News from June 2015
Woman blames K&K Trucking, driver for accident
By KYLA ASBURY CHARLESTON – A woman is suing K&K Trucking for a rear-end collision that caused her injuries and damages. FTL Ltd. Inc. and Neil Aaron Hasen were also named as defendants in the suit. On Nov. 19, Patricia A.
Woman accuses Ibex Global of sexual harassment, wrongful termination
By KYLA ASBURY CHARLESTON – A former employee is suing Ibex Global for wrongful termination after she claims she was sexually harassed by a co-worker. Trista King was hired by Ibex in August 2013 as Internet Technical Support, according to a complaint filed April 28 in Kanawha Circuit Court. King claims she faithfully performed all her duties throughout her tenure as an employee. Ibex controlled the terms and conditions of employment for its employees, including the promotion and termination
Justices: Court didn't err in adding name to verdict form
By KYLA ASBURY CHARLESTON – The state Supreme Court says a circuit court did not err in putting a man's name on a verdict form. The is an appeal from the circuit court's denial of Modular Building Consultants of West Virginia Inc.'s motion for judgment as a matter of law or for a new trial following an adverse jury verdict on Modular's claims for contribution and indemnification. Chief Justice Margaret Workman authored the majority opinion.
Mother sues FemCare for daughter's death
By KYLA ASBURY CHARLESTON – A mother is suing FemCare PLLC after she claims it was responsible for her daughter's death. Dr. Leila E.
WVSC ruling discounts previous memo decisions
By KYLA ASBURY CHARLESTON – In a ruling allowing two claimants to receive permanent partial disability benefits, the state Supreme Court says previous memorandum decisions did not fully consider or analyze applicable statutory law as thoroughly and thoughtfully. "Given the abbreviated factual and legal discussion set forth in this Court’s memorandum decisions, we cannot say that such prior decisions have fully considered and analyzed the applicable statutory and jurisprudential law as thorough
Special prosecutor for Plants cost Kanawha more than $200K
By KYLA ASBURY CHARLESTON – Kanawha County has been billed more than $200,000 for a special prosecutor in the lawsuit against former county prosecutor Mark Plants that was dismissed last week. The Kanawha County Commission received its final invoice from Special Prosecutor Sid Bell over the weekend, totaling $2,404.64. The total amount paid for the special prosecutor was $15,965.94 for Sid Bell and $211,054.12 overall for special prosecutor costs. In March 2014, Bell, who was a retired prose
AG accuses company of illegal debt collection
By CHRIS DICKERSON CHARLESTON – West Virginia Attorney General Patrick Morrisey has filed a lawsuit against Simple Recovery Solutions LLC for allegedly trying to collect debt that was unverified or never existed from West Virginians. Todd West and Alexander Simao, who were managing members of SRS, were also named as defendants in the suit. Beginning as early as Aug. 5, the state began receiving complaints from West Virginia consumers complaining they had been contacted by SRS regarding debt t
State senators suggest I-81 tolls to boost highway funds
By JESSICA M.
Mingo man sues Hampden Coal for injuries, wrongful firing
By KYLA ASBURY WILLIAMSON – A Mingo County man is suing Hampden Coal LLC after he claims he was injured on the job and was wrongfully terminated. Clyde Marcum was employed by Hampden as an underground mine foreman at its Mine Number Eight located in Gilbert, in November, according to a complaint filed May 19 in Mingo Circuit Court. Marcum, who is 60 years old and has 37 years of mining experience, had worked at the same mining complex for various operators since December 2000 and was an exemp
Man accuses Bayer of wage payment violations
By KYLA ASBURY CHARLESTON – A man is suing Bayer Cropscience LP for violated the West Virginia Wage Payment and Collection Act. Steve Hedrick, vice president of Bayer's Industrial Park facility, was also named as a defendant in the suit. In early 2011, Bayer announced that it would be closing several manufacturing units dedicated to carbamate chemistries at its Institute facility and that it would cease all production, storage, consumption and use of methyl isocyanate within two years, accord
Mammoth woman sues Kroger for injuries
By KYLA ASBURY CHARLESTON – A Mammoth woman is suing the Kroger Co. after she claims she was injured at its store. On July 7, 2013 Judith Ann Slate was a customer at Kroger when she fell and became injured, according to a complaint filed April 27 in Kanawha Circuit Court. Slate claims the defendant was negligent in maintaining its facility and failed to maintain a safe environment for all customers. The defendants were also negligent in their upkeep of the store, according to the suit. Slat
Woman blames CAMC for infant's death
By KYLA ASBURY CHARLESTON – A woman is suing Charleston Area Medical Center after she claims it is responsible for her infant's death. West Virginia University Board of Governors is also named as a defendant in the suit. On May 12, 2013, the defendants began caring for Jillian Barnett and Levi Barnett, during his delivery, according to a complaint filed in Kanawha Circuit Court. Jillian Barnett claims the defendants were negligent in failing to timely deliver Levi Barnett, despite alarming f
'Trinket bill' is now law
By KYLA ASBURY CHARLESTON – A bill that bans elected state officials from using trinkets paid with taxpayer dollars is now law. House Bill 2457, which was passed during the most recent legislative session, went into effect this week.
Woman says BB&T employees violated ethics
By KYLA ASBURY CHARLESTON - A woman is suing BB&T after she claims the bank and two of its employees spoke about her personal business to other employees. Charlene Chapman and Kirk Dragoo were also named as defendants in the suit. Monica Abrego was admitted to the hospital on April 7, 2013, and her friend, Athena Lovejoy, called Abrego's supervisor, Chapman, and told her that Abrego had tried to kill herself, according to a complaint filed in Kanawha Circuit Court. Abrego claims she went to
Contractor seeks nearly $1M from Lumos
By KYLA ASBURY CHARLESTON – A construction company is suing Lumos Networks LLC after it claims the company has failed to pay more than $900,000. For outside plant construction that Nichols Construction LLC performed at Lumos' request since September 2012, as of April 1, 2014, Lumos owed the sum of $917,533.55, according to a complaint filed April 30 in Kanawha Circuit Court. Nichols performed all of the outside plant construction for Lumos, which Lumos has failed to pay. Of the total detaile
Man sues for family member's brain injury
By KYLA ASBURY CHARLESTON – A man is suing Charleston Neurological Associates and Charleston Area Medical Center for his family member's brain injury. Dr. Lana D.
Woman sues after fall at Hooter's
By KYLA ASBURY CHARLESTON – A woman is suing Kahootz of Charleston LLC after she claims she was injured when she fell at its restaurant. On July 3, 2013, Valerie Taylor was dining at the Hooters restaurant in Charleston, when she slipped of a slippery substance in the floor and fell, according to a complaint filed in Kanawha Circuit Court. Taylor claims the defendant breached its duty of care and was negligent for failing to remove a slippery substance from the floor that caused her to fall.
Benjamin defends 3-2 drug addict ruling
By CHRIS DICKERSON CHARLESTON – One state Supreme Court justice stands behind his vote in a recent ruling allowing juries decide if residents who have broken the law to obtain and use prescription painkillers can sue physicians and pharmacies for their addictions. Justice Brent Benjamin said the 3-2 ruling should be examined not on “gut emotions and the ‘badness’ of the parties,” but rather on the fact that the state Legislature and governor already have fully considered the wrongful conduct r
WVU discrimination suit moves to federal court
By KYLA ASBURY CLARKSBURG – A lawsuit against West Virginia University Board of Governors alleging a former employee was discriminated against has been removed to federal court. The plaintiff explicitly alleges that the defendants' conduct violated the Family and Medical Leave Act, and the federal court has jurisdiction over that claim, according to the notice of removal that was filed May 15 in the U.S.
Woman accuses Lumber Liquidators of false advertising
By KYLA ASBURY WHEELING – A Hancock County woman is suing Lumber Liquidators Inc. after she claims the company falsely advertised its products. Lumber Liquidators Leasing LLC, Lumber Liquidators Holding Inc., and Lumber Liquidators Services LLC were also named as defendants in the suit. Lumber Liquidators sells a variety of Chinese-manufactured laminate wood flooring materials that it prominently advertises and warrants as fully compliant with standards promulgated in the Formaldehyde Standar