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WEST VIRGINIA RECORD

Monday, March 18, 2024

CIVIL FILINGS: Kanawha County

Aug. 3
Kimberly Hunt 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
* Hunt was a student of the defendants. She claims the defendants failed to keep her informed about the nursing school's accreditation. Hunt is seeking compensatory and punitive damages.
Case number: 12-C-1561

Traci McClanahan and Charles McClanahan vs. Charleston Area Medical Center, Inc. and G. Stephen Dawson, M.D.
PA- Richard D. Lindsay, Matthew C. Lindsay; J- Jennifer Bailey
* On July 22, 2010, the defendants negligently cared for Traci McClanahan. The McClanahans are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1562

Delbert L. Rose vs. D's Tasty Freeze and Dennis R. Dodd
PA- David R. Pence, Todd S. Bailess; J- James C. Stucky
* On Oct. 4, 2010, Rose was a customer of the defendants. Rose claims after paying for his meal, he exited the dining room area and proceeded to the parking lot, where Dodd confronted him and ordered him to remove his vehicle from the parking lot. Rose claims Dodd maliciously and willfully assaulted and violently battered him. Rose is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1564

Aug. 6
Joseph Utt vs. James Beswick Jr. and Baker Hughes Oilfield Operations, Inc.
PA- Robert B. Warner, Tammy Bowles Raines, Travis M. Miller; J- Charles E. King
* On June 14, 2011, Utt claims he was traveling north on W.Va. 2 in Marshall County when Beswick, who was an employee of Baker Hughes, failed to yield right of way as he attempted o turn left onto Woodlands/Graysville Road, crashing into Utt's vehicle. Beswick's blood alcohol content was .116 on the field sobriety test. Utt is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1574

Jared Sweeney vs. James Beswick Jr. and Baker Hughes Oilfield Operations, Inc.
PA- Robert B. Warner, Tammy Bowles Raines, Travis M. Miller; J- Paul Zakaib Jr.
* On June 14, 2011, Sweeney was a passenger in a vehicle being driven by Joseph Utt traveling north on W.Va. 2 in Marshall County when Beswick, who was an employee of Baker Hughes, failed to yield right of way as he attempted o turn left onto Woodlands/Graysville Road, crashing into the vehicle. Beswick's blood alcohol content was .116 on the field sobriety test. Sweeney is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1576

Kristi Brooks vs. Kanawha Valley Homes, Inc. d/b/a Oakwood Terrace Apartments and Oakwood Terrace Apartments
PA- Henry E. Wood III; J- Louis H. Bloom
* On Aug. 16, 2010, Brooks exited her apartment and proceeded onto the front porch and/or sidewalk area when soon thereafter another tenant negligently discharged a firearm and caused her injuries. Brooks is seeking compensatory and punitive damages.
Case number: 12-C-1577

Aug. 7
Bonnie Morris, executrix of the Estate of John Charles Justice vs. State of West Virginia Regional Jail and Correctional Facility Authority; Primecare Medical of West Virginia, Inc.; K. Estep; M. Castleman; B. Marcum; and J. Hatfield
PA- Michael C. Walker, Bert Ketchum; J- James C. Stucky
* Justice was arrested by the West Virginia State Police at approximately 6 a.m. on Aug. 14, 2010, on a misdemeanor charge of allegedly reporting a false emergency incident. Prior to his arrest, Justice exhibited strange and unusual behavior and at approximately 9:40 p.m. on Aug. 15, 2010, Justice was found unresponsive in his holding cell and was pronounced dead. Morris is seeking compensatory and punitive damages.
Case number: 12-C-1581

Aug. 8
Leisa Pauley vs. Summit Financial Group, Inc.; Summit Community Bank, Inc.; and Jared Burdette
PA- Maria W. Hughes, Mark Goldner; J- Jennifer Bailey
* Pauley was employed by the defendants from Sept. 22, 2008, until Feb. 15, 2011. She claims she performed her job in an excellent manner, at one point ranking fifth in customer services in all of the defendants' locations in West Virginia. Pauley claims during her employment she was subjected to a hostile work environment and disparate treatment because of her age. Pauley is seeking compensatory and punitive damages.
Case number: 12-C-1588

Marquis R. Watson vs. KJ Group, LLC
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III, G. Patrick Jacobs; J- Louis H. Bloom
* Watson went to the defendant's Cross Lanes location in April or May 2011 and submitted a written application for employment. He claims after not hearing back from the defendants, he contacted Wade Shaffer to see if he knew what was occurring with the hiring process. He claims he was told he would not be employed by the defendant because KJ Group was not longer employing African Americans. Watson is seeking compensatory and punitive damages.
Case number: 12-C-1591

Aug. 9
Shawn Sexton vs. Loomis Armored US, LLC d/b/a Loomis, Fargo & Co. and Mike Young
PA- Jonathan R. Mani; J- Carrie Webster
* On Aug. 12, 2010, Sexton was performing his job duties as a coin clerk at the defendants' Bream Street location. Sexton claims while operating a hand-truck, his left foot was run over and his supervisors, including Young, sequestered him and directed him to fill out paperwork representing that he had been trained in hand-truck operation safety and to back-date the paperwork. Sexton is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1593

Henry Martin vs. Neiswonger & White Law Offices and David C. White, individually and as an employee of Neiswonger & White Law Offices
PA- Robert J. Frank; J- James C. Stucky
* Martin retained the defendants to represent him in a lawsuit against the West Virginia Racing Commission. He claims the defendants took no steps whatsoever to prosecute the lawsuit they had filed on his behalf and the case was dismissed because there was no activity in the actions for a period of more than one year. Martin is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-1594

Peggy Hall vs. Charleston Town Center Company, Limited Partnership
PA- Michael J. Del Giudice; J- Louis H. Bloom
* On Aug. 19, 2010, Hall went to the restroom at Charleston Town Center when she slipped in a puddle of water that was created from a toilet that had overflowed and was injured. Hall is seeking compensatory damages.
Case number: 12-C-1597

Aug. 10
Meredith McNabb vs. Everest Institute-Cross Lanes and Corinthian Schools, Inc. d/b/a Everest Institute at Cross Lanes
PA- Henry E. Wood III; J- Louis H. Bloom
* On Aug. 23, 2010, McNabb was enrolled as a student studying medical assisting at the defendants' Cross Lanes location and was required to act the role of a patient and be on an examining table several feet above the ground. She claims when she was attempting to get up from the table, she placed both feet on the step and tripped and fell to the floor. McNabb is seeking compensatory damages.
Case number: 12-C-1601

Roger E. Elkins vs. Appalachian Power Company; Asplundh Tree Expert Co.; and John Doe, individually and as an employee of Asplundh Tree Expert Co.
PA- Richard E. Hardison Jr., Tim C. Carrico; J- James C. Stucky
* On Aug. 11, 2010, after a thunderstorm had moved through the area, Elkins went to an outbuilding on his residential property where he maintained a workshop, and when he grabbed the door knob to open the door, he was electrically shocked and thrown approximately 20 feet back from the building. Elkins claims as a result of the explosion, the workshop building exploded at the same time he had grabbed the door knob. Days before the explosion occurred, Elkins had verbally complained to an employee of Asplundh known by the name of "Chico" that there were trees and plant growth entwined into the power lines near the outbuilding. Elkins is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1603

Aug. 13
Rickie Lee Durham and Priscilla Durham vs. Halliburton Energy Services, Inc. and John Doe
PA- Christopher J. Regan, Jeremy M. McGraw; J- Charles E. King
* On Oct. 5, 2011, Rickie Lee Durham was dispatched by ACME Truck Lines to the Halliburton facility to pick up and then delivery goods and equipment including 18-foot long and 8-inch diameter steel pipes referred to as stabilizers. Rickie Lee Durham claims Doe raised a load of stabilizers too high to be safely loaded onto his tractor trailer and the stabilizers fell from the forklift, one of which crushed his right foot. The Durhams are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1604

Sheila Perkins, individually and as mother and next friend of Brianna Smith, an infant
PA- Marvin W. Masters, Charles M. Love IV; J- Charles E. King
* On Dec. 19, 2011, Smith fell and became seriously injured when a rug or mat became bunched at the entrance of Dunbar Intermediate School. Perkins is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-1609

Aug. 14
Deborah Hawthorne, Kristy Bias, Kayla Phillips, Brittany Lewis, Rebecca Polk, Cherri Porter, Laila Richards, Ginger Smith, Heidi Lee, Dina Joy, Valerie Sparks, Victoria Younis, Brandy Stowers, Kim Stanton, Kim Rittenhouse, Nellie Sigman, Amanda Morris, Teresa Metz, Michael Boyd, Victoria King, Kimberly Matias, Linda Runion and Mary Jo Sams 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- Paul Zakaib Jr., Jennifer Bailey, James C. Stucky, Charles E. King, Louis H. Bloom, Carrie Webster, Tod Kaufman
* The 23 defendants were students of the defendants. They claim the defendants failed to keep them informed about the nursing school's accreditation. The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1615, 12-C-1616, 12-C-1617, 12-C-1618, 12-C-1619, 12-C-1620, 12-C-1621, 12-C-1622, 12-C-1623, 12-C-1624, 12-C-1625, 12-C-1626, 12-C-1627, 12-C-1628, 12-C-1629, 12-C-1630, 12-C-1631, 12-C-1632, 12-C-1633, 12-C-1634, 12-C-1635, 12-C-1636, 12-C-1637

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