WEST VIRGINIA RECORD

Jan. 12
Carol J. Thoburn vs. Wyeth Pharmaceuticals, Wheeling Hospital Inc., et al.
J- Gaughan; PA- Ronald W. Zavolta
* Thoburn claims that for a period of three to five days, Wheeling Hospital intravenously administered to her a defective product. The product, Phenergan and/or Promethazine HCl, was manufactured, developed, and supplied by the defendants. Thoburn is suing Wheeling Hospital on counts of strict liability, breach of warranties, negligence, and a failure to warn. She also holds Wyeth et al. responsible on these counts in addition to gross negligence and reckless conduct. Thoburn suffered internal and external injuries and seeks compensatory damages, an amount in excess of jurisdictional limits, punitive damages, and interests and costs.
Case number: 07-C-14

Jan. 24
Holli Massey Smith vs. Matthew W. Myers
J- Recht; PA- Gail W. Kahle
* Myers' Ford F350 collided with Smith after he attempted a right hand turn from the left hand lane in the Ohio Valley Medical Center Parking Garage. In addition to vehicular repair costs of $3,533.33, Smith also incurred various injuries. She seeks judgment in her favor, costs, and interests.
Case number: 07-C-33

Jan. 29
Pro Grass LLC vs. Ohio County Commission
J- Gaughan; PA- Denise D. Klug
* The OCC and Pro Grass agreed upon the manufacture and installation of a new artificial surface for Wheeling Island Stadium in the sum of $459,622. After three changes, a new contract was agreed upon in the sum of $524,059. Pro Grass was paid upon each application for payment without dispute until $23,323 remained for materials supplied directly by the OCC. The OCC has failed and refused to pay the sum. Pro Grass claims the OCC has breached the contract and seeks the $23,323 owed, along with pre- and post-judgment interest and attorney fees.
Case number: 07-C-37

Nikki A. Anderson vs. City of Wheeling
J- Mazzone; PA-Joseph J. John
* Anderson was hired by the City of Wheeling as a police officer. While at the Police Academy, she broke her leg but continued to work a light duty for the department. The City has a policy and represented to Anderson that she would receive a raise after six months and another raise after her probationary period. The City has refused to grant the raises promised, and Anderson seeks a write of mandamus be issued to accord relief, costs, interest, attorney fees and expenses.
Case number 07-C-38

Jan. 30
Lary Loew vs. John J. Billie Jr., Billie Insurance Services, et al.
J- Recht; PA-Ronald B. Johnson
* After Loew obtained insurance from Billie on a condominium, Billie completed an application form for insurance signed by Loew's wife. The application falsely purports to show Lary Loew's signature. Loew was issued a landlord's policy and Comprehensive Perils Coverage. When Loew's property suffered from a backed up drain, Loew was informed he only had a policy covering Name Perils, and his claim was denied. Loew seeks $14,000 in the amount of the damage he suffered as well as an insurance premium payment of $273 for the insurance he did not receive, punitive damages and attorney fees.
Case number: 07-C-41