This Just In: Putnam County

By The West Virginia Record | Jul 13, 2007

May 24
Sultana T. Barnett vs. Paul E. Casto
PA-R-Paul M. Stroebel; J-Eagloski
* On Feb. 10, 2006, the Defendant assaulted and battered the Plaintiff. She was photographed, assualted, and suffered damages and losses including, but not limited to pain and suffering, humiliation, embarrassment, mental anguish, and medical bills. The Plaintiff seeks judgment against the Defendant, for compensatory and puntitive damages in an amount to be determined as well as costs and attorneys' fees associated with bringing this action.
Case number: 07-C-146

Todd Joyce vs. Carter Development Inc., Donald Carter, president of Carter Development and individual, and United Bank Inc.
PA-R-Brian D. Morrison; J- Eagloski
* The Plaintiff entered into a contractual agreement with Carter Development and Donald Carter to build a home. Thereafter, the Plaintiff entered into an Agreement with United Bank, who agreed to finance the construction, with the disbursement of funds to be expressly approved by the Plaintiff. On April 24, 2006, United Bank tendered $125,000 to Carter Development and Donald Carter without the approval of the Plaintiff. Carter Development and Donald Carter thereby refused to finish construction on the house. The Plaintiff demands judgment against the Defendants, jointly and severally, as permitted by law, for damages in said amounts, wihch would reasonably compensate the Plaintiff for damages he has sustained.
Case number: 07-C-147

May 31
Lionel M. Herrald vs. Jetta C. Neal and Earlene M. Sharp
PA-R. Raymond Keener III and Joseph K. Reeder; J- Eagloski
* On June 5, 2005, Lionel Herrald was visiting his sister, who was leasing/renting her residence from the Defendants. As a direct and proximate result of the Defendants' negligence and failure to maintain a safe and habitable rental premises, the Plaintiff fell and sustained serious injuries. The Plaintiff demands judgment in an amount exceeding the jurisdictional limits of the Court as compensatory damages from the Defendants, together with pre and post-judgment interest as provided by law, all costs expended herein, and attorney fees.
Case number: 07-C-158

Dee Dee Wade vs. Two Thirty Eight Capitol Street, Inc. dba Bill's Bar & Grill
PA-R-D. Scott Tyree; J- Eagloski
* In December 2005, the Plaintiff contracted with the Defendant to operate Karaoke equipment for the entertainment of patrons at Bill's Bar & Grill. On or about Dec. 31, 2005, Bill's Bar & Grill was destroyed by fire. The Plaintiff alleges that the building caught fire by the Defendant's negligence, causing her significant financial loss in the form of all her karaoke equipment and compact discs. The Plaintiff demands judgment against the Defendant in an amount sufficient to compensate her for her damages and losses plus pre and post-judgment interests allowed by law, reasonable attorney fees, and costs herein.
Case number: 07-C-159

June 14
Heather Felix vs. City of Saint Albans and James Clarkson
PA-Duane C. Rosenlieb Jr.; J-Eagloski
* On June 19, 2005, while Felix was visiting the Clarkson's home, the water meter cover on the Clarkson's property became dislodged or otherwise collapsed violently throwing the Plaintiff to the ground. Due to the negligence of the Defendants, Felix suffered serious and permanent injuries. The Plaintiff demands judgment from the Defendants, both jointly and severally, in a sum adequate to compensate her for the damages she suffered.
Case number: 07-C-182

June 21,
Barbara Rooney, Administratrix of the Estate of Michael Rooney vs. St. Mary's Medical Center Inc., Jack Richard Traylor, M.D., University Physicians and Surgeons Inc., Benjamin Lee Moosavi, M.D., Christopher Oliver Branam, M.D., Jeffrey Kirk Grynwald, Jr., M.D., David Denning, M.D., James Tackett, M.D., and Huntington Emergency Physicians Group Inc.
PA-Richard D. Lindsay; J- Eagloski
* After injuring his left side in a fall approximately three weeks prior, on or about April 5, 2005, Michael Rooney was presented at 9 p.m. to the emergency department of St. Mary's with complaints of hematemesis, bloody diarrhea and abdominal pain onset after a bout of coughing. A CT Scan was administered showing that Mr. Rooney has a ruptured spleen, thrombosis of the abdominal aorta, right renal ischemia as well as evidence of bowel ischemia. His abdomen was being prepped for surgery when he coded and died on April 6, 2005. An autopsy revealed that he died from hypovolmeic shock. Heparinization for treatment of organized abdominal aortic thrombosis may have been a contributing factor in the death. The Plaintiff alleges that Mr. Rooney died due to the negligence of the Defendants and she demands judgment against the Defendants, both jointly and severally, for compensatory damages for economic and non-economic losses, for punitive damages, plus an award of pre and post-judgment costs, allowable fees, and attorney fees and costs.
Case number: 07-C-189

June 21
Sue Carroll vs. Lincoln Standard Company dba The Putnam Standard
PA-R- Michael A. Olivio and Shawn R. Romano; J- Eagloski
* The Plaintiff was employed as an advertising sales executive in interest for a period of more than 20 years. On or about April 18, 207, the Plaintiff was terminated from further employment by the Defendant. Although the Plaintiff has made demands for the payment of her accrued wages, commission, vacation and other benefits subsequent to the termination of the employment, the Defendant refuses to pay. The Plaintiff demands compensatory damages, general damages, if any, punitive damages, pre and post-judgment interest, and costs and attorneys fees expended in this action.
Case number: 07-C-191

June 27
Wesley Hudnall and Amy Walker vs. Wade Anderson and Encompass Insurance Company of America
PA-R-Jamer R. Akers II; J-Spaulding
* On Dec. 29, 2005, the Plaintiff's were test driving a 1988 Honda Civic owned and maintained by Defendant Anderson. Encompass insured this vehicle. While test driving the vehicle, the Plaintiffs stopped at a gas station to refuel the car, but when they started the car afterwards, it burst into flames, causing the Plaintiffs to suffer various injuries that required subsequent medical care. The Plaintiffs promptly filed suite against Anderson, but after an investigation by Encompass, it was decided that Anderson was not at fault and Encompass refused to pay a settlement. The Plaintiffs then decided to host their own investigation, but Encompass sold the car at auction without informing the Plaintiffs, therefore preventing this. The Plaintiffs allege that Anderson was negligent in his maintenance and ownership of the vehicle while Encompass violated its common law duty to preserve the physical evidence at issue in this claim. The Plaintiffs demand judgment against the Defendants, both jointly and severally, in such sums as will fully and fairly compensate them for their injuries and damages, pre and post-judgment, attorney fees, expenses, and costs.
Case number: 07-C-205

June 28
Rick L. Stover vs. Daniel Oral Richmond
PA-R-Christopher J. Heavens; J-Spaulding
* On Aug. 18, 2005, Richmond operated his 1990 Ford Ranger in a negligent manner, hitting the Plaintiff's vehicle in the rear and proximately causing permanent physical injuries and other damages to the Plaintiff for which Richmond is liable. Stover prays that the Court enter judgment in his favor and against the Defendant, and be awarded monetary relief for all special and general damages, including medical bills, lost wages, pain and suffering, net economic losses, annoyance, aggravation, plus pre and post-judgment statuatory interest, punitive damages, legal costs and, attorney fees.
Case number: 07-C-211

July 3
Mark Halburn vs. the City of Hurricane
PA-R- Pro se; J- Eagloski
* Halburn filed a noise ordinance violation against the City of Hurricane for the construction on the new Wal-Mart.
Case number: 07-C-198

July 2
W.S. by her Next Friend and Natural Mother, Terri McCoy vs. The Putnam County Board of Education, Harold Hatfield, superintendent, and Vickie Farrow, a school bus driver employed by The Putnam County Board of Education
PA-D. Scott Tyree; J- Eagloski
* On June 3, 2007, the Plaintiff, W.S., was leaving Winfield Elementary School and was a pedestrian attempting to cross the street. A school bus operated by Vickie Farrow was stopped in front of Winfield Elementary School and she motioned to cross both lanes of traffic in front of the school bus. The Plaintiff alleges that Farrow did not utilize her stop sign to stop traffic in the southband lane, and the Plaintiff was struck upon entering it by a vehicle operated by Rebecca K. Martin. The Plaintiff sustained personal injuries and other various and economic harm die to the Defendants' negligence and demands judgment against them, jointly and severally, in an amount which will compensate her for all her injuries and damages incurred as a proximate result of the accident described above, attorney fees and costs, and pre and post-judgment.
Case number: 07-C-212

July 2
James Sanders and Tanya Sanders vs. LMS Contracting Inc. and James Ray Pauley
PA-R-Larry L. Rowe; J-Spaulding
* On July 5, 2005, the Plaintiffs were struck and severely injured by a coal truck owned by LMS Contracting and negligently operated by James Ray Pauley. The Plaintiffs demand judgment of and from the Defendants, on or both of them, in a sum equal to the Court's jurisdictional limits for compensatory damages, together with pre and post-judgment interest, reasonable attorney fees and expenses, and the costs of the this action.

July 3
Dawana Starcher vs. Rite Aid of West Virginia Inc. and John S. Paul, R. Ph.
PA-R-Robert B. Warner and Mark A. Glover; J-Spaulding
* On Nov. 4, 2004, the Plaintiff presented Rite Aid with a prescription for Lisinopril. The prescription was filled by Defendant John S. Paul, who erroneously dispensed the Lisinopril at 30mg instead of the prescribed 10mg. The Plaintiff had her prescription refilled at the much higher dosage in January, February, March, April, and May. In May 2006, the Plaintiff began experiencing palpitations and dizziness, which increased in intensity. The dosage error was discovered after she visited the emergency department of Charleston Area Medical Center and her prescribing doctor. Due to the Defendants' carelessness and negligence, the Plaintiff has suffered damages, including but not limited to permanent physical damage, medical expenses, physical pain and suffering, and mental anguish. The Plaintiff demands compensatory damages of and from the Defendants in such sums as would adequately compensate her, together with pre and post-judgment interest, the costs expended in the prosecution of this lawsuit, and reasonable attorneys fees.
Case number: 07-C-221

July 5
Don McClelland vs. Teays Valley Car Wash LLC and a registered member Thomas Wellman, an individual
PA-David D. Ansbary; J- Spaulding
* On Aug. 8, 2006, the Plaintiff and Defendant Wellman, on behalf of Teays Valley Car Wash, entered into an Agreement whereby the Plaintiff was to provide certain construction services. The Plaintiff was to be paid $140,000 in exchange for completion of the construction services. Subsequent to entering into the Agreement, the Plaintiff agreed to provide additional work, raising the total to $150,084.90. On or about March 1, 2007, the Plaintiff fully and Faithfully completed the construction services. While the Defendants paid $120,000, but they did not pay $30,084.90, despite repeated attempts by the Plaintiff to collect the moneys owed. The Plaintiff requests judgment against the Defendant in the sum of $30,084.90, plus pre and post-judgment interest, attorney fees, and costs in pursuing this claim, and further requests the sale of the subject property with the proceeds to be applied to the outstanding debt.
Case number: 07-C-231

July 6
Sam E. Cole vs. the City of Hurricane and the Putnam County Commision
PA-R-David O. Moye and Lisa M. Moye; J-Spaulding
* The Plaintiff was a candidate for Mayor of the City of Hurricane in an election held on the June 12, 2007, and alleges that the Defendants failed to provide secrecy envelopes to hold and seal the ballots of early voters, ensuring their integrity, and were therfore improperly included by the Defendants in determining the successful candidate for Mayor. Scott Edwards was certified to be the Mayor of the City of Hurricane after counting the early voter ballots. Without the inclusion of these ballots, the Plaintiff would have been the successful candidate for Mayor and prays that the Court omit the early ballots from consideration of the aforesaid election and declare the Plaintiff to be the successful candidate for Mayor of the City of Hurricane.

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