WEST VIRGINIA RECORD

Sept. 6
Shirley A. Stephens vs. Champion Publishing, Inc. d/b/a The Herald-Dispatch
PA- Michael C. Walker; J- David M. Pancake
* On Oct. 26, 2010, Stephens was on the defendant's premises when she stepped into a hole in the concrete sidewalk, which was hidden from view. Stephens claims she fell as a result of the defect and suffered multiple fractures. Stephens is seeking compensatory damages.
Case number: 11-C-652

Sept. 8
University Physicians & Surgeons, Inc. vs. Perot Systems Revenue Cycle Solutions, Inc.; Advanced Receivables Strategy, Inc.; Perot Systems Corporations; and Unknown Named Corporations or Persons 1 through 4
PA- Nicholas Reynolds, Cheryl L. Connelly; J- David M. Pancake
* University Physicians & Surgeons and the defendants entered into a contract on May 16, 2006. The plaintiff claims the defendants failed to possess or failed to exercise the expertise it asserted it had. As a result of the defendants' failures to perform and material breaches, the plaintiff gave notice on Sept. 30, 2009, that it would terminate the contract on March 31, 2010, according to the suit. The plaintiff claims the defendants misrepresented their professional education, training and expertise. UP&S is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-659

Sept. 9
Loretta Sovine and Zach Sovine vs. Board of Governors – Marshall University
PA- Roger D. Forman, Daniel T. Lattanzi; J- David M. Pancake
* On Sept. 3, 2009, the plaintiffs were walking to a class in Harris Hall on Marshall University's campus. They claim the defendant was performing construction work near the building and had employees operating motorized carts to carry cargo and other materials in close proximity to Harris Hall. While the plaintiffs were walking to the Third Avenue entrance of Harris Hall, an employee of the defendant was loading boxes into one of the carts and had left the cart running with no safety brake or parking brake applied, according to the suit. The plaintiffs claim the employee proceeded to drop one of the boxes on the gas pedal of the cart, which caused the cart to accelerate toward them and hit them. They are seeking compensatory and punitive damages.
Case number: 11-C-662

Sept. 12
Jane Hayton vs. Cabell Huntington Hospital, Inc.
PA- Scott D. Maddox; J- F. Jane Hustead
* On Sept. 13, 2009, Hayton was on the defendant's premises when she slipped and fell due to a liquid substance on the floor. Hayton is seeking compensatory damages.
Case number: 11-C-677

Sept. 14
Jodi Camp, administratrix of the Estate of Ralph David Camp II vs. Cabell Huntington Hospital, Inc. and the Marshall University Board of Governors
PA- William L. Mundy; J- David M. Pancake
* On Sept. 3, 2010, Ralph David Camp II presented to the defendant's emergency department following a rollover ATV accident and underwent testing that revealed a Grade IV liver laceration. Two days later, it was discovered he had severe sepsis as a result of the intestinal perforations at on Sept. 6, 2010, he died as a result of the sepsis. Jodi Camp is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-685

Debra Garboski, as parent and next friend to Michela Marcum, a minor vs. Cabell County Board of Education
PA- Jay C. Love; J- David M. Pancake
* On Oct. 13, 2009, Marcum was playing on the swing set on the playground at Altizer Elementary School when she fell and sustained a fracture to her skull, as well as other bodily injuries. Garboski claims the swing set was in violation of the standards for playground equipment by the U.S. Consumer Product Safety Commission. Garboski is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-686