Rose. Johnson claims they failed to timely pay her for her wages for two pay periods in August 2009; from Aug. 3 until Aug. 16 and from Aug. 17 until Aug. 26. Halftimes Sports Bars and Grill closed Aug. 26. Johnson is suing for compensatory damages for her wages due in full and punitive damages.
Case number: 09-C-2088

Dorothy Harper vs. Halftime Sports LLC d/b/a Halftimes Sports Bar and Grill; Michael Hughes; and Richard Rose, individuals
PA- Todd S. Bailess; J- Paul Zakaib Jr.
* Harper was employed at Halftimes Sports Bar and Grill, which is owned by Hughes and Rose. Harper claims they failed to timely pay her for her wages for two pay periods in August 2009; from Aug. 3 until Aug. 16 and from Aug. 17 until Aug. 26. Halftimes Sports Bars and Grill closed Aug. 26. Harper is suing for compensatory damages for her wages due in full and punitive damages.
Case number: 09-C-2089

Chaz R. Boggess vs. Halftime Sports LLC d/b/a Halftimes Sports Bar and Grill; Michael Hughes; and Richard Rose, individuals
PA- Todd S. Bailess; J- Louis Bloom
* Boggess was employed as a bartender at Halftimes Sports Bar and Grill, which is owned by Hughes and Rose. Boggess claims he was discharged from his employment on Aug. 19, 2009, and was not paid his wages within 72 hours. Boggess is suing for compensatory damages for his wages due in full and punitive damages.
Case number: 09-C-2090

William Bruce Looney and Ruth Ellen Looney vs. 3M Company; A.W. Chesterton Company; et al.
PA- Cindy J. Kiblinger and Victoria Antion; J- Ronald Wilson
* Mr. Looney claims he has never smoked and was diagnosed with asbestosis Nov. 17, 2007. According to the suit, the defendants are being sued for negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn. The Looneys are suing for a trial by jury to resolve all issues with Mr. Looney's asbestosis.
Case number: 09-C-2091

Michael S. Pauley and Linda Pauley vs. 3M Company; A.W. Chesterton Company; et al.
PA- Cindy J. Kiblinger and Victoria Antion; J- Ronald Wilson
* Mr. Pauley claims he smoked one pack per day for 49 years and was diagnosed with lung cancer March 19, 2009. According to the suit, the defendants are being sued for negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn. The Pauleys are suing for a trial by jury to resolve all asbestos issues with Mr. Pauley's lung cancer.
Case number: 09-C-2092

Nov. 9
Brandon Dooley and Mary Dooley vs. Vericrest Financial Inc.; Century Title & Escrow Services LTD.; Kristina Spader; Stephen L. Scohy; and John Doe Holder
PA- Daniel F. Hedges; J- Tod J. Kaufman
* The Dooleys were shown a home and provided a contract for sale in June 2006 and the real estate closing took place July 31, 2006. The Dooleys claim they were not provided with any disclosures prior to closing. According to the suit, the settlement statement reflected a second mortgage and the market value of the home was $74,500, which is less than the contract price of $89,000. In October 2009, the Dooleys were informed there was no second mortgage on their home and they fell behind on payments as a result of loss of income. They are suing for appropriate equitable relief, and actual and punitive damages.
Case number: 09-C-2096

Nov. 10
Gary Pauley vs. Mark Burdette, individually; and St. Albans Fraternal Order of Police, Lodge #88, Inc.
PA- Brett J. Preston and C. Benjamin Salango; J- Louis Bloom
* Burdette was the vice president of the St. Albans Fraternal Order of Police, Lodge #88 and caretaker of an area of land owned by the FOP. On July 11, 2008, Burdette instructed Pauley, who was a minor, and Sutton to clear a portion of the property with a chainsaw. Pauley claims while he and Sutton were attempting to cut down a tree the chainsaw became lodged in the tree and while retreating, Sutton accidentally struck Pauley with the chainsaw. Pauley is suing for compensatory damages.
Case number: 09-C-2101

James Bradley and Shirley A. Bradley vs. Geoffrey R. Cousins, M.D.; Charleston Area Medical Center and the Heparin defendants, being Baxter Healthcare Corp.; Baxter International, Inc.; Scientific Protein Laboratories, Inc.; Changzhou SPL Company, LTD.; and American Capital LTD.
PA- Shannon M. Bland and C. Page Hamrick; J- Tod J. Kaufman
* On Nov. 11, 2007, Mr. Bradley was administered Heparin because he needed large intravenous doses given quickly in order to thin their blood over a short period of time. Mr. Bradley claims he suffered immediate reaction to the Heparin, which resulted in debilitating and disabling injuries, including the loss of his toes, which had to be amputated. The Bradleys are suing for compensatory and punitive damages.
Case number: 09-C-2102

Tanya R. Stone vs. Howard & Howard, DDS, PLLC; and Richard L. Howard, individually
PA- Michael A. Olivio; J- James C. Stucky
* Stone was employed at Howard & Howard, DDS and trained to work as a dental assistant in May 2006. Stone claims during her employment she was forced to work in an office environment filled with references, materials, gestures, discussions and other activities, all of which were inappropriate and constituted a hostile work environment and sexual harassment. She is suing for compensatory and punitive damages.
Case number: 09-C-2103

Nov. 13
Patrick Clendenin and Pamela Clendenin vs. Patriot Coal Corporation and Speed Mining LLC
PA- Brian L. Ooten and Jamie F. Little; J- Tod J. Kaufman
* Mr. Clendenin was employed as an underground mine laborer and on Nov. 19, 2007, he claims his supervisor ordered him to shovel coal spillage from underneath the beltline. He claims he advised his supervisor the weight of the coal was too heavy for the beltline and suggested the belt be turned on in order to dump coal before shoveling more coal back into it. According to the suit, the beltline and structure collapsed and fell on top of Mr. Clendenin. The Clendenins are suing for medical expenses; pain and suffering; economic loss; lost wages; loss of the ability to enjoy life; emotional distress and mental anguish; annoyance and inconvenience; and scarring and disfigurement.
Case number: 09-C-2122