News from June 2015
Huntington man sues recycling company for work injuries
By KYLA ASBURY HUNTINGTON – A Huntington man is suing West End Recycling Inc. for injuries he suffered while working. On May 28, 2013, William Calvin Leadman Jr. was working as an independent contractor for the defendant and was helping lift an iron beam weighing approximately 400 pounds when the beam fell on his left hand and fractured and lacerated his left thumb, according to a complaint filed May 15 in Cabell Circuit Court. Leadman claims he required medical care and suffered damages. Su
Man says company didn’t pay gas royalties
By KYLA ASBURY RIPLEY – A Jackson County man is suing Alliance Resources Corporation after he claims it failed to properly pay royalties. Gerald Barnette filed the class action complaint, citing concerns regarding royalty due on the market value of production from wells producing gas in West Virginia, according to a complaint filed May 20 in Jackson Circuit Court. Barnette claims the defendant failed to pay royalty on gas produced; failed to pay royalty based upon the wholesale market value o
Woman accuses Red Cross of wrongful termination
Woman accuses Red Cross of wrongful termination By KYLA ASBURY HUNTINGTON – A woman is suing the American Red Cross after she claims her employment was wrongfully terminated Joey Anderson, a human resources supervisor, was also named as a defendant in the suit. On Sept. 22, 2004, Valerie Anderson was initially hired as a phlebotomist and also worked as a Collection Technician II, according to a complaint filed in Cabell Circuit Court Valerie Anderson claims on April 23, 2013, she was placing
Kentucky man blames Lowe’s for injuries
By KYLA ASBURY WINFIELD – A Kentucky man is suing Lowe's after he claims he was injured while on its premises. On April 29, 2014, Harles Ray of Hazard was a business invitee at Lowe's in Logan County and was considering the available fence designs, construction and price and decided to purchase two sections of a treated wood fence for use as a barrier or privacy fence in his yard, according to a complaint filed May 13 in Putnam Circuit Court. Ray claims the fencing was of such a size and weig
Ohio man blames Cabell Huntington Hospital for daughter’s death
By KYLA ASBURY HUNTINGTON - An Ohio man is suing Cabell Huntington Hospital for his daughter's death. Dr. Carolyn Clark was also named as a defendant in the suit. On June 23, Chasity Smith arrived at Cabell to be induced to give birth to her daughter, Aspen Smith, according to a complaint filed in Cabell Circuit Court. Robert Smith of Ironton claims Clark placed an intrauterine pressure catheter on Chasity Smith and noticed bloody amniotic fluid in the face of increased resting tone, a clear
Logan woman sues BB&T for injuries
By KYLA ASBURY HUNTINGTON – A Logan woman is suing One Valley Bank of Huntington and Branch Banking & Trust after she claims she was injured on the companies' property. On June 16, Brenda Gore was attending an appointment in the BB&T building and exited the building with the intent of walking to her vehicle that was parked adjacent to the building, according to a complaint filed May 18 in Cabell Circuit Court. Gore claims she took a few steps toward her vehicle and then stepped onto a mulch-c
N.C. couple blames Winterplace for son’s injuries
By KYLA ASBURY BECKLEY – A Youngsville, N.C., couple is suing Winterplace after they claim it was responsible for their three-year-old son's injuries On Feb. 12, 2014, as part of a larger family gathering, Travis Bailey and Morgan Bailey took their minor son, Parker Bailey, snow tubing at Winterplace, according to a complaint filed May 14 in Raleigh Circuit Court. The Baileys claim a Winterplace agent said Parker Bailey was big enough to go snow tubing and no Winterplace agent discussed safet
Father accuses physicians of medical negligence
By KYLA ASBURY WINFIELD – A father is suing two physicians for medical negligence after he claims they failed to timely diagnose his son's problem. Drs.
Man blames Huntington, couple for injuries from downed tree
By KYLA ASBURY HUNTINGTON – A man is suing the City of Huntington after he claims he was injured when a tree fell on him. James and Sally Weiler also were named as defendants in the suit. On Aug. 22, 2013, David Eugene Wolfe was walking along Edgemont Road in Huntington when a tree and large branch fell on him, causing him several severe injuries, according to a complaint filed May 22 in Cabell Circuit Court. Wolfe claims the Weilers owned the property along the road where he was walking and
Governor wants Common Core lawsuit dismissed
By KYLA ASBURY MARTINSBURG – Gov. Earl Ray Tomblin, the Department of Administration and Secretary Jason Pizatella have filed a motion to dismiss the lawsuit against them and other state officials that was filed by a state House of Delegates member seeking to repeal the Common Core education standards. "Delegate Michael Folk claims that the State's participation in the Smarter Balanced Assessment Consortium violates the Constitution," the June 1 motion to dismiss states.
AG's office warns of U.S. Treasury phone scam
By CHRIS DICKERSON CHARLESTON – West Virginia Attorney General Patrick Morrisey says consumers should be cautious of calls claiming to be from a representative of the U.S.
Cramer named new 2nd Circuit judge
By CHRIS DICKERSON CHARLESTON – Gov. Earl Ray Tomblin on Thursday appointed Jeffrey D.
Walker jumping into Supreme Court race
By CHRIS DICKERSON MORGANTOWN – All indications are that Beth Walker will formally announce another run for the state Supreme Court. So far, only incumbent Justice Brent Benjamin has declared his intentions to run for the lone seat up for election in 2016. Walker fell short in her first bid for a seat on the Supreme Court in 2008.
AG files complaint against Boone Co. contractor
By CHRIS DICKERSON CHARLESTON — West Virginia Attorney General Patrick Morrisey's office has filed a complaint against a Boone County contractor, alleging violations of the West Virginia Consumer Credit and Protection Act. The complaint, which was filed in Kanawha Circuit Court, alleges Stiltner Contracting and owner Howard Stiltner Jr. accepted payments from consumers for home improvement projects that were not complete as promised. “Our office is committed to protecting West Virginia consum
SSA reverses some benefits suspensions
By KYLA ASBURY HUNTINGTON – The Social Security Administration is reversing its suspension of benefits for 80 West Virginia residents. Third District Congressman Evan Jenkins released a statement June 4 announcing the reverse. "Families affected by the suspension of benefits worried about how to make ends meet in this tight economy," Jenkins said in his statement.
Man says Logan General violated state code
By KYLA ASBURY LOGAN – A man is suing Logan General Hospital in a class action lawsuit after he claims it violated state code when producing copies of medical records. Robert Fender, on behalf of himself and others, requested copies of his medical records from the defendant after June 6, 2014, which the defendant failed to furnish him, according to a complaint filed May 22 in Logan Circuit Court. Fender claims West Virginia code mandates that healthcare providers furnish a copy of the patient
Barnes Agency says pharmacy breached contract
By KYLA ASBURY WINFIELD – The Barnes Agency is suing Custom Script Pharmacy after it claims the company breached its contract and caused damages. J.
Hurricane man sues county for wave pool injuries
By KYLA ASBURY WINFIELD – A Hurricane man is suing Putnam County Commission after he claims he was injured at the Waves of Fun water park. Putnam County Parks and Recreation Commission was also named as a defendant in the suit. On June 14, 2013, Eric Daniel Blackburn was a participant in the defendants' Waves of Fun water park and water slide amusement attraction, according to a complaint filed May 22 in Putnam Circuit Court. Blackburn claims there were three water slides open to the public
Couple files suit over Yeager Airport landslide
By CHRIS DICKERSON and KYLA ASBURY CHARLESTON – A Charleston couple is suing Central Regional West Virginia Airport Authority for damages they sustained during the March landslide at Yeager Airport. Triad Engineering Inc., Cast & Baker Corporation and Nationwide Mutual Fire Insurance Company were also named as defendants in the suit. Airport employees first noticed a problem with the safety area on Runway 5 in June or July 2013, when cracks began to appear, according to a complaint filed June
Asbestos trust transparency bill now law in W.Va.
By CHRIS DICKERSON CHARLESTON – A key piece of tort reform legislation passed and signed earlier this year now is state law. Senate Bill 411, also known as the Asbestos Bankruptcy Trust Claims Transparency Act and the Asbestos and Silica Claims Priorities Act, took effect Tuesday, 60 days after being signed by Gov. Earl Ray Tomblin. The measure, which was sponsored by Kanawha County Republican Senator Tom Takubo, establishes legal standards and procedures for the handling of certain asbestos