West Virginia Record

Feb. 15
Danny Ray Westmoreland vs. Myra Shull
PA – pro se J – Dan P. O'Hanlon of the Fifth Judicial Circuit
* Danny Westmoreland, acting as his own attorney, alleges that the defendant, Myra Shull, falsely notarized a document which resulted in a $15,000 civil settlement and $79,000 in damages from criminal proceedings. Westmoreland states that Shull could not have notarized the document in question because the attorney's office where she is employed was representing his wife in divorce proceedings against him. The plaintiff is asking for the relief of the civil and criminal damages in the total amount of $94,000 and punitive and corrective damages in the amount of $250,000.
Case number: 06-C-22

Feb. 28
State of West Virginia ex rel. Darrell V. McGraw, Jr. vs. Eli Lilly and Company
PA – Frances A. Hughes J- David W. Nibert
* The State claims the Indiana-based company engaged in deceptive practices in regards to the sale, marketing and distribution of its brand-name drug, Zyprexa, which violated the West Virginia Consumer Credit and Protection Act and the Medicaid Fraud Act. The State alleges the defendant had knowledge of the risks of the drug, which the State claims include an increased risk of developing diabetes mellitus. The State also alleges the Lilly Company marketed its drug to physicians for uses not approved by the FDA. The State is seeking three times the amount Medicaid paid to the Lilly Company and compensation for all legal fees, in addition to the Lilly Company creating a fund to pay for all future injuries caused by the drug's use.
Case number: 06-C-31

March 10
Louise H. Caynor vs. Fruth Pharmacy, Inc.
PA – James M. Casey J – Thomas C. Evans III
* The plaintiff, Louise Caynor, is suing Fruth Pharmacy for what she claims was the company's negligence to remove dangerous objects from her pathway or to warn her of their presence when she was shopping in defendant's place of business in March of 2004. Caynor claims that a wheel protruding from the bottom of a display caused her to fall and caused her to suffer serious and permanent injuries. The plaintiff seeks an unspecified amount of compensatory damages, in addition to compensation for legal fees.
Case number: 06-C-35