News from August 2015
Ohio Co. man accuses Arrowsmith of retaliatory firing
WHEELING—An Ohio County man is suing a corporation and its business manager, alleging breach of contract, violation of state code and outrageous conduct in his job termination.
Woman blames City of Mullens for injuries from manhole cover
PINEVILLE – A Wyoming County woman is suing a West Virginia water utility business and a municipal entity, alleging negligence in a personal injury.
Morrisey kicks off Back to School protection week
CHARLESTON – West Virginia Attorney General Patrick Morrisey is cautioning students heading off to school to make sure they take some necessary steps to protect their personal information from scammers. Morrisey issued this advice as part of his office’s second annual Back to School Consumer Protection Week. “Going off to school is an exciting time, but with this new independence, students should be extra careful to ensure they’re not opening themselves up to scammers,” Morrisey said in a pres
Authority, Triad answer Yeager Airport landslide complaint
CHARLESTON – Central Regional West Virginia Airport Authority and Triad Engineering have filed answers to a complaint filed against it because of the March landslide, while two other defendants filed motions to dismiss themselves from the lawsuit. Meanwhile, airport officials want to keep the case in Kanawha Circuit Court rather than having it removed to federal court. Yeager officials say removing the case to federal court could delay work on the runway in wake of the March 12 landslide.
Former Charleston attorney named in another negligence suit
CHARLESTON - Another lawsuits has been filed against former Charleston Attorney R. Michael Martin for negligence. Stephanie Kardos and Robert Kardos are former clients of Michael Martin & Associates and R. Michael Martin, according to a complaint filed in Kanawha Circuit Court.
Charleston woman says she was injured entering Kohl's
CHARLESTON – A Charleston woman is suing Environmental Management Inc. after she claims she was injured on its property. THF Management Inc. also was named as a defendant in the suit. On July 13, 2013, Vicki Lee Parsons was attempting to enter the Kohl's department store in South Charleston and approached the double doors to the right of the store, when she stepped onto the sidewalk and her feet violently went out from underneath her, according to a complaint filed in Kanawha Circuit Court. P
Couple blames Charleston Sanitary Board for loss of property value
CHARLESTON – A couple is suing the Sanitary Board of the City of Charleston after they claim a sewer line project caused them a loss of property value. The City of Charleston; West Virgnina-American Water Company; Burgess & Niple Inc.; and Pipe Plus Inc. also were named as defendants in the suit. In fall 2014, Bruce Holsclaw and Susan Holsclaw discovered the hillside south of their house showed signs of instability, subsidence, cracking or sliding as the result of unstable earth conditions whi
Kanawha woman says Valley Center, CAMC were negligent in care
CHARLESTON – A Kanawha County woman is suing Genesis Healthcare for negligence and failing to properly care for her family member. Charleston Area Medical Center Inc. and 1000 Lincoln Drive Operations LLC, which is doing business as Valley Center, were also named as defendants in the suit. Richard Malcomb was admitted to CAMC from June 16, 2013, to July 31, 2013, and from Aug. 12, 2013, to Aug. 22, 2013, according to a complaint filed in Kanawha Circuit Court. Teresa Malcomb claims upon admis
Four individuals accuse Viking Energy of trespassing
CHARLESTON – Four individuals are suing Viking Energy Corporation after they claim the company trespassed on their properties. M&S Properties LLC also was named as a defendant in the suit. Denver Davis, Donna Sue Davis, Gary Shaffer and Patti Lee Shaffer own real property in Poca, according to a complaint filed in Kanawha Circuit Court. The plaintiffs claim they have not granted waste injection rights to Viking or any other party and none of their parcels of property are subject to any party'
Humphreys associate fights order to force deposition
CHARLESTON – Attorneys accused of failing to pursue an elderly couple’s flood claims and covering it up for over 10 years are asking the state Supreme Court to prevent enforcement of an order forcing one of them to testify about the case. Attorneys representing Jim Humphreys, James F.
Charleston woman sues Princess Nails & Spa for nail infection
CHARLESTON – A Charleston woman is suing Princess Nails & Spa after she claims her daughter suffered an infection due to a manicure performed at the salon. Cuong Khac Nghi was also named as a defendant in the suit. On April 18, Audrey Moles sustained an injury while getting a manicure at Princess that was performed by Nghi, according to a complaint filed in Kanawha Circuit Court. Joey Moles claims her daughter suffered a severe and life-threatening infection in one of her hands. Audrey Moles
Couple sues Maximus for wrongful termination, discrimination
CHARLESTON – A Kanawha County woman and her husband are suing Maximus Inc. for discrimination and wrongful termination. Policy Studies Inc. and Dawn Gelle also were named as defendants in the suit. Christina Orcutt was employed by the defendants from Oct. 13, 2008, until July 9, 2013, according to a complaint filed in Kanawha Circuit Court. Orcutt claims she was routinely questioned and harassed about her mental health by her co-workers and supervisory employees. The plaintiff reported the r
Woman blames hemorrhage on wrong prescription from CVS
CHARLESTON – A Kanawha County woman is suing West Virginia CVS Pharmacy LLC after she claims the pharmacy gave her the wrong medication. An unknown and unnamed pharmacist also was named as a defendant in the suit. On March 11, Maretta Burns presented to her family physician with complaints of anxiety and elevated blood pressure and she was prescribed Lozol 2.5 mg daily for 90 days, according to a complaint filed in Kanawha Circuit Court. Burns claims the next day, she took the prescription to
Woman accuses Genesis Healthcare of nursing home negligence
CHARLESTON – A woman is suing Genesis Healthcare for negligence and the wrongful death of her family member. Genesis Healthcare LLC; Genesis Operations LLC; Glenmark Associates Inc; Saddle Shop Road Operations LLC; John Does 1 through 10; and Unidentified Entities 1 through 10, as to Hilltop Center, were all named as defendants in the suit. On March 26, 2011, Gladys Cottle was admitted to Hilltop Center and remained a resident there until April 9, 2014, according to a complaint filed in Kanawh
Pedestrian plunges into ruptured pavement, blames construction business
HINTON – A North Carolina resident is suing a Pennsylvania building firm doing business in West Virginia claiming premises negligence in a 2013 construction-related sidewalk accident.
Morrisey, other AGs seek stay of EPA Clean Power Plan deadlines
CHARLESTON – West Virginia Attorney General Patrick Morrisey, leading a coalition of 15 state Attorneys General, has filed a petition asking a court to issue an emergency stay to postpone deadlines imposed by the U.S.
Wal-mart prescription caused woman's liver damage, couple claims
CHARLESTON – A Raleigh County couple is suing Wal-mart Stores East LP after they claim a pharmacist failed to question a prescription, which caused a permanent liver injury. Wal-mart Stores Inc. and an unknown individual were also named as defendants in the suit. On Sept. 2, Minda Eye presented to the Wal-mart Pharmacy to have a prescription for Cefdinir 600 mg filled after she had been to see her family physician with complaints of sinusitis and upper re
Boone Co. woman sues two physicians for sister's death
CHARLESTON – A Boone County woman is suing two physicians she claims are responsible for her sister's death. Drs.
Woman blames Kanawha Co. ambulance authority for injuries
CHARLESTON – A Sissonville woman is suing Kanawha County Emergency Ambulance Authority after she claims it was negligent and caused her injuries. On Feb. 13, 2014, Sandra Nelson was sick with vomiting, diarrhea and weakness and her physical condition, ailments and weight prevented her from ambulating independently, according to a complaint filed in Kanawha Circuit Court. Nelson claims KCEAA was dispatched to her home to transport her to the hospital by ambulance, however, KCEAA's agents, serva
Man accuses W.Va. State R&D Corp. of wrongful termination
CHARLESTON – A Putnam County man is suing West Virginia State University Research & Development Corporation after he claims he was wrongfully terminated from his employment William Woodrum also was named as a defendant in the suit. Scott C.