CIVIL FILINGS: Kanawha County

April 30 Diana Mey, individually and on behalf of a class of all persons and entities similarly situated vs. Honeywell International, Inc.; ISI Alarms NC, Inc.; and Secure Home Technologies, Inc. PA- John W. Barrett, Jonathan R. Marshall; J- James C. Stucky * Since 2003, Mey's phone number has been listed on the Do Not Call Registry. Mey claims from March 7 until April 25, she received at least 18 telemarketing calls from the defendants. She claims the calls violated the Telephone Consumer Protection Act. Mey is seeking compensatory damages and for the defendants to be restrained from engaging in future violations of the TCPA. Case number: 12-C-771 May 11 Christine Shipley vs. Nightingale Realty, LLC PA- Kathy A. Brown; J- Jennifer Bailey * On April 23, Shipley was an invitee at the defendant's Chase Tower in Charleston as part of the cleaning crew for a local janitorial service. While cleaning the stairways, Shipley slipped and fell on a poorly maintained stairwell. Shipley is seeking compensatory damages with pre- and post-judgment interest. Case number: 12-C-864 May 14 Mimico, LLC and Timothy M. Spears, D.D.S. vs. City of Charleston and Charleston Sanitary Board PA- Herbert L. Hively II; J- Carrie Webster * On May 15, 2010, the defendants negligently, carelessly, recklessly and willfully failed to properly maintain, inspect and/or keep in proper working order, culverts and/or water lines so as to prevent damage to the plaintiffs' property. The plaintiffs are seeking compensatory damages. Case number: 12-C-874 Heather Brown vs. Mountain State University, Inc.; Charles H. Polk; and the Mountain State University Board of Trustees PA- Stephen P. New, S. Douglas Adkins; J- Tod J. Kaufman * Brown was admitted into Mountain State University's nursing programs for a Bachelors of Science in Nursing degree. She claims when she was admitted to the program, she was informed that the program was accredited by NLNAC and WVBRN, but later discovered the nursing program did not have full accreditation status. Brown is seeking compensatory and punitive damages with pre- and post-judgment interest. Case number: 12-C-876 Jenny Irvin vs. Mountain State University, Inc.; Charles H. Polk; and the Mountain State University Board of Trustees PA- Stephen P. New, S. Douglas Adkins; J- James C. Stucky * Irvin was admitted into Mountain State University's nursing programs for a Bachelors of Science in Nursing degree. She claims when she was admitted to the program, she was informed that the program was accredited by NLNAC and WVBRN, but later discovered the nursing program did not have full accreditation status. Irvin is seeking compensatory and punitive damages with pre- and post-judgment interest. Case number: 12-C-877 Kristen Clevenger vs. Mountain State University, Inc.; Charles H. Polk; and the Mountain State University Board of Trustees PA- Stephen P. New, S. Douglas Adkins; J- Charles E. King * Clevenger was admitted into Mountain State University's nursing programs for a Bachelors of Science in Nursing degree. She claims when she was admitted to the program, she was informed that the program was accredited by NLNAC and WVBRN, but later discovered the nursing program did not have full accreditation status. Clevenger is seeking compensatory and punitive damages with pre- and post-judgment interest. Case number: 12-C-878 Florence Marie Shrewsbury vs. Mountain State University, Inc.; Charles H. Polk; and the Mountain State University Board of Trustees PA- Stephen P. New, S. Douglas Adkins; J- Paul Zakaib Jr. * Shrewsbury was admitted into Mountain State University's nursing programs for a Bachelors of Science in Nursing degree. She claims when she was admitted to the program, she was informed that the program was accredited by NLNAC and WVBRN, but later discovered the nursing program did not have full accreditation status. Shrewsbury is seeking compensatory and punitive damages with pre- and post-judgment interest. Case number: 12-C-879 Shawna Hardman vs. Mountain State University, Inc.; Charles H. Polk; and the Mountain State University Board of Trustees PA- Stephen P. New, S. Douglas Adkins; J- Carrie Webster * Hardman was admitted into Mountain State University's nursing programs for a Bachelors of Science in Nursing degree. She claims when she was admitted to the program, she was informed that the program was accredited by NLNAC and WVBRN, but later discovered the nursing program did not have full accreditation status. Hardman is seeking compensatory and punitive damages with pre- and post-judgment interest. Case number: 12-C-880 Lisa Gallimore vs. Mountain State University, Inc.; Charles H. Polk; and the Mountain State University Board of Trustees PA- Stephen P. New, S. Douglas Adkins; J- Jennifer Bailey * Gallimore was admitted into Mountain State University's nursing programs for a Bachelors of Science in Nursing degree. She claims when she was admitted to the program, she was informed that the program was accredited by NLNAC and WVBRN, but later discovered the nursing program did not have full accreditation status. Gallimore is seeking compensatory and punitive damages with pre- and post-judgment interest. Case number: 12-C-881 Jessica Curry vs. Mountain State University, Inc.; Charles H. Polk; and the Mountain State University Board of Trustees PA- Stephen P. New, S. Douglas Adkins; J- Charles E. King * Curry was admitted into Mountain State University's nursing programs for a Bachelors of Science in Nursing degree. She claims when she was admitted to the program, she was informed that the program was accredited by NLNAC and WVBRN, but later discovered the nursing program did not have full accreditation status. Curry is seeking compensatory and punitive damages with pre- and post-judgment interest. Case number: 12-C-882 Sabrina McKinney vs. Mountain State University, Inc.; Charles H. Polk; and the Mountain State University Board of Trustees PA- Stephen P. New, S. Douglas Adkins; J- Charles E. King * McKinney was admitted into Mountain State University's nursing programs for a Bachelors of Science in Nursing degree. She claims when she was admitted to the program, she was informed that the program was accredited by NLNAC and WVBRN, but later discovered the nursing program did not have full accreditation status. McKinney is seeking compensatory and punitive damages with pre- and post-judgment interest. Case number: 12-C-883 Scarlett Thompson vs. Mountain State University, Inc.; Charles H. Polk; and the Mountain State University Board of Trustees PA- Stephen P. New, S. Douglas Adkins; J- Carrie Webster * Thompson was admitted into Mountain State University's nursing programs for a Bachelors of Science in Nursing degree. She claims when she was admitted to the program, she was informed that the program was accredited by NLNAC and WVBRN, but later discovered the nursing program did not have full accreditation status. Thompson is seeking compensatory and punitive damages with pre- and post-judgment interest. Case number: 12-C-884 Lisa Woods vs. Mountain State University, Inc.; Charles H. Polk; and the Mountain State University Board of Trustees PA- Stephen P. New, S. Douglas Adkins; J- Paul Zakaib Jr. * Woods was admitted into Mountain State University's nursing programs for a Bachelors of Science in Nursing degree. She claims when she was admitted to the program, she was informed that the program was accredited by NLNAC and WVBRN, but later discovered the nursing program did not have full accreditation status. Woods is seeking compensatory and punitive damages with pre- and post-judgment interest. Case number: 12-C-885 Kevin Cook vs. Prime Insulation, Inc. and Appalachian Power Company ds/b/a American Electric Power PA- Guy R. Bucci, Mark A. Barney; J- James C. Stucky * On Sept. 14, 2010, Cook was directed to descend from his fifth floor work area by riding as a passenger in an elevator. Cook claims the elevator fell precipitously approximately 20 feet and stopped suddenly, resulting in injuries. Cook is seeking compensatory and punitive damages with pre- and post-judgment interest. Case number: 12-C-892 May 15 Donald Kinder vs. General Motors, LLC PA- Michael L. Glasser; J- Charles E. King * On May 28, 2011, Kinder purchased a 2009 GMC Sierra. Kinder claims the vehicle was defective. Kinder is seeking revocation of acceptance and refund of the purchase price of the vehicle and compensatory damages. Case number: 12-C-899 Andre Wilkinson vs. General Motors, LLC PA- Michael L. Glasser; J- Carrie Webster * On June 18, 2011, Wilkinson purchased a new 2011 GMC Sierra. He claims the vehicle was defective. Wilkinson is seeking revocation of acceptance and refund of the purchase price of the vehicle and compensatory damages. Case number: 12-C-900 May 16 Erin E. Rich vs. Huddleston Bolen, LLP PA- Kathryn Reed Bayless; J- Tod J. Kaufman * Rich became employed as an associate attorney at Huddleston Bolen in May 2002. She claims she was advised that as part of her partnership track, she was to be considered for partnership at the firm after 7.5 years, which would be at the end of the 2009 calendar year. On Dec. 20, 2010, she was told she would not be recommended for partnership. Rich claims the defendant applied a different standard for partnership to her because she had been pregnant twice and had missed work while on maternity leave. On Jan. 5, 2011, Rich resigned from her employment. Rich is seeking compensatory damages. Case number: 12-C-908 May 17 David L. McKain vs. Phyllis Gatson, as assessor of Kanawha County PA- pro se; J- Charles E. King * On Feb. 22 McKain made a Freedom of Information Act request to the defendant for residential review document data reports. McKain claims Gatson denied the request. McKain is seeking for the court to direct the defendant to provide him the requested information. Case number: 12-C-913 George M. Lewis vs. West Virginia Department of Health & Human Services PA- Patrick S. Cassidy, Timothy F. Cogan; J- Charles E. King * Lewis served as the County Medical Examiner for Ohio County. On March 20, 2011 he was injured in a fall and was unable to perform his job, so he went on medical leave until Aug. 8, 2011. He claims despite being released from medical leave, the defendant would not reinstate him to his job and terminated his employment. Lewis is seeking reinstatement and compensatory damages. Case number: 12-C-916 May 18 Mark Wilson vs. Sedgwick Claims Management Services, Inc. PA- G. Patrick Jacobs; J- James C. Stucky * Wilson was employed by the defendant from Nov. 19, 2007, until July 18, 2011. Wilson claims the defendant terminated his employment in violation of the West Virginia Human Rights Act. Wilson is seeking compensatory and punitive damages with pre-judgment interest. Case number: 12-C-925 Brian D. Caldwell and Sharon Caldwell vs. Newtown Energy, Inc.; Kanawha Eagle Coal, LLC; and Patriot Coal Corporation PA- Robert B. Warner, Lynnette Simon Marshall; J- Carrie Webster * On Aug. 3, 2010, Brian Caldwell was working as an employee of Newtown Energy and the Eagle Mine. During the course of his employment, Brian Caldwell was struck on the head and neck by a falling section of the mine roof and was injured. The Caldwells are seeking compensatory and punitive damages. Case number: 12-C-926

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