CIVIL FILINGS: Kanawha County

June 18
Daniel S. Rainey and Lori Raine vs. Charles D. Crigger, M.D.; and Crigger & Associates ENT, PLLC
PA- Arden J. Curry; J- Louis H. Bloom
* Beginning in January 2008, Crigger began seeing Daniel Rainey for hearing loss complaints. The plaintiffs claim Crigger performed at least three audiograms which noted nerve loss hearing in his left ear, but despite the findings, Crigger failed to adequately investigate Daniel Rainey's asymmetrical hearing loss. The plaintiffs are seeking compensatory damages with pre-judgment interest.
Case number: 12-C-1136

June 19
Tressie Burdette vs. Dunbar Athletic Boosters Club Incorporation
PA- John R. Mitchell; J- Carrie Webster
* On June 19, 2010, Burdette slipped on water in the doorway of the defendant's business and was injured. Burdette is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-1145

June 21
Barry S. Brown, executor of the estate of Ralph Gary Brown vs. A.K. Steel Corporation; A.W. Chesterton Company; Amdura Corporation; et al
PA- Bronwyn I. Rinehart, Victoria L. Antion, Scott A. McGee; J- visiting
* Barry Brown claims the 45 defendants are responsible for Ralph Brown's lung cancer and death. He is seeking a jury trial to resolve all issues involved.
Case number: 12-C-1151

June 22
Cory Neal vs. American Driveline Center, Inc.; Baldwin Auto Parts, Inc.; Baldwin Auto Parts, Inc. d/b/a Kanawha Valley Towing & Recovery; John "Owner of American Driveline Centers, Inc." Doe; and David Carruthers
PA- Cynthia M. Ranson, J. Michael Ranson; J- Charles E. King
* Neal and his wife and children moved to South Charleston on May 1 to live near family. On May 7, Neal's vehicle broke down and was towed to American Driveline Centers by Abbott's Towing after regular business hours. After discussing the cost of repairs with American Driveline the following day, Neal explained that he would try to get the funds together and was assured that the defendant did not have a problem with the vehicle being left on the premises. Neal claims on June 15 he discovered his car was gone and that it had been sold to a towing company in Sissonville. Neal is seeking the fair market value of his vehicle and the electronics in his vehicle; compensatory damages; punitive damages; and pre- and post-judgment interest.
Case number: 12-C-1180

June 25
Jennifer Rose vs. McDonald's Corporation and Sarah Wiseman
PA- S. Brooks West II; J- Charles E. King
* On April 9, Rose was in the restroom of the South Charleston McDonald's when a metal toilet paper holder fell and slammed into her head, causing her serious injuries. Rose is seeking compensatory and punitive damages.
Case number: 12-C-1186

David W. Aldridge and Brandi Aldridge vs. Advance Stores Company, Inc. d/b/a Advance Auto Parts
PA- Bruce L. Freeman; J- James C. Stucky
* On Feb. 13, David Aldridge was on the defendant's premises when he slipped and fell on the floor. The couple is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-1189

June 27
Diana Oxley vs. General Nutrition Corporation and Kirstie Meadows
PA- William M. Tiano; J- James C. Stucky
* Oxley was an assistant manager of GNC in Beckley and had been employed by the company for 30 years prior to termination. Oxley claims the defendants terminated her employment due to a cash handling violation and falsification of company documents involving failure to account for a check made payable to GN in the amount of $173.75 on Dec. 29, 2011. Oxley claims her employed was terminated based on her age and gender. Oxley is seeking back pay; reinstatement; and compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1200

Melissa LeMaster and Garrett LeMaster vs. General Motors Corporation and C&O Motors
PA- David L. Grubb, Cameron S. McKinney; J- Paul Zakaib Jr.
* On Nov. 1, 2010, the LeMasters purchased a 2011 Chevy Cruze from the defendants. They claim the vehicle was defective. The LeMasters are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1202

Jesse Starcher, father of Christian Dawn Starcher Seabolt vs. West Virginia State Police; Roane County 911 Center; and the City of Spencer
PA- David Karr Jr.; J- Paul Zakaib Jr.
* Seabolt went missing in Roane County in August 2002 and her skeletal remains were found near the Roane County/Wirt County line in December 2009. Starcher claims he requested the defendants to produce certain records pursuant to the Freedom of Information Act that the defendants refused to give him. Starcher is seeking for the court to require the defendants to deliver the requested information.
Case number: 12-C-1204

Lawrence Edward Miller and Clara Faye Miller vs. A.K. Steel Corporation; A.W. Chesterton Company; CBS Corporation; et al
PA- Bronwyn I. Rinehart, Victoria L. Antion, Scott A. McGee; J- visiting
* The Millers claim the 42 defendants are responsible for Lawrence Miller's lung cancer. The Millers are seeking a jury trial to resolve all issues involved.
Case number: 12-C-1205

Joshua Kessler vs. Norfolk Southern Railway Company
PA- Michael K. Wallace, Paul G. Moody; J- James C. Stucky
* On Jan. 4, 2008, Kessler was employed by Norfolk as a conductor trainee and was tasked with switching cars from one place to another. Kessler claims he was switching a tank car when a substance believed to be hydrochloric acid leaked from an overhead pipe onto him and caused him to suffer serious injuries to his face, mouth and teeth. Kessler is seeking compensatory damages.
Case number: 12-C-1210

June 28
Felicia Fields vs. NGK Spark Plugs (U.S.A.), Inc.; James Ramos; and Carla Norvell
PA- Matthew S. Criswell, Mark L. French, Steven M. Condaras; J- Louis H. Bloom
* Fields claims in October 2010 she began working for NGK as a temporary employee working with Kelly Services. In December 2010, Ramos began a course of conduct to sexually harass Fields. On Jan. 5, Norvell took over Ramos' position as Fields' supervisor. Fields claims the defendants created a hostile work environment and on June 7, she could no longer tolerate the abusive working conditions and resigned from her employment. Fields is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1215

June 29
Rosalie G. Dunmire vs. Kanawha Valley Regional Transportation Authority
PA- R. Michael Martin; J- Carrie Webster
* On June 29, 2010, Dunmire was riding as a guest passenger in a KRT bus when the bus was operated in a negligent manner and she was injured. Dunmire is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-1221

Amy McGrew vs. West Virginia Division of Natural Resources and Rex Cassell
PA- Paul M. Stroebel; J- James C. Stucky
* McGrew is employed by the defendant as a locomotive fireman at Cass Scenic Railroad. She claims Cassell is her supervisor and has sexually harassed her on numerous occasions. McGrew is seeking compensatory and punitive damages.
Case number: 12-C-1222

Kelli Hagerman vs. Cowie Management Corporation d/b/a Suzi's Hamburgers and James Cowie Jr.
PA- Paul M. Stroebel; J- Carrie Webster
* Hagerman was employed by the defendant. She claims Cowie made unwelcome sexual remarks, physical contact and physical advances toward her. Hagerman is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1223

July 3
Nicholas D. Smith vs. Premier Preowned, LLC
PA- Cameron S. McKinney, David L. Grubb; J- Charles E. King
* On Dec. 16, 2011, Smith entered into a motor vehicle purchase contract with the defendant for the purchase of a 2002 Subaru Impreza. He claims the vehicle was defective. Smith is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1228

Cynthia L. Smith vs. Capital One
PA- G. Nicholas Casey Jr., Spencer D. Elliott; J- Tod J. Kaufman
* Smith claims the defendant has engaged in repeated violations of the West Virginia Consumer Credit and Protection Act. She is seeking compensatory and punitive damages.
Case number: 12-C-1232

Daniel E. Faucett vs. KJ Group, LLC
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III; J- James C. Stucky
* Faucett is an African American male who applied for a job with the defendant in April or May 2011. Faucett claims after not hearing back from the defendant, he contacted Wade Shaffer, a manager who worked with the defendant, to see if he knew what was happening with the hiring process. Faucett claims Shaffer informed him that he would not be employed because KJ Group had made it known to managers that it would no longer be employing African Americans. Faucett is seeking compensatory and punitive damages.
Case number: 12-C-1234

Sharon Belcher and Arthur Belcher, her husband vs. Faith DeLung and Performance Foods Corporation d/b/a Long John Silver's
PA- Kathy A. Brown; J- Charles E. King
* On June 1, Sharon Belcher was dining at Long John Silver's in Charleston when she slipped and fell due to grease that was around her table. The Belchers are seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-1236

July 5
Tammy Horn, administratrix of the estate of Franklin Delno Hensley vs. 3M Company; A.O. Smith Corporation; A.W. Chesterton Company; et al
PA- Bronwyn I. Rinehart, Victoria L. Antion, Scott A. McGee; J- visiting
* Horn claims the 64 defendants are responsible for Hensley's lung cancer and death. She is seeking a jury trial to resolve all issues involved.
Case number: 12-C-1249

Alexander M. Colangelo and Lisa Colangelo, his wife vs. 20th Century Glove Corporation of Texas; Air & Liquid Systems Corporation; Ajax Magnethermic Corporation; et al
PA- David P. Chervenick, Bruce E. Mattock, Lee W. Davis, Scott S. Segal; J- Jennifer Bailey
* The Colangelos claim the 143 defendants are responsible for Alexander Colangelo's asbestosis and colon cancer. They are seeking a jury trial to resolve all issues involved.
Case number: 12-C-1251

Linda Boggess vs. Par Mar License Holding Company d/b/a Par Mar Oil Company, Inc. #27
PA- Kathy A. Brown; J- Charles E. King
* On May 30, Boggess was exiting the Par Mar gas station in St. Albans when she slipped on a floor mat and her right foot hit a broken hole in the cement sidewalk, which caused her to fall and sustain injuries. Boggess is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-1255

July 6
Delores Balentine and Phillip D. Balentine vs. Marriott International, Inc. and VIM, Inc.
PA- Timothy R. Conaway, Judson C. MacCallum; J- Louis H. Bloom
* On Dec. 15, 2011, Delores Balentine was a guest in a room of the defendant's Residence Inn by Marriott when she fell and suffered a fracture of the right humerus, a sprained right rotator cuff, torn right thumb nail and a contusion on her right hip. The Balentines are seeking compensatory damages.
Case number: 12-C-1260

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