CIVIL FILINGS: Cabell County
Kyla Asbury Apr. 27, 2012, 2:20am
William Erwin vs. Marion Reed Jr. d/b/a Mort Reed, Inc.
PA- Timothy C. Bailey, J. Ryan Stewart, Arik C. Paraschos; J- F. Jane Hustead
* On March 12, 2011, a fire started in Erwin's third floor apartment and the fire and copious amounts of smoke and toxic gasses spread over and through the apartment building at an extremely rapid rate of speed. Erwin claims he was asleep in his bedroom when the fire started and when he woke up, the fire had reached his bedroom. He claims there was no secondary means of escape or egress from the apartment as required by law and Erwin was forced to travel through the burning flames to reach the front door, which caused him to sustain second degree burns to more than 28 percent of his body. Erwin is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-247
Carolyn Goodwin vs. Bank of America, N.A. d/b/a Bank of America Home Loans
PA- Jennifer S. Wagner, Daniel F. Hedges; J- David M. Pancake
* On July 5, 2011, Goodwin signed a settlement agreement and loan modification with the defendant to resolve legal claims relating to the origination of her home mortgage. She claims she made timely payments under the agreement and made payments a few days early to ensure timely receipt by the defendant. Goodwin claims on Dec. 5, 2011, she received a letter stating that she had not paid her December payment, but she had paid it by check on Nov. 27, 2011. She claims a similar incident occurred in March. Goodwin is seeking damages and civil penalties of $4,600 for each violation pursuant to West Virginia code.
Case number: 12-C-252
Jerry Maynard, administrator of the Estate of Edna Maynard vs. Marshall University Board of Governors
PA- William M. Tiano; J- David M. Pancake
* Edna Maynard was hospitalized at St. Mary's Medical Center from July 4, 2011 until July 18, 2011. On July 11, 2011, the surgery service decided to place a central venous line in Edna Maynard for electrolyte and fluid administration. Jerry Maynard claims the central venous line operative procedure was performed by two second-year surgery residents without the presence supervision or oversight of an attending surgeon. The central line was improperly positioned in Edna Maynard's carotid artery instead of her internal jugular vein due to the failure of the residents to identify proper placement, according to the suit. Jerry Maynard claims the defendants' negligence and carelessness led to Edna Maynard's death on Aug. 18, 2011. He is seeking compensatory damages.
Case number: 12-C-254
James G. Dalton vs. Setzer's World of Camping, Inc.
PA- Robert B. Kuenzel; J- David M. Pancake
* On Sept. 16, 2007, Dalton purchased a new 2007 Fleetwood Bounder motor home from the defendant. He claims within the first 60 days of owning the motor home and prior to the expiration of the express warranty, he returned the motor home because it was not starting, a problem he believed to be electrical in nature. Dalton claims the defendant failed to inform him of the problem with the motor home and prevented him from making an informed decision about accepting or declining the purchase of the motor home. Dalton is seeking compensatory damages with pre-judgment interest.
Case number: 12-C-259
David Dunn and Donna Dunn vs. Gino's Pizza Parlor & Public Pub, Inc.
PA- Dennis E. Kelley; J- David M. Pancake
* On April 8, 2011, David Dunn was at the defendant's restaurant. When David Dunn sat down in a chair, the chair collapsed, causing him to violently strike and fall to the ground, landing on his neck and back. The Dunns are seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-265