News from June 2015
W.Va., 8 other states sue over EPA water ‘lunacy’
CHARLESTON – West Virginia Attorney General Patrick Morrisey is leading the charge in a lawsuit, filed in a Georgia federal court Tuesday, that challenges a proposed Environmental Protection Agency rule that would extend its authority to all bodies of water. West Virginia is among the bipartisan, nine-state coalition that argues the “Waters of the United States” rule would unlawfully expand the federal agency’s regulatory reach over small streams, land and farms. Morrisey, a Republican, feels
Charleston law firm hit with another malpractice suit
LOGAN – Another lawsuit has been filed against former attorney R.
Justices uphold decision in firing Charleston police officer
CHARLESTON – The West Virginia Supreme Court of Appeals upheld a Kanawha Circuit Court decision in a lawsuit involving the firing of a Charleston police officer who failed to warn a fellow officer of a loaded gun in a vehicle. The court said it found no substantial question of law and no prejudicial error, leading it to affirm the circuit court's order as appropriate, according to the June 22 memorandum decision. On June 9, 2010, during a traffic stop and vehicle search, Rick A.
Man accuses Putnam law firm of debt collection violations
BECKLEY – A man is suing a Putnam County law firm after he claims it violated the West Virginia Consumer Credit and Protection Act. Brandon Boggess became in arrears upon an alleged indebtedness to Atkins & Ogle Law Offices, and the law office began to engage in collection of the indebtedness through the use of telephone calls and written communication, according to a complaint filed June 10 in Raleigh Circuit Court. Boggess claims the defendant engaged in repeated violations of the West Virgi
Clarksburg man says McElroy Mine was unsafe
WHEELING – A Clarksburg man is suing McElroy Coal Company after he claims it subjected him to an unsafe workplace. Consol Energy Inc. was also named as a defendant in the suit. Ronald Miller was employed as a head-gate operator at the McElroy Mine, according to a complaint filed June 9 in the U.S.
Woman sues man's estate, Speedway for drunk driver injuries
LOGAN – A Harts woman is suing the Logan County sheriff after she claims a drunk driver caused her injuries. Margaret Bryant, Speedway Superamerica LLC, Eddie Mullins and John Doe and/or Jane Doe were also named as defendants in the suit. Logan County Sheriff Sonya M.
Man sues United Healthcare for breach of contract
BECKLEY – A Raleigh County man is suing United Healthcare Services after he claims it breached its contract with him. Ryan Snuffer had medical coverage through UHS beginning in 2008, which covered his daughter, H.S.'s medical treatment, according to a complaint filed May 11 in Raleigh Circuit Court and removed to federal court on June 17. Snuffer claims his daughter has a rare condition and is prescribed treatment and medication that allowed her to thrive. The treatment was made available in
Caperton named as defendant in wrongful death suit
BECKLEY – A man involved in one of the most publicized – and most tried – court cases in state history now finds himself the defendant in a wrongful death lawsuit. Hugh M.
USSC says EPA was ‘unreasonable’ to not consider cost
WASHINGTON – The U.S.
Man says McGraw law firm owes him more than $40K
BECKLEY – A Lincoln County man claims a Wyoming County law firm owes him more than $40,000 for his services. Jack Spadaro filed his lawsuit in Raleigh Circuit Court against Warren Randolph McGraw II doing business as The Warren McGraw Law Firm or McGraw Law Offices.
Pocahontas man says agriculture teacher sexually molested him
MARLINTON – A Pocahontas County man claims he was sexually abused by his high school agriculture teacher. Chase McKenzie Fisher filed his lawsuit against the Pocahontas County Board of Education and Samantha Jane Bartley in Pocahontas Circuit Court. Fisher, who now is 20, says “Bartley was a sexual predator with a lustful disposition towards male minor children” who “sexually abused, molested, fondled and assaulted” him during her employment at Pocahontas County High School from April to June
Sides settle sexual harassment case against attorney
CHARLESTON – A lawsuit by a former employee of a Charleston law firm alleging one of the firm’s attorneys sexually harassed her has been settled. Kylan Wilson filed her lawsuit earlier this year in Kanawha Circuit Court against M.
Former Mingo County official sues to get job back
WILLIAMSON – The former director of emergency services in Mingo County has filed a lawsuit against the Mingo County Commission seeking to be reinstated to the position. Jarrod Fletcher, who was suspended in 2013 from his position as Mingo County’s 911 Director and Homeland Security Director, also named County Commissioner Diann Hannah in the complaint filed June 22. Fletcher’s attorney, Rob Kuenzel of Chapmanville, said Fletcher deserves to have the suspension settled. “That is all we are ask
Seventh discrimination suit filed against Mon General
MORGANTOWN – Another lawsuit has been filed against Monongalia County General Hospital alleging a former employee was discriminated against. John Sansone was employed as a monitor tech in the Intensive Care Unit of the hospital from 1984 until March 23, according to a complaint filed June 17 in Monongalia Circuit Court. Sansone claims beginning in 2012, he began experiencing on-the-job harassment by his new supervisor, Mary Jo Sabatelli. The plaintiff was subjected to a constant stream of ins
Three suits blame Antero for fracking damage
CHARLESTON – Three more lawsuits have been filed against Antero Resources Corporation after individuals claim it has caused them damages due to its fracking practices. Antero Resources Appalachian Corp. and Hall Drilling LLC also were named as defendants in the suit. William M.
Man drops harassment suit against Raleigh Co. funeral home, owners
BECKLEY — A Raleigh County man who had accused a funeral home and its owners of assault, harassment and violations of employment law has dropped his case. Brian Snuffer of Oceana filed the lawsuit May 29 against Rose and Quesenberry Funeral Homes Inc. (R&Q), David Quesenberry and Michael Quesenberry in Raleigh Circuit Court.
WVU, radio company reach settlement
MORGANTOWN – A lawsuit between West Virginia Radio Corporation, West Virginia University Board of Governors and the West Virginia University Foundation regarding media rights has been settled. WVRC, WVU and WVUF released a joint statement June 24 announcing the settlement that had been reached in regards to the litigation currently pending before the Business Court in Monongalia Circuit Court. The settlement includes a resolution of all claims against all parties in the litigation. The suit w
Couple sues shopping center, stores for crosswalk injuries
CHARLESTON – A Kanawha County woman and her husband are suing a St. Albans shopping center and businesses after they claim she was injured when a vehicle struck her while she was walking through a crosswalk. Kroger, St. Albans Center II LLC, RD Management LLC, CVS 6306 WV LLC and unknown individuals were named as defendants in the suit. On Jan. 27, Brenda Carter was a patron of the St. Albans Shopping Center and was returning to her vehicle when she entered a crosswalk on the parking lot's per
Fairmont couple blames WVU for woman's hospital injuries
MORGANTOWN – A Fairmont couple is suing the West Virginia University Board of Governors after they claim injuries were sustained on its property. University Health Associates Inc. and WVU Hospitals Inc. were also named as defendants in the suit. On June 26, 2013, Cindy S.
Another harassment suit filed against Monongalia General
MORGANTOWN – Another harassment lawsuit has been filed against Monongalia County General Hospital by a former employee. Ruth Freeland was employed by the hospital as a nutrition aide and cook in the Nutritional Service Department from 1997 until 2014, according to a complaint filed June 5 in Monongalia Circuit Court. Freeland claims she had stomach surgery at the hospital and, later, a corrective surgery to fix mistakes from the first one and was in the hospital, including the Intensive Care U