News from November 2015
Ohio man brings suit against Travelers to recover benefits
MOUNDSVILLE – An Ohio man is suing an insurance company to claim benefits for injuries he sustained in an automobile collision.
Who decides what is best for West Virginia?
CHARLESTON – On Nov. 4, Colorado Gov. John Hickenlooper filed suit against Colorado Attorney General Cynthia Coffman in the Colorado Supreme Court for a ruling as to whether or not the Attorney General can appear on behalf of Colorado in litigation and proceedings when the governor has not asked or authorized her to do so.
Marshall Co. couple claims Blue Racer plant causes too much pollution
MOUNDSVILLE – A Marshall County husband and wife are suing a midstream energy company after an explosion at its plant allegedly created pollution and emissions around their home and property.
Cameron residents allege Consol mine damaged home
MOUNDSVILLE – Two Cameron residents are suing a coal mining company over claims that mining operations damaged their home.
WVDHHR wants Raleigh County pain clinic shut down
BECKLEY – The West Virginia Department of Health and Human Resources has filed a petition for injunctive relief and temporary restraining order in an attempt to get a pain clinic in Raleigh County to be shut down. Dr. Michael Kostenko is doing business as Coal Country Clinic Inc. The WVDHHR/Office of Health Facility Licensure and Certification filed the petition in Raleigh Circuit Court this week after the owner, Kostenko, has twice defied the state’s orders to close. In 2012, the West Virgin
Eastern Panhandle judge returns to bench after heart transplant
ROMNEY – It was just a little over four months ago that Circuit Judge Charles E. Parsons received a heart transplant at Johns Hopkins Hospital in Baltimore. Earlier this month, the judge for the 22nd Judicial Circuit of Hampshire, Hardy, and Pendleton counties returned the bench full-time after working hard on his recovery.
Former state Supreme Court Justice Scott dies at 86
CHARLESTON – Former Supreme Court Justice and retired Circuit Judge George Scott has died.
Woman sues city of Charleston claiming a pothole caused her permanent injuries
CHARLESTON – A Charleston woman is suing the city claiming their negligence led to her injuries after tripping into a pothole.
Fatal cell tower collapse results in four federal lawsuits
CLARKSBURG – Four lawsuits have been filed in federal court regarding injuries and two deaths caused by a collapsed cell tower. SBA Communications Corp.; SBA Towers LLC; SBA Infrastructure LLC; SBA Network Services LLC; FDH Velocitel; FDH Engineering Inc.; FDH Innovation; and FDH Inc. were all named as defendants in the suit. On Feb. 1, 2014, Randall McElhaney, Terry Lee Richard Jr., Jerry Hill and Kyle Kirkpatrick were repairing and removing old structural supports when the Despard Cell Tower
Wheeling Island Gaming accused of serving liquor that caused car wreck
WHEELING – An Ohio man injured in car crash in 2013 says a racetrack in Wheeling overserved the driver who struck his vehicle in a head-on collision.
Woman blames Cabell Huntington, Marshall for injuries from hysterectomy
HUNTINGTON – A woman is suing Cabell Huntington Hospital and Marshall Health after she claims she was injured while in their care. Drs.
Prime Copy Plus claims insurance company breached contract after flooding
HUNTINGTON – Prime Copy Plus is suing Sentinel Insurance Company after it claims the insurance company breached its contract by denying a claim. Prime is a first-party insured by Sentinel and David Robinson is a named insured under the first-party contract as well, according to a complaint filed in Cabell Circuit Court on Sept. 30 and removed to federal court on Nov. 4. On Aug. 27, 2014, a precipitous amount of rain fell in Huntington during a heavy rainstorm and, as a result of the heavy rain
Wife accuses Commonwealth Mining of husband’s wrongful death
BECKLEY – The wife of a forklift operator for Commonwealth Mining says a supervisor’s alleged mistake cost her husband his life.
Wal-Mart removes parking lot injury suit to federal court
HUNTINGTON – A lawsuit against Wal-Mart Stores Inc. for injuries sustained in a parking lot has been removed to federal court. The notice of removal states that the plaintiffs and the defendant are citizens of different states and, although the plaintiffs did not specifically please an amount of damages, it is "facially apparent" from the complaint that the plaintiffs seek damages in excess of $75,000, according to the Nov. 9 notice of removal, which was filed in the U.S.
St. Albans man blames water company for property damage
CHARLESTON – A Kanawha County man says repair workers allowed water from a ruptured pipeline to damage his house and property.
Alleged damages sought in landlord-tenant dispute top $300,000
BECKLEY – A well-construction company says its commercial property tenant owes nearly $100,000 in unpaid rent.
Human Rights Commission employee sues for thousands of dollars in back pay
CHARLESTON – A Kanawha County woman is suing the Human Rights Commission, claiming she is owed several thousands in back pay.
AG's office files suit against two Utah pharmacies over patient data
CHARLESTON — West Virginia Attorney General Patrick Morrisey's office has filed lawsuits against two Utah-based pharmacies – David Pharmacy LLC and Rock City Pharmacy LLC. The complaints, filed Nov. 19 in Raleigh Circuit Court, allege both companies engaged in a scheme to obtain personal data from multiple patients and used that information to transfer prescriptions to the Utah pharmacies without the patients’ knowledge or consent, a move that forced the patients to pay a much higher price. T
Couple accuses Rosinsky Law Office for negligence during lawsuit
HUNTINGTON – A couple is suing Rosinsky Law Office after they claim it was negligent during the course of their lawsuit. Timothy P. Rosinsky also was named as a defendant in the suit.
Woman blames St. Mary's for death of family member
HUNTINGTON – A woman is suing St. Mary's Medical Center after she claims it is responsible for the wrongful death of her family member. On April 24, 2014, James Hignite was admitted to St. Mary's for treatment of respiratory failure and myocardial infarction, according to a complaint filed Nov. 2 in Cabell Circuit Court. Vina Hignite claims James Hignite suffered from skin breakdown and pressure ulcers during his admission to the hospital and St. Mary's failed to provide adequate care plans fo