This Just In: Kanawha County

By Cara Bailey | Feb 2, 2007

Jan. 18

Jan. 18
Charles R. Burgess v. A & I Company, A.W. Chesterton Company, Anchor Packing Company, Certainteed Corporation, Garlock, Inc., General Electric Company, Gordon Gasket and Packing Co., Metropolitan Life Insurance Co., Owens-Illinois, Union Carbide Chemical and Plastics Co, Inc., Viacom, formerly known as Westinghouse Electric Corporation
PA - John H. Skaggs; J – Visiting
* Burgess filed suit against 11 corporations -- including two located in West Virginia -- because he says he was exposed to asbestos while employed by Union Carbide. Because of that exposure, Burgess now has permanent lung injuries and mesothelioma, which is worsening daily. He seeks compensatory and punitive damages against the companies, jointly and severally.
Case number 07-C-107

Independence Coal Company v. Admiral Insurance Company, River Oaks Constructions, Inc. and Songer Insurance Agency
PA – Tammy Harvey; J – Zakaib
* ICC filed a suit against the insurance companies, seeking coverage for an employee who was injured when a load of coal was dumped on the portable toilet he was in. ICC has sought coverage for the same accident twice before and was denied both times. The company is now seeking all the damages by covered under the West Virginia Unfair Trade Practices Act.
Case number 07-C-116

Connie Taylor v. Jim Smith, individually and doing business as O.V. Smith and Sons
PA – Stephen P. New; J – King
* Taylor filed the suit against Smith after she slipped and fell on ice piled in a parking lot owned and cleared by O.V. Smith and Sons.
Taylor claims the company failed to properly clear the lot and warn patrons of the piles of ice and snow around the edges. She sustained several injuries. She seeks compensatory damages for her injuries.
Case number 07-C-117

Jan. 23
Estate of Walter McDerment Jr., deceased, by Walter Paul Wyatt McDerment III v. Metropolitan Life Insurance Company aka Metlife Insurance Company of Connecticut, Medical Life Insurance Company, Insurance Services LLC, Kanawha Eagle Coal LLC, Newtown Energy Inc., Rachel Skeens, as natural mother and next friends of Jacob Elliott Skeens, an infant
PA – Gerald R. Lacy; J – Bloom
* McDerment III filed a suit against his late father's insurance companies, and a woman claiming her child is the son of McDerment Jr. The suit claims the beneficiary forms are not valid because it looks like McDerment Jr. was forced into naming the infant as a beneficiary. McDerment III seeks that no money be paid from the insurance companies until a judge can decide on the matter.
Case number 07-C-141

Jan. 24
Kanawha County Emergency Ambulance Authority v. BayerCrop Sciene LP
PA – Raymond Keener, III; J – Berger
* Kanawha County Emergency Ambulance Authority and BayerCrop Science entered into a contract in November 2002. The Emergency Ambulance Authority agreed to provide ambulance services to BayerCrop's Institute plant. The Ambulance Authority provided $259,451.68 worth of services, and BayerCrop paid $239,951.36, leaving an unpaid balance on $19,500.32, which the Kanawha County Emergency Ambulance seeks in court.
Case number 07-C-145

Timothy D. DiVita and Marilyn DiVita v. The University of West Virginia Board of Trustees and CAMC Memorial Hospital
PA – Sprague W. Hazard; J – Berger
* Timothy DiVita was a patient at CAMC under the care of Tanya C. Warwick, a physician employed by the University of West Virginia Board of Trustees. During his stay, DiVita was permanently injured by an undiagnosed spinal epidural abscess, which resulted in a spinal cord injury. The suit claims that Warwick's negligence caused DiVita to lose his best chance at a recovery from the injury.
DiVita seeks up to the limit of liability insurance coverage.
Case number 07-C-148

James P. Schiffman v. Logan Corporation
PA – Mark A. Atkinson; J – King
* Schiffman filed a suit against Logan Corporation after he was fired from the business. Schiffman claims he was fired because he spoke out in a meeting about the improper, unethical conduct of some at Logan Corporation. He seeks punitive damages, court fees and further relief.
Case number 07-C-150

Jan. 25
Charleston Area Medical Center v. Kathryn Y. Lambert
PA – Francis C. Gall, Jr.; J – Walker
* CAMC says Lambert owes $257,993.52 for goods and services. CAMC filed the suit against Lambert, seeking payment in full.
Case number 07-C-159

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