News from April 2016
Judge denies Ball's partial motion to dismiss injury suit
WHEELING – District Judge John Preston Bailey denied Ball Corporation and Ball Metal Food Container LLC’s partial motion to dismiss in a lawsuit alleging an employee sustained hand injuries at work.
Trial set for Charleston's roofing suit against Ohio Valley Spray Foam
CHARLESTON – The scheduling order has been filed, giving a trial date for a lawsuit involving the City of Charleston and Ohio Valley Spray Foam Inc. The trial has been set for Nov. 29, according to a scheduling order.
Federal judge denies motion for default judgment in AutoZone lawsuit
HUNTINGTON – District Judge Robert C. Chambers denied a motion for default judgment in a lawsuit against AutoZone for injuries sustained on its property. On Oct. 22, the plaintiff, Mary Jane Goodall, filed an application for entry of default judgment and supporting affidavit and a motion for default judgment, according to the order.
Man seeks repayment of money allegedly loaned to friend
PHILIPPI – A Barbour County man says a neighbor borrowed $5,000 to help a family member purportedly suffering from cancer but hasn’t repaid the loan.
Daughter blames nursing home for mother’s alleged wrongful death
GRAFTON – A Preston County woman says a pattern of abuse and neglect her mother allegedly suffered at Beulah Land Assisted Living led to her death last year.
Boy’s alleged foot injury prompts mother to sue Family Dollar
FAYETTEVILLE – The mother of a 16-year-old Fayette County boy is suing Family Dollar Store over an injury to his foot that allegedly took place on the store’s sidewalk.
Motorist blames two truck drivers for roadside injuries
WHEELING – A Ohio County man and his son are suing the drivers of two tractor-trailers that allegedly struck a vehicle driven by the son as he was pulled over to the side of the road with car trouble.
Worker blames firing on retaliation for gender discrimination complaint
BECKLEY – A Raleigh County woman says her employer allegedly forced her to resign after she filed a sexual harassment complaint under the state’s Human Rights Act.
Morrisey applauds EPA withdrawal of auto racing rule
CHARLESTON – West Virginia Attorney General Patrick Morrisey is praising the Environmental Protection Agency for withdrawing its anti-racing rule just two weeks after he joined a coalition of eight attorneys general who objected to the proposal.
AG's office goes after third pharmacy in Rx transfer scheme
CHARLESTON – West Virginia Attorney General Patrick Morrisey's office has filed a lawsuit against a third pharmacy as part of a scheme to obtain consumer information and transfer prescriptions without the patients’ permission.
Public financing helps restore integrity to judicial elections
CHARLESTON – There are two places where every West Virginian is supposed to be equal—in the ballot box and in our courtrooms. While it’s still one person, one vote, the millions now spent to influence elections takes that away.
Manchin and Goodwin are the ones who should be worried
Story CopyPicture Joe Manchin and Booth Goodwin on the day that Don Blankenship was sentenced to a year in prison and assessed a $250,000 fine: what a flurry of back-slapping, fist-bumping, and high-fiving there must have been!
Wife blames prison for husband’s suicide
CHARLESTON – A Mercer County woman is suing the West Virginia prison system for allegedly contributing to her husband’s death by suicide.
Class action claims CAMC overcharges for copies of medical records
CHARLESTON – A man is suing Charleston Area Medical Center after he claims it overcharged him for a copy of his medical records.
Kanawha judge dismisses former Metro 911 employee's lawsuit
CHARLESTON – A lawsuit against Metro 911 by a former employee has been dismissed from Kanawha Circuit Court.
Man accuses Charleston Police officer of excessive force
CHARLESTON – A man is suing the Charleston Police Department after he claims an officer used excessive force on him and caused him injuries.
Court denies Beckley’s motion to dismiss in retirement lawsuit
CHARLESTON – Kanawha Circuit Court Judge Carrie L. Webster has denied the City of Beckley’s motion to dismiss in a lawsuit against it for allegedly failing to properly submit retirement paperwork. “This court finds that West Virginia Code … does not prohibit plaintiff’s claims against this defendant,” the March 6 order states. “This court finds that the plaintiff may pursue his cause of action under his public policy retaliation claim at this time.”
Supreme Court reverses decision in age discrimination suit
CHARLESTON – The West Virginia Supreme Court of Appeals has ruled that a circuit court erred in granting summary judgment in a discrimination and wrongful discharge lawsuit.
Worker accuses construction products firm of retaliatory discharge
CHARLESTON – A Kanawha County man is suing his former employer for allegedly firing him after he filed a workers' compensation claim.
Homeowners accuse contractor of negligence
MOUNDSVILLE – A Marshall County couple is suing a contractor for allegedly building a defective retaining wall and then failing to make the promised repairs.