This Just In: Kanawha County

By John O'Brien | Mar 24, 2006

March 13

March 13
Billy Comer and Cara Comer v. James Cable and Donna Moore
PA-Mark E. Kauffelt; J-Zakaib
* The Comers seek more than $300,000 in compensatory damages and $1 million in punitive damages, claiming Cable and Moore sold them a house that had several structural problems while withholding that knowledge.
Case number: 06-C-468

March 14
State of West Virginia ex rel. West Virginia Insurance Commissioner v. Alt F. Wesley, d/b/a Mid Atlantic Golf Construction
* The plaintiff alleges that Mid Atlantic Golf Construction in Keyser owes $34,112.86 after the company failed to make quarterly premium tax payments and did not file its gross payroll reports. Mid Atlantic has been given notice of its default status twice already.
PA-David Ansell; J-Kaufman
Case number: 06-C-475

J.H. vs. West Virginia Division of Rehabilitation Services
PA-Mark D. Moreland; J-Walker
* J.H., only identified by his initials because of the nature of his complaint, claims that fellow student/client Jeff Bell sexually assaulted him in the "Attended Care Unit" of the West Virginia Rehabilitation Hospital in Institute. He says the Rehabilitation Center failed to provide proper protection for an individual whose mobility is compromised, as his is.
Case number: 06-C-479

Martha Ann Hawk v. Kroger Limited Partnership and Kroger Group Cooperative
PA-Harvey D. Peyton; J-Berger
* Hawk says she's slipped on hand lotion that had accumulated on the floor nearly two years ago at a Kroger grocery store in St. Albans, causing severe injury to her hips, back and lower extremities. She claims her medical bills are in excess of $100,000 and is seeking compensation.
Case number: 06-C-480

March 15
Megan McKown v. Robert Fulmer, the Kanawha County Board of Education, John Doe and Jane Doe
PA-Stephen P. New; J-Berger
* McKown claims that Fulmer, a former teacher and assistant football coach at Nitro High School, made inappropriate sexual advances toward her in the corner of an empty classroom in March 2005. Fulmer has since been fired. McKown is seeking compensatory damages.
Case number: 06-C-483

March 16
Bryan Cooper and Laura Cooper v. Atlanta Southeast Airlines, Inc.
PA-Larry O. Ford; J-Stucky
* The defendants allege they were told their flight, which departed from Yeager Airport in Charleston on April 3, 2004, was oversold and that they could not board. They have not been able to obtain an entire refund from the trip to Montego Bay they had to cancel and wish Atlantic Southeast Airlines to pay up to $70,000.
Case number: 06-C-492

March 17
Leviton Manufacturing Company, Inc., v. Darrell V. McGraw, Jr., Attorney General of the State of West Virginia
PA-Joanna I. Tabit; J-King
* Leviton, a New York-based company that produces Quick Connect electrical trash receptacles, claims McGraw overstepped his constitutional abilities when he appointed two Weirton attorneys, M. Eric Frankovitch and Michael G. Simon, as Special Assistant Attorneys General. Those two attorneys had been working on a civil case in Marshall County against Leviton before McGraw appointed them. Leviton says it will ignore a subpoena issued by Frankovitch and Simon. The company is seeking a Declaratory Relief against McGraw.
Case number: 06-C-500

March 20
Jennifer Cantrell v. West Virginia Department of Transportation, Division of Highways, a subdivision of the State of West Virginia; and James Lane, individually and as an agent or employee of the West Virginia Department of Highways
PA-Matthew S. Criswell; J-Walker
* Cantrell says Lane, her supervisor while working as a temporary employee with the Division of Highways, made inappropriate sexual advances and comments toward her, and when those comments were brought to light she was not offered full-time employment. She claims she had been told prior to the incident that she would become full-time when her 160-day temporary period was over.
Case number: 06-C-507

Rod Taylor, Administrator of the Estate of Jesse Taylor, a minor v. Reginald Adkins
PA-William V. DePaulo; D-Joanna I. Tabit; J-Kaufman
* Taylor's son Jesse died as a result of injuries sustained in a car accident on Nov. 7, 2004, and Adkins was found to be at fault. The two sides agreed on a $250,000 settlement, but Liberty Mutual, Adkins' insurance company, filed a Motion to Transfer Venue and a Motion to Set Aside Settlement as the case gets moved from Putnam Circuit Court to Kanawha Circuit Court. Because it was recently discovered that Barbara Adkins is the owner of the car, the defense wants to set aside the settlement to review the new facts.
Case number: 06-C-508

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