WEST VIRGINIA RECORD

Oct. 11
Grant Carter vs AES Industries Inc. et al.
J- Gaughan; PA-Sandra Law
* Carter, an employee of AES, says he sustained two separate work related injuries, both of which were deemed compensable by Workers' Comp. It is estimated Carter missed at least two months of work for these injuries. Carter was discharged because of a reduction in force. During his employment, Carter served as a welder, leadman, maintenance employee and supervisor. Upon his discharge he was listed only as a maintenance employee. Because there were other job openings in the plant which Carter was able to fulfill, he applied for other jobs yet was not hired. The company filled positions with new hires and, according to Carter, neglected his application. Carter is suing on grounds of retaliatory discharge and disability discrimination and seeks damages, attorney fees and court costs.
Case number: 06-C-369

Brian C. Gregg vs. Mike Lawson, Administrator
J- Recht; PA- Mark Panepinto and Brian Gregg pro se
* After being charged with unarmed robbery and entering without breaking, Gregg claims he was denied equal protection under the law and due process. Gregg maintains a Detective Divorsic involved with the case altered evidence, including a photo of Gregg. Gregg seeks $1 million from the City of Wheeling.
Case number 06-C-372

Oct. 13
Russell Nesbitt Services, Inc. vs National Union Fire Insurance, AIG Domestic Claims, et al.
J- Recht; PA- James G. Bordas III
* AIG issued a policy for liability coverage to Russell Nesbitt Services. Ezekiel Hall, a client of RNS, claims he was attacked, abused, choked and injured by RNS employee Mark Charley. Hall filed a claim and AIG was to provide RNS defense claims. Charley pleaded guilty, but AIG refused to make a good faith offer of settlement, forcing Hall to go through a long litigation process, as no plea was filed on Charley's behalf for the complaint. RNS claims AIG is in violation of the Legislative Rules of Insurance Commission and seeks compensatory and punitive damages as well as pre- and post-judgment interest, court costs and attorney fees.
Case number: 06-C-373

The Children's Home of Wheeling vs. Cast & Baker Corporation, et al.
J- Wilson; PA- Bradley H. Thompson, Esq.
* The Home hired Cast & Baker to perform the design and construction of a retaining structure for $140,000. After completion of the project, the structure began to show signs of failure and eventually a part of a hillside slid into the Home's gymnasium which was built after the retaining structure. The slip caused $2 million in repairs. The Home seeks compensatory damages, court costs and attorney fees.
Case number: 06-C-374