WEST VIRGINIA RECORD

Feb. 16
Erick M. Gibbons vs. Live Nation Inc.
J- Wilson; PA- James G. Bordas
* Gibbons claims he was injured on the job when a foreman failed to take fellow workers' advice and a cart containing plywood tipped, injuring Gibbons' leg and foot. He seeks compensatory damages, pre- and post-judgment interest, attorney fees and court costs.
Case number: 07-C-66

Feb. 20
International Association Local Union #33 vs. Brian Freshwater
J- Gaughan; PA- John F. Dascoli
* Union #33 claims Freshwater violated provisions of the their Collective Bargaining Agreement relating to pay, rules, and working conditions by accepting employment from an employer not bound by the Union's CBA. Freshwater was sent notices as to his trial date but failed to show. He was fined $8,000 but made only a $200 payment. The Union seeks the remaining amount of $7,800 plus interest.
Case number 07-C-68

International Association Local Union #33 vs. John P. Bartsch
J- Recht; PA- John F. Dascoli
* Union #33 claims Bartsch violated provisions of the their Collective Bargaining Agreement relating to pay, rules, and working conditions by accepting employment from an entity covered by the Union's jurisdiction. Bartsch was given notices as to his trial date but failed to show. He has failed to pay his $15,000 fine. The Union seeks the fine amount and interest.
Case number: 07-C-69

Anita Nightengale vs. Wendy's Eastern Management Group Inc., Ivan Myles and Nicole Russell
J-Gaughan; PA- Patrick S. Cassidy
* Nightengale, a Wendy's employee, claims harassment from co-workers forced her to quit her job. She seeks lost pay and benefits and compensatory and punitive damages.
Case number: 07-C-70

Feb. 22
Tim Bishop vs. WTOV Inc.
J-Recht; PA-Patrick S. Cassidy
* Bishop was hired by WTOV as a videographer and eventually was offered a new producer position, which included a contractual term of employment of two years. Bishop claims WTOV prematurely terminated his employment. He then took a new position at WVTX-TV, and WTOV threatened to sue the company if Bishop was not terminated immediately. Bishop's employment with WVTX was consequently terminated. Bishop seeks compensatory damages in the amount of $70,000, exclusive of interest and costs.
Case number: 07-C-71

Nicholas Tomlin vs. Office of Law Enforcement Technology Commercialization Inc., James Estep, et al.
J-Recht; PA- Patrick S. Cassidy
* When Tomlin's employment by the OLETC was terminated, he went on unrestricted paid leave and entered into an employment agreement. The agreement provided that he would receive an offer letter with a minimum salary of $90,000 contingent upon the award of a project. After the project was awarded, Tomlin did not receive his offer letter. He seeks compensatory and punitive damages.
Case number: 07-C-72