WEST VIRGINIA RECORD

June 15
Gena Elliott, Individually, As the Parent and Next Friend of Nicholas Anthony Bell and Sophia Emma Kathryn Elliott, Minor children and as the Administratix of the Estate of John Elliott v. Dana Mining Company, Inc.
PA-Timothy Bailey; J-Stone
* On Dec. 15, 2006, Dana Mining's Maidsville Prime No. 1 underground mine suffered a roof fall in an intersection of the mine that serves as a travel path for rubber tired equipment. Mine foreman Kenneth Losh entered the mine on Dec. 17, 2006, for the purpose of conducting a preshift examination. Gena Elliott claims Losh cut short his examination and requested workers Gary Mayle and John Elliott to start work early. As the three men entered the mine in the carrier, a portion of the roof -- measuring 28 feet long, 20 feet wide and 5.5 feet thick -- fell. Mayle and Losh were able to exit the mine car before the roof collapsed. Because of where John Elliott was sitting, he was unable to get out of the carrier and was crushed against the back of the car by the falling roof. Elliott's estate claims Dana Mining Co. had knowledge of unsafe working conditions in the mine and failed to provide a safe workplace. Elliott's estate seeks compensatory damages.
Case number: 07-C-388

Charles Steven Elder and Sharon Louise Elder v. West Virginia University Hospitals Inc., West Virginia University Hospitals Inc. dba Ruby Memorial Hospital, West Virginia University Hospitals Inc. dba Mary Babb Randolph Cancer Center and Mary Babb Randolph Cancer Center of West Virginia Inc.
PA-Henry E. Wood III; J-Stone
* Charles Steven Elder was admitted to Ruby Memorial in May 2005 for treatment of leukemia. As part of that treatment, he was placed on a low microbial diet. He was also given fresh fruits and vegetables that were not part of the diet. He was assured by hospital staff that this was safe. As a result of the addition of the fruits and vegetables to Elder's diet, he developed an infection. After treatment with antibiotics and surgery, he was left with a severe facial defect. Elder seeks compensatory damages in addition to reimbursement for medial costs.
Case number: 07-C-377