News from July 2015
Mercer County woman sues JCPenney for injuries
CHARLESTON – A Mercer County woman is suing JCPenney after she claims she was injured on its property. On June 13, 2013, Laura McNeely was at JCPenney in the Mercer Mall and was shopping when she was injured, according to a complaint filed in Kanawha Circuit Court. McNeely claims she was walking through the department store and was on her way to the beauty salon when her shoe got stick between two uneven tiles and she tripped. When McNeely tripped, she fell to the ground, striking her face an
Couple blames Save-A-Lot for woman's injuries
CHARLESTON – A Kanawha County woman and her husband are suing Save-A-Lot of St. Albans after they claim she was injured on their property. Hoffman Grocery Inc. is doing business as Save-A-Lot of St. Albans. On Aug 24, Drema.
Woman sues Charleston Sanitary Board for loss of property value
CHARLESTON – A Charleston woman is suing the City of Charleston Sanitary Board after she claims it is responsible for her loss of property value. The City of Charleston, West Virginia-American Water Company, Burges & Niple Inc. and Pipe Plus Inc. were also named as defendants in the suit. Amanda O'Dell purchased property in August and discovered that the hillside south of the retaining wall showed signs of instability or sliding as the result of unstable earth conditions, according to a compla
Segal, Davis selling their Kanawha City mansion
CHARLESTON – Looking for a new home? Here’s one to consider: A 20,000-square-foot home with eight bedrooms and 13 bathrooms. The 17-acre estate also features an infinity swimming pool, a tennis court, a carriage house and spectacular views of downtown Charleston. That mansion, which was built by West Virginia Supreme Court Justice Robin Jean Davis and attorney Scott Segal in 2001, will be on the market soon.
Man accuses St. Mary's Medical Center of contract breach
HUNTINGTON - A Huntington man is using St. Mary's Medical Center after he claims it breached its contract with him. Vanguard Financial Services Inc. was also named as a defendant in the suit. On Jan. 22, 2013, John R.
Attorney general announces settlement with Chase Bank for unlawful debt collection
CHARLESTON - Attorney General Patrick Morrisey announced a settlement has been reached with Chase Bank USA and one of its subsidiaries that resolves and reforms unlawful credit card debt collection practices. Chase Bank USA and Chase Bankcard Services Inc. will pay $219,152.72 to the state and $14,000 in restitution to 15 West Virginia consumers, according to the settlement, which was announced on July 8 by Morrisey's office. Chase will also cease collection efforts for 643 state residents. T
DuPont partially granted summary judgment in C-8 contamination lawsuit
PARKERSBURG - DuPont was granted partial summary judgment in a 2013 lawsuit against it involving C-8 contamination. While it was granted partial summary judgment, DuPont still was denied summary judgment as it related to the conscious pain and suffering claims by two individuals; as it related to the battery claims of eight individuals; and as it related to conspiracy claims by three individuals. "Our main takeaway here is that, once again, DuPont has attempted to escape its obligations to mid
Woman sues Best Buy for injuries
HUNTINGTON - A Cabell County woman is suing Best Buy Stores LP after she claims she was injured in one of its stores. On Aug. 10, 2013, Tara Scarberry was inside the Best Buy store in Barboursville when her right foot and leg penetrated a section of the floor, causing her to suffer injuries, according to a complaint filed in Cabell Circuit Court. Scarberry claims her right leg went into and under the floor up to her knee area and she had no warning or reason to believe that the floor section w
Morrisey joins coalition against preempting state data breach, security laws
CHARLESTON – West Virginia Attorney General Patrick Morrisey announced he joined a bipartisan, multi-state effort to urge federal lawmakers against preempting state laws designed to protect consumers affected by data breaches and identity theft. Morrisey announced he joined the national coalition to urge congress against preempting the state laws on data breach and security laws on July 7. Morrisey joined 46 other attorneys general in a letter to U.S.
Man says Verizon Wireless violated FMLA
HUNTINGTON – A man is suing Verizon Wireless after he claims it violated the Family and Medical Leave Act. Verizon Wireless is doing business as Cellco Partnership. On July 27, 2007, Justin Vandevander was hired by the defendant as an assistant store manager, and worked his way up to the position of major account manager by 2014, according to a complaint filed June 24 in Cabell Circuit Court. Vandevander claims in March 2013 he met Trista Simon, another employee of the company who worked in a
Woman blames W.Va. State Police for father's death
CHARLESTON - A Clay County woman is suing the West Virginia State Police after she claims it is responsible for her father's death. First Sgt. M.L.
Woman accuses mortgage company of abusive practices
CHARLESTON – A woman is suing Green Tree Servicing for abusive loan-servicing practices that caused her damages. Leah Ann Davis had a home-secured loan serviced by Green Tree and on numerous occasions, the defendant failed to fully credit her loan payments, according to a complaint filed in Kanawha Circuit Court and removed to federal court on June 24. Davis claims on July 14, 2014, she made a regular payment of $530, but Green Tree only credited a payment of $418.79. On Aug. 11, 2014, Davis
Deputies sue Cabell Co. Commission for overtime pay
HUNTINGTON – Three deputy sheriffs are suing the Cabell County Commission after they claim it violated the Fair Labor Standards Act by failing to pay overtime wages. Cabell County Sheriff's Department and Sheriff Thomas McComas were also named as defendants in the suit. Douglas W.
Man sues Verizon Wireless for wage payment violations
HUNTINGTON – A man is suing Verizon Wireless after he claims it violated the West Virginia Wage Payment and Collection Act. Verizon Wireless is doing business as Cellco Partnership. Brian D.
Man accuses TLK Group of wage payment violations
HUNTINGTON – A man is suing TLK Group LLC after he claims it violated the West Virginia Wage Payment and Collection Act. Charles Brandon Thomas was employed by TLK until Jan. 22, according to a complaint filed in Cabell Circuit Court. Thomas claims the defendant failed to pay his final wages by the next regular payday or four business days, according to which occurred first. The defendant's failure to pay Thomas' final wages in a timely manner entitles Thomas to an award of wages and benefits
Six suits filed against Williams Ohio Valley Midstream for noise, pollution
MOUNDSVILLE - Six lawsuits have been filed against Williams Ohio Valley Midstream LLC after the plaintiffs claim they have been affected by noise and pollution from the facility. Brenda Rine; David Poling and Kimberly Poling; Joshua Nelson and Tracie Nelson; Judith McGary; Timothy Dulaney and Shirley Dulaney; and Rickey McGary and Lisa McGary's properties are located near an oil and gas compressor that is owned by Williams, according to six complaints filed in Marshall Circuit Court. The plain
Mon General hit with another harassment, discrimination suit
MORGANTOWN - Another lawsuit has been filed against Monongalia County General Hospital for harassment and discrimination. Jamie Murray was employed at the hospital from 2001 until 2010 and then again from 2012 until September, according to a complaint filed June 25 in Monongalia Circuit Court. Murray claims he had a good record of service, however, beginning in 2013, he began to experience on-the-job harassment from Scott Crouch, his new supervisor, including baseless and unwarranted disciplin
Woman sues Huntington Treatment Center for wage payment violations
HUNTINGTON – A woman is suing Huntington Treatment Center LLC after she claims the defendant violated the West Virginia Wage Payment and Collection Act. On May 5, Donna M.
Man accuses Starlight Behavioral Health Services of wage payment violations
HUNTINGTON – A man is suing Starlight Behavioral Health Services Inc. after he claims the defendant violated the West Virginia Wage Payment and Collection Act. Zachary Toney-Marcum was employed by the defendant until his discharge in April 2011, according to a complaint filed in Cabell Circuit Court. Toney-Marcum claims the defendant failed to pay him his final wages in a timely manner. The defendant's actions violated the West Virginia Wage Payment and Collection Act, according to the suit.
Woman sues Holiday Inn for wage payment violations
HUNTINGTON – A woman is suing Holiday Inn Hotel & Suites after she claims it violated the West Virginia Wage Payment and Collection Act. Uptowner Inns Inc. is doing business as Holiday Inn Hotel & Suites. Amy R.