This Just In: Kanawha County

By Cara Bailey | Jan 19, 2007

Jan. 9

Jan. 9
Shannon Renae Starcher, personal representative for the estate of Donald Ray Starcher v. Bridge Road Market Inc.
PA - Lonnie C. Simmons; J - Bloom
* Starcher filed a suit against the Bridge Road Market after her father was electrocuted and died while fixing the market's sign. The suit says the market shows negligence by not providing the proper equipment to Donald Ray Starcher and refused to assist when he was electrocuted. She is seeking compensatory and punitive damages.
Case number: 07-C-56

McClanahan Construction Company v. NLC Construction LLC, H.M. Brown Enterprises dba Raleigh Junk and Cremer Iron and Metal, AG Holdings Inc. c/o Gregory J. Herndon, RJ Recycling LLC, Poor Charlie and Company
PA - Dwane L. Tinsley; J - Berger
* McClanahan filed a suit against five businesses, including NLC Construction, based in Georgia and operating in West Virginia with a state contractor's license. McClanahan is claiming it was contracted to pour and lay concrete for a project in Glasgow, W.Va., but was not paid all it was due. The suit says NLC, the general contractor of the project, owes McClanahan $113,659.75. McClanahan is asking to be paid, as well as seeking punitive damages from the companies.
Case number: 07-C-57

James L. Smith III v. Power Plant Service Inc.
PA - Matthew S. Criswell; J - Walker
* Smith claism he was wrongfully terminated from his job as truck driver with PPS. The suit claims Smith was fired after he filled out a workers' compensation form after injuring his hand changing a tire on his truck. He is seeking back pay, including benefits, compensatory and punitive damages and all out-of-pocket losses.
Case number: 07-C-61

Jan. 10
Kitty K. French v. Andrew "Jack" Whittaker Jr.
PA - John W. Barrett; J - Walker
* French is seeking compensation for Whittaker's failure to comply with the terms of a Confidential Settlement and Release Agreement he entered into with French. The suit claims Whittaker has failed to comply with the terms of his agreement. He claims he has not complied because people have stolen his money. The suit claims Whittaker breached his contract and French is asking for the amount due, plus punitive and compensatory damages.
Case number: 07-C-65

Jan. 11
Jack Shiver and Terri Shiver v. Charleston Area Medical Center Inc. dba CAMC General Hospital
PA - Frank Venezia; J – Zakaib
* Shriver is suing CAMC because he was injured while working in CAMC General Hospital. Shriver is an x-ray and computer service technician. While at the hospital fixing a piece of equipment, he slipped on a floor that had just been mopped, injuring himself. The suit claims the hospital was negligent, because there was no warning the floor was wet. The Shrivers are seeking compensation for their expenses, court costs and punitive damages.
Case number: 07-C-67

Ron Foster v. West Virginia Children's Justice Task Force, Family Service of Kanawha Valley Inc. and West Virginia Coalition Against Domestic Violence Inc.
PA - Michael T. Clifford; J – Bloom
* Foster is suing the organizations after he was removed from a conference offered by the West Virginia Children's Justice Task Force. The suit says he was removed for "multiple complaints of disruptive behavior." Foster is seeking compensation for breach of contract, intentional infliction of emotional distress and sexual discrimination.
Case number: 07-C-68

Chesapeake Appalachia LLC v. South Kentucky Purchasing Company
PA - W. Bradley Sorrells; J – Walker
* Chesapeake Appalachia is suing South Kentucky Purchasing Company for crude oil deliveries that were not paid. South Kentucky Purchasing Company owes Chesapeake Appalachia $2,492,720.26 for deliveries made between March 1 and Dec. 31, 2006.
Case number: 07-C-72

Spensor A. Watson Jr., administrator of the estate of Spensor A. Watson, deceased v. Elkem Management Inc. dba Elkem Metals Company and Greg Eads
PA – David L. White; J – Walker
* Watson is suing the metal company in the name of his father, who died after being exposed to hazardous chemicals at Elkem Metals Company. In July 1990, Watson Sr. was supposed to drive a load of microsilica from Alloy, W.Va., to Hamilton County, Ohio. He became ill when exposed to the microsilica and consequentially died.
The suit claims Elkem was negligent because it knew the microsilica was hazardous, and did not properly train employees on how to handle it. Watson Jr. is seeking compensatory damages to pay for medical bills and funeral costs, as well as punitive damages and court fees.
Case number: 07-C-77

Jan. 12
Robert Samples v. McMillion Research, LLC
PA – James R. Akers, II; J – Bloom
* Samples was a partner of McMillion and was paid annual compensation of part of the partnership operating agreement. Beginning in 2006, Samples was no longer a partner. He says he still is owed $50,000 as part of his 2005 compensation. He is seeking the remainder of the compensation.
Case number: 07-C-78

Amy Kouf v. Claire's Boutiques Inc. and Krystal Thaxton
PA – Mark A. Atkinson; J – Kaufman
* Kouf filed a suit against her former employer, Claire's Boutiques, after she was fired for allegedly stealing money from a cash register. The suit claims Kouf was fired for taking $60, and that she was not paid her wages within 72 hours, which is required by the West Virginia Wage Payment and Collection Act. Kouf is seeking damages for lost of funds, annoyance and inconvenience, as well as punitive damages.
Case number: 07-C-80

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