THIS JUST IN: Kanawha County

Nov. 16
Roger Ferrell vs. Diversified Enterprises Inc.
PA- Mark W. Carbone; J- Tod J. Kaufman
* Ferrell was employed by Diversified Enterprises and worked on a project called the Cool Ridge/Flat Top Sewer project for Shady Springs Public Service District in Raleigh County. On April 6, the Division of Labor issued a Final Order to Diversified Enterprises and ordering the company pay its employees a combined total of $11,529.66. Ferrell claims they have yet to be paid. He is seeking for the court to enter an order enforcing the Division of Labor's Final Order for Diversified Enterprises to pay damages of $11,529.66 plus any interest.
Case number: 09-C-2136

Randy G. Whetstone vs. the West Virginia Department of Education, Ron Grimes, Stan Hopkins, Heather Deskins, Cynthia Kolsun, Ted Mattern, Kenna Seal, Steven Paine, Amanda Barger, Jeffrey S. Barger, Beverly F. Bolyard, Mike Hipp, Wanda Harman, Mary Rose Junkins, Randy Keplinger, Tim Kiser, Tamala Kitzmiller, Anita Mitter, Ronald C. Odom, Lynwood Reel, Carolyn Dean, Trisha George, Ashley B. Johnson, Kimberly Kimble, Alex Kisamore, and Sandra Lowery
PA- pro se; J- Irene C. Berger
* Whetstone was hired by the Administrative Council of South Branch Career and Technical Center as the director on July 12, 2007. He claims he was not hired as principal, but the members of the WVDE chose to treat him as such. Whetstone claims by treating him like a principal, the members of the WVDE denied him the contractual rights provided in his position. On Nov. 7, 2008, Whetstone was placed on administrative leave by Kolsun without notice and was dismissed in May 2009. He is suing for compensatory and punitive damages for emotional distress, humiliation, injury to his reputation, embarrassment, loss of wages and employment benefits.
Case number: 09-C-2137

Richard Michael Lee and Virginia P. Lee vs. A.K. Steel, A.W. Chesterton Company, et al.
PA- Cindy J. Kiblinger, Victoria Antion; J- visiting judge
* Richard Michael Lee claims he never smoked and was diagnosed with asbestosis April 19, 2008. According to the suit, the 54 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 Lees are suing for a trial by jury to resolve all issues with Mr. Lee's asbestosis.
Case number: 09-C-2141

Bruce Earl Petry and Janet M. Petry vs. 3M Company, A.W. Chesterton, et al.
PA- Cindy J. Kiblinger, Victoria Antion; J- visiting judge
* The 86-year-old man was diagnosed with asbestosis Feb. 22, 2008. Mr. Petry claims he has smoked one-half pack per day since 1999. The Petrys are suing the 40 defendants for negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort conspiracy, misrepresentations and post-sale duty to warn. The Lees are suing for a trial by jury to resolve all issues with Mr. Petry's asbestosis.
Case number: 09-C-2142

Alicia Foster vs. Charleston Area Medical Center, Inc. D/B/A/ Women and Children's Hospital, a West Virginia Corporation
PA- Mark L. French, Matthew S. Criswell, Matthew A. Victor; J- James C. Stucky
* Foster was employed at Charleston Area Medical Center as a registered nurse since 1985. In 1994, she was promoted to the position of Charge Nurse in CAMC's Women's and Children's Hospital. The hospital had a hotline that hospital staff could make anonymous complaints about other employees, and in May 2005 Foster claims she received her first anonymous complaint. In 2007 Foster received her second anonymous complaint from the hotline and on Sept. 10, 2009, she was informed that two anonymous complaints had been made about her. She claims she was constructively discharged the same day she was informed of the complaints. She is seeking for compensatory damages, punitive damages, back pay, front pay and out-of-pocket losses.
Case number: 09-C-2145

Nov. 17
Nicholas Miller vs. Halftime Sports, Michael Hughes and Richard Rose
PA- Todd S. Bailess; J- Jennifer Bailey
* Miller was employed by Halftime Sports as a host and dishwasher. He claims Halftime Sports failed to pay him his employment wages for two pay periods in 2009, the first being Aug. 3 through Aug. 16 and the second being Aug. 17 through Aug. 26. Hughes and Rose are the owners of the company. Miller is suing for compensatory and punitive damages.
Case number: 09-C-2147

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