CIVIL FILINGS: Berkeley County

July 31
German American Capital Corporation vs. D&G Developers, Dewey H. Whitmore; Dewey A. Whitmore; Vivian L. Whitmore; Patrick A. Whitmore; Gary W. Dove and Gary W. Dove LLC
PA-Charles F. Printz; J-Gray Silver, III
* Plaintiff claims defendants owe three different past due accounts: (1) $6,933,279.77 plus interest; (2) $415,270.23 plus interest; and (3) $164,454.62 plus interest.
Case number: 12-C-621

Aug. 1
Brittany Rickets vs. Big Lots Stores, Inc. and Kirk Harris
PA-Susan Thompson; J-Christopher Wilkes
* Plaintiff she was sexually harassed by the individual defendant, a manager at Big Lots, which she reported to Big Lots, Inc., who, she says, did not address the issue. In September 2011, after a highly publicized sexual harassment suit was filed against Big Lots, the plaintiff was accused of sending photos of male genitals to a male employee. Plaintiff alleges she was terminated without an investigation into the allegations; the person making the complaint was then moved into her management position. Plaintiff claims defamation of character, failure to pay in timely manner and seeks punitive and other damages as well as reinstatement.
Case number: 12-C-623

Aug. 2
FIA Card Services NA vs. Mark L. McDonald
PA-Edna Jenelle Coulter; J-Gray Silver, III
* Plaintiff claims defendant owes at least $26,984.35 for past due credit agreement.
Case Number: 12-C-624

Dorothy Pike and Jennifer Conway Walters vs. Cracker Barrel Old Country Store Inc, Cleveland Range LLC and Bridget Lowe
PA-Nathan P. Cochran; J-Gray Silver, III
* Plaintiffs claim they were employed at Cracker Barrel in Martinsburg and had informed management of unsafe conditions with a Cleveland Steam Kettle. On Sept. 10, 2010, Pike was using the steam kettle as part of her duties. Walters stopped to talk to Pike and the kettle tipped over dousing both with scalding water. Pike suffered severe injury with five weeks in the hospital while Walters suffered burns on her foot. Plaintiffs allege that Lowe came to the hospital to see Pike and attempted to have Pike sign a release for Cracker Barrel's responsibility and threatened her job. Plaintiffs claim negligent conduct, unsafe work environment and seek actual and punitive damages, costs, fees and other remedies as may be determined at trial.
Case number: 12-C-636

Dorothy Pike and Jennifer Conway Walters vs. Cracker Barrel Old Country Store Inc, Cleveland Range LLC and Bridget Lowe
PA-Nathan P. Cochran; J-Gray Silver, III
* Plaintiffs claim they were employed at Cracker Barrel in Martinsburg and had informed management of unsafe conditions with a Cleveland Steam Kettle. On Sept. 10, 2010, Pike was using the steam kettle as part of her duties. Walters stopped to talk to Pike and the kettle tipped over dousing both with scalding water. Pike suffered severe injury with five weeks in the hospital while Walters suffered burns on her foot. Plaintiffs allege that Lowe came to the hospital to see Pike and attempted to have Pike sign a release for Cracker Barrel's responsibility and threatened her job. Plaintiffs claim negligent conduct, unsafe work environment and seek actual and punitive damages, costs, fees and other remedies as may be determined at trial.
Case number: 12-C-637

Aug. 8
Aubrey L. Gibson, as administrator of the Estate of Sandra Louise Gibson and Aubrey L. Gibson, individually vs. Patricia Ann Grove and Anthem Health Plan of West Virginia Inc.
PA-Ralph C. Buss; J-Christopher Wilkes
* Plaintiff claims that on May 5, 2012, Defendant Grove was operating a vehicle negiglently which caused a collision with plaintiff's motorcycle, causing Sandra Gibson to be ejected. Mrs. Gibson subsequently died from her injuries. Mr. Gibson sustained multiple injuries. Plaintiff claims loss of care, comfort, companionship and consortium. Plaintiff seeks compensation for all actual damages and any other compensation as may be determined by the court to compensate for all losses.
Case number: 12-C-638

Aug. 13
Wendy Casto vs. City Hospital, Inc.
PA-Harry P. Waddell; J-Gray Silver, III
* Plaintiff alleges she was terminated from her employment because she raised concerns over what she saw as unsafe practices in her work at the hospital. She claims she had never had a poor evaluation or any disciplinary action prior to termination. Plaintiff claims retaliation and discrimination, wrongful discharge and seeks reinstatement, lost earning, past and future and any other judgment to be determined at trial.
Case number: 12-C-648

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