News from October 2015
Truck driver sues Cabell Huntington Hospital for injuries
HUNTINGTON – A man is using Cabell Huntington Hospital for injuries he sustained when biohazard material fell on him. Ricky D.
Dollar General removes Putnam injury case to federal court
HUNTINGTON – A woman is suing Dollar General after she claims she was injured when she fell in its Buffalo location. On Aug. 8, 2014, Diane Ruby Dotson walked through an aisle that had boxes scattered on the floor that contained merchandise that was presumably waiting to be stocked, according to a complaint filed Sept. 15 in Putnam Circuit Court and removed to federal court on Oct. 7. Dotson claims as she walked down the aisle, she tripped on one of the boxes and fell on her hands to catch her
Former employee accuses Cabell Huntington of harassment, retaliation
HUNTINGTON – A former employee is suing Cabell Huntington Hospital after she claims she was harassed and retaliated against for reporting unsafe conditions in the operating room. Kimberly Adkins was employed as a surgical technician in the operating room at Cabell and, after beginning her employment, she observed various conditions within the operating room that detrimentally affected the health and safety of Cabell Huntington Hospital patients, according to a complaint filed in Cabell Circuit
Putnam Co. man accuses Healthsouth of wrongful death
HUNTINGTON – A man is suing Healthsouth after he claims it is responsible for his family member's wrongful death. Rebound LLC is doing business as Healthsouth Rehabilitation Hospital of Huntington. Healthsouth Corporation also was named as a defendant in the suit. Tim Crager was admitted to Healthsouth from June 2, 2014, until June 4, 2014, for continued care, according to a complaint filed in Cabell Circuit Court. Jeff Crager claims Tim Crager was at risk for aspiration, however, Healthsouth
What is AkinMears hiding from Judge Joseph Goodwin?
As he presides over seven Multi District Litigation cases in Charleston involving more than 80,000 claims against manufacturers of transvaginal surgical mesh, U.S. District Judge Joseph Goodwin might want to keep a close eye on one plaintiffs firm in particular.
Cole, Armstead receive national legal reform award
WASHINGTON – West Virginia Senate President Bill Cole and House of Delegates Speaker Tim Armstead have been given an award for their contributions to reforming the state’s civil justice system. Cole and Armstead received the 2015 State Legislative Achievement Award at the U.S. Chamber Institute for Legal Reform’s (ILR) 16th Annual Legal Reform Summit on Oct. 27.
Ky. firm says Gilmer Co. piping business owes $161,000
GLENVILLE – A Kentucky company is suing a Glenville piping business, alleging failure to pay money owed.
WVU law ethics professor: Morrisey could work on Cardinal case
CHARLESTON – A former West Virginia University law professor says state Attorney General Patrick Morrisey didn’t need to step back from a case involving a company for which his wife was lobbying. On Oct. 25, the Charleston Gazette-Mail published a story says Morrisey gave “specific instructions” for his office’s lawsuits against Cardinal Health and other prescription drug makers.
Reynolds not seeking House re-election, might run for AG
HUNTINGTON – A Cabell County lawmaker says he won’t seek re-election for the House of Delegates, and he says he might consider a run for state Attorney General. Doug Reynolds issued a press release Oct. 26 saying he has opted to not seek another two-year term in the House. “It’s the end of October, and I thought I should make the announcement so others who might want to run for the House can get started on their campaigns,” the Democrat said Monday.
HR company says Greenbrier owes more than $420K
RICHMOND, Va. – A Virginia-based company says The Greenbrier owes it more than $420,000 for human resources staffing services. Cornerstone RPO LLC filed its lawsuit Oct. 14 against Greenbrier Hotel Corporation in U.S. District Court in Richmond. The Greenbrier is owned by West Virginia Democratic candidate Jim Justice.
Client sues Nationwide Insurance over auto accident settlement
WINFIELD--A client is is suing his insurance company, alleging it has failed to pay his auto accident settlement in full.
Parents sue doctor, alleing negligent delivery of their baby
CHARLESTON--The parents of a toddler are suing the physician that delivered him, alleging insufficient care with the delivery.
Relative sues Mercer Nursing and Rehabilitation, alleging poor care
CHARLESTON – A Fayette County woman is suing a Mercer County nursing home facility, alleging her father-in-law was provided with inadequate medical care.
Sides argue need for intermediate appeals court
CHARLESTON – Lawmakers have heard from both sides in the debate about whether West Virginia needs an intermediate court of appeals. During monthly interim meetings last week, the Joint Standing Committee on the Judiciary was urged to work to create the court in the upcoming session by members of West Virginia Citizens Against Lawsuit Abuse.
It's time to bring W.Va. lawsuit appeals in line with the rest of the nation
CHARLESTON – In a number of respects, West Virginia’s civil justice system is finally beginning to come in line with other states across the country, thanks to the hard work and leadership of the West Virginia Legislature, especially State Senate President Bill Cole and House Speaker Tim Armstead.
30 neighbors sue Morgantown woman over chicken coop
MORGANTOWN – Thirty individuals are suing a woman in their neighborhood for having a chicken coop on her property that they claim is a nuisance. The plaintiffs all own property in the Hopecrest Addition in Morgantown and Tracey Lea Frisch also owns property in the subdivision along with her husband, according to a complaint filed in Monongalia Circuit Court. The plaintiffs claim in 2013, Frisch built a chicken cop and began raising chickens on her property and at times there have also been tur
Putnam Co. man accuses Cabot Oil & Gas of property damage
WINFIELD – A man is suing Cabot Oil & Gas Corporation after he claims his property was damaged because of the company's actions. Chris Deweese purchased a Putnam County property on June 30, 2011, for the purpose of engaging in a significant cattle and hunting operation, according to a complaint filed in Putnam Circuit Court. Deweese claims the property operates with approximately $300,000 in cattle inventory and also has other farming operations. The cattle operation requires daily tending an
Davis calls out majority again in another DHHR dissent
CHARLESTON – West Virginia Supreme Court Justice Robin Davis again called out the court majority in a dissent filed this week, this time accusing her fellow justices of an “arrogant and complete disregard of federal law.” Davis dissented to an Oct. 15 opinion, in which a majority of the court’s justices ruled that the state Department of Health and Human Resources must follow an order issued by Kanawha Circuit Court Judge Louis “Duke” Boom in August 2014 to immediately restore access to patient
30-year employee accuses LabCorp of discrimination, wrongful firing
CHARLESTON – A man is suing Laboratory Corporation of America after he claims he was discriminated against and wrongfully terminated. Jeffrey T. Lindenmuth was employed by the defendant from 1983 until Aug. 22, 2013, according to a complaint filed in Kanawha Circuit Court and removed to federal court.
Botched gall bladder surgery results in injury, Putnam Co. suit claims
WINFIELD – A Kanawha County woman is suing a physician she claims caused damages. On March 26, Matthew Harris was admitted to CAMC Teays Valley Hospital with complaints of abdominal pain, according to a complaint filed Oct. 2 in Putnam Circuit Court. Dianna Santamaria, Harris', power of attorney, claims Harris was discharged that day with a diagnosis of gallstones and was instructed to follow up with Dr. Leonard Fichter. Harris did as he was instructed and followed up with Fichter that aftern