This Just In: Kanawha County

Feb. 9
Alexis Belcher and Leslie Nicole Belcher v. Arch Coal, Inc. and Conseco Services dba Bankers National Life Insurance Company
PA – Anthony J. Majestro; J – Walker
* Alexis and Leslie Belcher filed a suit against their father's former employer and life insurance company. They claim they were not given the correct amount of benefits, after two-thirds of the benefits had been held in interest-bearing accounts. They seek the amount owed to them.
Case number 07-C-274

Joyce M. Tolman, personally and as executrix of the estate of Terry Warren Tolman, deceased v. A.W. Chesterton Company, et al.
PA – Cindy J. Kiblinger; J - Visiting
* Tolman filed a case against 46 companies, claiming they were all accountable in some way for the asbestos exposure, which caused her husband's death. In a 12-count suit, Tolman seeks compensatory and punitive damages, claiming wrongful death.
Case number 07-C-277

Feb. 12
Kristen Westfall v. MedCare Therapy Center LLC, Romell Abella
PA – Paul M. Stroebel; J – Kaufman
* Westfall filed the suit claiming she was the victim of sexual harassment while working for MedCare. She claims Abella repeatedly harassed her, and created a hostile workplace after she refused his advances. Westfall seeks punitive damages.
Case number 07-C-287

Feb. 13
James Haas v. Jason Edge dba Evergreen Services
PA - Lenna R. Chambers; J – Stucky
* Haas filed the suit, claiming Evergreen Services did not properly install a retaining wall on his property. The suit says there are growing gaps in the blocks and sinking land behind the wall. Haas seeks compensation for tearing down the wall and adjoining fence, which cost about $59,000.
Case number 07-C-288

Feb. 14
Catherine J. Sumpter v. David Facello
PA – J. Burton Hunter, III; J – Kaufman
* Sumpter, a 75-year-old woman, filed the suit against Facello after he hit her in a parking garage following a basketball game. Her right leg was severely injured. Sumpter seeks compensatory and punitive damages. EDITOR'S NOTE: This case was settled.
Case number 07-C-292

Linda Grubbs and Carl Grubbs v. Home Depot U.S.A., Inc., Mountain State Door and Window and Phillip Howerton
PA – Christine D. Derderian; J – Berger
* The Grubbs filed a suit against Home Depot and Mountain State Door and Window, claiming the companies breached their contracts while redoing their kitchen. Due to several incidents Home Depot has stopped work on the kitchen, which has been stripped of appliances, lights and outlets since June of 2006. The Grubbs seek reimbursement for any and all expenses and punitive damages.
Case number 07-C-293

Feb. 15
Shawn M. Johnston v. Andrew J. Whittaker, Jr., Blackburn Pre-owned autos, LLC and Greenbrier Allegheny Construction, LLC
PA – Arthur J. Chmiel; J – Berger
* Johnston has filed a suit against Whittaker, claiming he was fired after asking for an annual bonus. Johnston was the manager of Blackburn Pre-Owned Autos, a business owned by Whittaker. The suit says Whittaker promised Johnston an annual 10 percent bonus and when Johnston asked for the money, Whittaker became irate and fired him. Johnston seeks compensation for his unpaid wages and benefits, plus interest, and other damages.
Case number 07-C-299

Scotty Short v. City of Montgomery, et al
PA – Pro Se; J – Bloom
* Short filed the suit, claiming he was wrongfully fired because of his age. He was 61 when fired. He claims he was fired because the street commission of the city of Montgomery wanted to hire a relative. He seeks compensatory damages.
Case number 07-C-302

Gretchen Cavender and Marshall Cavender v. Michael P. Noto, D.P.M. and Kanawha Valley Foot and Ankle Associates PLLC
PA – Tony L. O'Dell; J – Bloom
* The Cavenders filed a suit against Noto, claiming he did not properly prepare for surgery on Gretchen Cavender's foot. After he performed an implant on her foot, her joint became fused, causing more medical problems. The Cavenders seek compensation for the damages.
Case number 07-C-303

Feb. 16
Rhonda L. Lilly v. Andrew "Jack" Whittaker Jr.
PA – John W. Barrett; J – Kaufman
* Lilly filed a suit against Whittaker, claiming he has breached a contract they have, in connection with a confidential agreement. She claims Whittaker attacked her at the Tri-State Racetrack and Gaming Center and she sued him. However, Whittaker wrote her that he has no money to pay because crooks stole his money. She seeks the amount agreed upon in their settlement.
Case number: 07-C-297