WEST VIRGINIA RECORD

Dec. 1
Cecilia R. Scarberry vs. Marshall University
PA- Walt Auvil; J- F. Jane Hustead
* Scarberry was employed at Marshall University until August 2007. Scarberry claims she was terminated because she refused to perform work which exposed her and co-workers to the risk of serious injury or death. According to the suit, Scarberry made several attempts to address concerns regarding failure to provide safe equipment and working conditions. Scarberry is seeking all administrative remedies available.
Case number: 09-C-942

Dec. 2
Thomas Stamper vs. Dennis E. Kelley d/b/a Attorney at Law C/J/A Panel Attorney
PA- pro se; J- F. Jane Hustead
* In February 2007 Kelley was appointed to represent Stamper in a lawsuit. Stamper claims during this time Kelley committed numerous acts of fraud, fraudulent concealment, breach of fiduciary duty, attorney deceit, intentional professional misconduct and attorney malpractice. Stamper is suing for $15 million in damages for intentional infliction of emotional distress and mental anguish; and $5 million in damages for injuries, loses and suffering.
Case number: 09-C-943

Dec. 3
Barry G. Plumley vs. Rick Keaton and Keaton's Collision Center, Inc.
PA- Roger D. Forman, Kevin Baker; J- David M. Pancake
* Plumley was employed by Keaton's Collision Center from January 2005 until Sept. 3, 2008. On Aug. 27, 2008, Plumley was attacked by James Clay, an employee of the defendant, and sustained serious injuries, according to the suit. Plumley claims Clay's manager, Troy Handley, stood by, watched and laughed while Clay attacked him and made no effort to stop him. Plumley is seeking compensatory and punitive damages for his injuries, lost wages, back pay, front pay and reinstatement.
Case number: 09-C-950

Dec. 4
Mary Watson vs. C.R. Bard Inc. and Covidien Inc. d/b/a Sofradim Production
PA- Derek W. Marsteller; J- David M. Pancake
* Watson was implanted with products by the defendants during a surgery performed by Dr. Mitchell E. Nutt at St. Mary's Medical Center to treat her for pelvic organ prolapsed. Watson claims as a result of having the products implanted in her, she has experienced significant mental and physical pain and suffering; sustained permanent injury; permanent and substantial physical deformity; loss of a bodily organ system; and has undergone/will undergo corrective surgery. She is seeking compensatory and punitive damages.
Case number: 09-C-956