WEST VIRGINIA RECORD

Dec. 15
Frank and Deanna Monack vs. Wheeling Island Gaming Inc. dba Wheeling Downs Racetrack and Gaming Center and Majestic Industries Inc.
J- Gaughan; PA- David F. Cross and Joseph E. Barki III
* While at Wheeling Downs, a chair upon which Frank Monack was sitting broke, causing injury to his rotator cuff and lumbar spine. The chair was manufactured by Majestic. Monack claims Wheeling Downs' failure to inspect their property created a dangerous condition. Deanna Monack claims to suffer the loss of spousal consortium. The Monacks seek compensatory damages, interest, attorney fees and costs.
Case number: 06-C-462

Dec. 26
Carol Manning vs. Foundation Corporation
J- Gaughan; PA- Jacob M. Robinson
*While lawfully on Foundation's property, Manning tripped and fell on a rubber mat outside the doorway. Manning injured her left elbow, face, eyebrow, cheek and neck in addition to suffering other internal and external injuries. She seeks compensatory damages, interests and costs.
Case number: 06-C-467

Helen Mitcham vs. Family Dollar Operations Inc. and Dlesk Realty and Investments
J- Recht; PA- Gregory A. Gellner
* Dlesk Realty owns land that is rented to Family Dollar. While lawfully walking on this property, Mitcham fell on ice and snow and hit her head. Mitcham claims Family Dollar failed to properly remove the snow causing a hazardous situation. Mitcham seeks compensation for injuries and pre- and post-judgment interest.
Case number 06-C-470

Dec. 29
Mark Justin Fugman vs. The State of West Virginia
J-Recht; PA- Gerasimos Sklavounakis
* Fugman was pulled over for speeding and was then told his driving privileges had been suspended because of previously unpaid tickets. Fugman had not been informed of this suspension. Fugman spoke with the state Department of Motor Vehicles and was told that if he paid the tickets and two reinstatement fees his license would again be valid. Post-payment, Fugman received a notice stating his license had been revoked for a year after driving on suspension. Additionally, Fugman was not represented by counsel during Magistrate Court proceedings. He seeks that a "Writ of Coram Nobis" be granted to remove his guilty/no contest plea, and that the matter be remanded to Magistrate Court.
Case number: 06-C-474

Emily Kay Goddard Young vs. Guardian Elder Care at Wheeling LLC dba Peterson Rehabilitation Hopsital and Geriatric Center
J-Mazzone; PA- Ronald Zavolta
* Young is the daughter and Administratrix of the Estate of the late Elwood M. Goddard, who was a resident of Peterson Rehab. Goddard suffered from various illnesses and ailments. While under the care of Peterson Rehab, Goddard was left unattended in a wheelchair with a broken strap. Because of the faulty strap, Goddard fell from his chair which directly and proximately caused his death, as he suffered a multitude of injuries. Goddard seeks compensatory damages, pre- and post-judgment interest and costs.
Case number: 06-C-477