This just in: Kanawha County

By John O'Brien | Mar 3, 2006


Jan. 31

Deborah L. Toler v. West Virginia Advocates, Inc., and Robert Peck

PA-Mark A. Atkinson; J-Zakaib

* Toler claims that West Virginia Advocates violated the West Virginia Human Rights Act during her employment there. In early 2004, she says, she witnessed Peck, the Executive Director, changing employee evaluations to omit any mention of sexual harassment by Peck. Peck, whose pay was reduced after Toler notified a superior, then began harassing Toler, who sought a demotion to avoid Peck. She is seeking damages in an amount to be determined by a jury.

Case number: 06-C-168

Feb. 2

Thaddeous Boggess, Joyce Boggess and Chastity Boggess v. Wanda Boggess, Administratrix of the Estate of Chad Boggess, and Timothy Bailey.

PA-Letisha R. Bika; J-Zakaib

* The father, mother and sister of Chad Boggess, who was severely beaten and subsequently passed away in the Boyd County Detention Center in Catlettsburg, Ken., almost four years ago, are suing Boggess' estranged wife Wanda for secreting funds won in a settlement concerning the death.

Case number: 06-C-186

Feb. 4

Kourosh C. Ghalili v. Thoracic and Cardiovascular Associates, Inc.; M.Z. Khan, M.D.; H. Rashid, M.D.; Kee C. Lee, M.D.; F.S. Malik, M.D.; Jay J. Kim, M.D.; M.S. Ratnani, M.D.; S.B. Hasan, M.D.; and K. Moinuddeen, M.D.

PA-James D. McQueen, Jr.; J-Bloom

* Ghalili, who resigned from his post with T&C on Oct. 1, 2004, claims T&C failed to provide balance of accounts receivable, officer pay, unused vacation time, bonuses, and the amount of $71,398.11 for his final quarterly pay, as well as falsely informing potential clients as to the location of his new office. Ghalili is seeking more than $200,000 or a fair valuation and redemption of his shares of stock that includes total accounts receivable. He also demands his bonus pay, reimbursement for malpractice coverage and unused vacation and conference pay.

Case number: 06-C-209

Feb. 7

Joe Meadows v. J.T. Davenport and Sons, Inc., a North Carolina company; Ryder Truck Rental, Inc., a Florida company; Go-Mart, Inc., a West Virginia company; and Robert D. Rader

PA-Roger A. Decanio; J-Bloom

* Meadows claims a June 1, 2005, accident was the result of negligence on the part of the defendants. He states in his claim that Rader was making a delivery to a GoMart located on MacCorkle Ave. in Marmet in a Ryder Truck with the permission and consent of J.T. Davenport and Sons when the truck ran over his legs, causing one of them to be amputated. He is demanding a trial by jury and a compensatory amount to be determined.

Case number: 06-C-210

Feb. 8

Toney Bumgarner and Dina Bumgarner v. Alan M. Terranova

PA-Patrick L. Cottrell; J-Stucky

* The Bumgarners claim that Terranova, who was hired in September of 2000 to build them a residence in South Charleston, has avoided paying the $95,000 owed them after a jury found Bumgarner guilty of hiding information regarding subsidence on the lot the Bumgarners paid for. They are seeking an amount to be determined by a jury.

Case number: 06-C-228

Beneficial West Virginia, Inc., v. Monty Hudson, aka Monty R. Hudson and Rhonda Hudson

PA-Steven M. Reht; J-King

* Beneficial West Virginia claims the Hudsons owe $19,028.67 on a loan taken out on Sept. 21, 2000. The original amount financed was only $15,749.89. An amount of $3,556.80 has accrued because of interest.

Case number: 06-C 237

Feb. 10

Coal River Mountain Watch v. Danny Ellis, Cabinet Secretary, West Virginia Department of Transportation, and the Public Service Commission of West Virginia

PA-John Skaggs; J-Berger

* Coal River Mountain Watch, a public interest group, claims that the development of the Coal Resource Transportation System was unconstitutional, in that the state legislature was doing the work of the Department of Highways. The CRTS allows coal shippers to weigh 126,000 pounds, when the Department of Highways had previously mandated that shippers should weigh only 88,000.

Case number: 06-C-257

James Cottle v. S.W. Jack Drilling Co.

PA-Debra Kilgore; J-Bloom

* Cottle claims his former employer, S.W. Jack Drilling Co., subjected him to a random drug test that was not consistent with the company's policy, and that he was wrongly fired for testing positive for opiates. He claims he took a drug test in Princeton within 24 hours of the one conducted by his company, and that it came back negative.

Case number: 06-C-260

Shirley Jean Hedrick, Administratrix of the Estate of Ernest Hedrick v. Richard B. Peterson, M.D., Hossam Tarakji, M.D., and Herbert J. Thomas Memorial Hospital Association

PA-J. Robert Roges; J-Stucky

* Shirley Hedrick, the widow of Ernest, claims that the defendants are partly responsible for her husband's death on Jan. 28, 2004. She says the defendants failed to timely recognize and treat an airway obstruction, causing Ernest to suffer the anoxia encephalopathy that led to respiratory arrest.

Case number: 06-C-262

Feb. 14

Deborah Tingler and Todd Tingler v. Christopher Boggs and Encompass Insurance Company, an Illinois corporation

PA-William M. Tiano; J-Bloom

* The Tinglers claim that Encompass Insurance provided inadequate coverage after their July wreck with Boggs by declaring their 2001 Chrysler 300M a total loss, then paying to have it fixed. Also, the two sides could not reach an agreement for reimbursement of medical bills. They demand a trial by jury.

Case number: 06-C-288

Feb. 15

C&O Motors, Inc., a West Virginia Corporation, v. West Virginia Paving, Inc.

PA-Mary Jo Swartz; J-Walker

* C&O Motors in St. Albans has several car lots located along MacCorkle Ave. and claim that a paving project by Wes Virginia Paving in May 2005 left their cars damaged. They insist that tar and other debris splattered on their cars, and they demand property damages as well as annoyance and inconvenience damages in the total estimated sum of $20,000.

Case number: 06-C-305

April Crouch v. Deaf Education and Advocacy Focus of West Virginia, Inc., and Logan Gentry

PA-David A. Ford; J-Kaufman

* Crouch is suing DEAF and its client Logan Gentry after DEAF organized an outing at a Dollar General store where Crouch coincidentally was shopping. She says Gentry threw a full bottle of sports drink and hit her in the head. She claims DEAF should have known about Gentry's propensity toward violence.

Case number: 06-C-307

Feb. 17

Roger McClanahan v. A&I Company, a West Virginia corporation

PA-James C. Stebbins; J-Visiting judge

* McClanahan wants to be moved into a September trial group that lists 65 defendants because he was recently diagnosed with mesothelioma due to asbestos exposure.

Case number: 06-C-313

Priscilla Snuffer v. Cendant Car Rental Group, LLC, and Avis Rental Car System, LLC

PA-Dan R. Snuffer; J-Berger

* Snuffer claims she purchased a one-week rental car from the Avis Yeager Airport car rental in February 2004 for Acapulco, Mexico. Upon arriving in Acapulco, her credit card was swiped, she says, unbeknownst to her and told that no cars were available. Snuffer contacted a police officer to call the credit card company to determine whether any charges were placed on the card, and he discovered that $910 had been charged to her. She demands a trial by jury.

Case number: 06-C-314

State Farm Insurance Companies v. Daimlerchrylser Corporation

PA-Michael R. Cline; J-Walker

* State Farm demands $53,456.24 that it reimbursed Wendy Roleau for after her 1995 Jeep Wrangler slipped out of parking gear, rolled over Roleau and crashed into her neighbor's house, State Farm claims.

Case number 06-C-321

Michael T. Shepherd and Catherine Shepherd v. Chris Romeo, Dean Romeo and Tony Romeo

PA-Cynthia M. Ranson; J-Walker

* The Shepherds previously owned the Sport's Central Bar and Grill before a fire on June 20, 2004, on adjacent property owned by the Romeos resulted in their bar sustaining water and smoke damage, they claim. Because of that, they suffered a loss of income before being forced to sell their place of business because they could not afford repairs. The value of the property was also reduced because of the damage, the Shepherds claim. They demand a trial by jury.

Case number: 06-C-322

William Joseph Bryan Porter and Ada J. Porter v. Richards Energy Service, LLC, and First Doe through Twenty-fifth Doe

PA-Franklin L. Gritt, Jr.; J-Berger

* Porter say a natural gas well in Sissonville constructed by Richards Energy Service and 25 unknown men caused injuries to his head and brain on Feb. 19, 2004. His wife is suing for loss of consortium.

Case number: 06-C-326

Feb. 23

J.A. by her parent and next friend D.A.; M.B. on her own behalf; S.B. by her parent and next friend R.B.; R.B. on his own behalf; A.D. by her parent and next friend C.D.; D.F. by her parent and next friend E.H.; and E.S. by her parent and next friend S.S. v. Kanawha County Board of Education, a statutory corporation, and Tyrone Keith Persinger

PA-John W. Barrett, Trent Redman and Scott Segal; J-Zakaib

* Seven plaintiffs identified only by their initials because they are still juveniles are bringing sexual harassment charges against the Kanawha County Board of Education and former Capital High School teacher Tyrone Persinger, who was fired when the allegations began to surface.

Case number: 06-C-350

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