CIVIL FILINGS: Kanawha County

July 31
Terry D. Powell vs. the West Virginia Department of Transportation-Division of Highways
PA- David M. Grunau; J- Jennifer Bailey
* Powell was employed by the defendant and in August 2009 he was diagnosed with severe chronic obstructive pulmonary disease and was only able to perform restricted duties due to the disease. The initial accommodation provided to Powell was not sufficiently restricted for his condition and on Oct. 26, 2009, he was placed on medical leave of absence without, according to the suit. Powell claims he was able to return to work with a new position on May 9, 2011, but was subjected to disability discrimination and was without pay through May 2011. He is seeking compensatory damages.
Case number: 12-C-1512

Brian Keith Anderson vs. Speed Mining, LLC
PA- pro se; J- Jennifer Bailey
* Anderson claims the defendant discharged him on June 20, but failed to pay his final wages within 72 hours of discharge. Anderson is seeking damages in the amount of $13,163.40.
Case number: 12-C-1516

Eric Withrow, Billie Blankenship, Kari Murphy, Beverly Costello, Crystal Carpenter, Tammy Rush, Falynn Tucker, Barry Detwiler, Monica Miles, Betty Rose, Jeremiah Kingori, Donna Crites, Michael Baker, Tina Brogan, Betty Auville and Joanne Rider vs. Mountain State University, Inc.; Charles Polk; and Mountain State University Board of Trustees
PA- William Druckman, Madonna Estep, John P. Fishwick Jr., Monica L. Mroz; J- Tod J. Kaufman, Jennifer Bailey, James C. Stucky, Carrie Webster, Charles E. King, Louis H. Bloom, Paul Zakaib Jr.
* The 16 plaintiffs claim the defendants were negligent in keeping them informed about the university's accreditation issues during their educations. They are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1517, 12-C-1518, 12-C-1519, 12-C-1520, 12-C-1521, 12-C-1522, 12-C-1523, 12-C-1524, 12-C-1525, 12-C-1526, 12-C-1527, 12-C-1528, 12-C-1529, 12-C-1530, 12-C-1531, 12-C-1532

Samantha Simms vs. Sahara Tanning Salon, Inc.; Ghassan Assi; and Ibrahim Fawaz
PA- Lia DiTrapano Fairless, Elizabeth G. Kavitz; J- James C. Stucky
* On April 13, Simms visited the defendants' location in Hurricane for a tanning session. Simms claims after the session, she opened and climbed out of the tanning bed and began to dry herself before getting dressed due to perspiration caused by the heat of the tanning bed, when she noticed what appeared to be a light reflecting in the upper corner of the mirror. Simms claims when she turned around, she saw a ceiling tile out of place and a few men working in the ceiling above her tanning room, so she quickly dressed and informed the worker at the front desk of the men watching her and asked to speak to the manager, but was told no one was available to speak to her. Simms is seeking compensatory and punitive damages.
Case number: 12-C-1533

Aug. 1
Elaine Williams, Nicole Browning, Tammy Rogers, April Harvey, JoDonna Fitzwater, Kathy Whitney, Rhonda Hobson and Ginger Short vs. Mountain State University, Inc. and the Mountain State University Board of Trustees
PA- Robert B. Warner, Tammy Bowles Raines; J- Paul Zakaib Jr., Tod J. Kaufman, Carrie Webster, Charles E. King
* The eight plaintiffs claim the defendants were negligent in keeping them informed about the university's accreditation issues during their educations. They are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1536, 12-C-1537, 12-C-1538, 12-C-1539, 12-C-1540, 12-C-1541, 12-C-1542, 12-C-1543

Lisa L. Crawford vs. General Motors, LLC
PA- Patrick Lane; J- Louis H. Bloom
* On Aug. 1, 2009, Crawford purchased a 2009 Chevrolet Cobalt from GM in the amount of $18,404. She claims after purchasing the vehicle, she experienced repeated problems with the quality of workmanship of the vehicle. Crawford claims the defendant attempted to repair the vehicle on at least five separate occasions, but the defendant failed to remedy the problem. Crawford is seeking revocation of the acceptance of the vehicle and refund of the purchase price; repair costs; and damages for loss of use, annoyance and inconvenience and for expenses incurred for replacement transportation with pre- and post-judgment interest.
Case number: 12-C-1544

Thomas S. Wikel vs. Columbia Gas Transmission, LLC and ThyssenKrupp Elevator Corporation
PA- D. Scott Tyree; J- Paul Zakaib Jr.
* While during the course of his employment with Pepsi Bottling Company, on Aug. 12, 2010, Wikel was directed and instructed by an agent of Columbia Gas to use a freight elevator when making deliveries. Wikel claims while in the freight elevator, the elevator doors crushed his right hand and wrist. Wikel is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1545

Marqullous D. Martin vs. KJ Group, LLC
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III, G. Patrick Jacobs; J- Tod J. Kaufman
* Martin claims the defendant refused him employment based on his race. Martin is seeking compensatory and punitive damages.
Case number: 12-C-1546

Aug. 2
Rex Kuhl and Karen Kuhl vs. East Coast Pool Designer, LLC and Jason Mullholland
PA- Cameron S. McKinney, David L. Grubb; J- Paul Zakaib Jr.
* The Kuhls contracted with the defendants to install their in-ground pool for the contract price of $12,000. The Kuhls claim the defendants deviated from the work promised in the initial contract and performed sub-standard work, causing additional damage to their property. The Kuhls are seeking compensatory and punitive damages.
Case number: 12-C-1554

Terry Beard and David Crawford, on behalf of themselves and all others similarly situated vs. Walter Energy, Inc. and Maple Coal Co.
PA- Kristina Thomas Whiteaker, David L. Grubb; J- Charles E. King
* In 2012, the defendants announced reductions in their employee workforce. The plaintiffs claim they were informed on March 24 that they were laid off from work, but the defendants should have paid all wages owed by the next regular payday following the effective dates of their layoffs, but failed to do so. Beard and Crawford are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1555

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