WEST VIRGINIA RECORD

Aug. 30
City of Beckley, W.Va. v. West Virginia Division of Labor, David Mullins, commissioner, Darrell V. McGraw, Attorney General
PA – Ricklin Brown; J – Walker
* The City of Beckley has filed a suit against the Division of Labor, seeking a court injunction that deems the application of West Virginia prevailing wage laws to federally funded projects unlawful. The city is seeking the injunction in relation to the Neville Street Project, which received more than $2 million in grants in two years, from the U.S. Department of Housing and Urban Development.
Case number: 07-C-1844

Betty Ann Green v. The West Virginia Department of Transportation, Division of Motor Vehicles, Kanawha Mall, Apollo Real Estate Advisors
PA – Brian L. Ooten; J – Kaufman
* Betty Ann Green, of Boone County, filed a suit against the Department of Transportation and the Division of Motor Vehicles after she tripped on an area of raised carpet at the Kanawha City DMV office. Green injured her face and left eye. She seeks compensatory and punitive damages.
Case number: 07-C-1855

Gregory D. Black v. Vista View Apartments, Manager
PA – Susana Duarte; J – Walker
* Gregory Black filed a suit against Vista Views Apartments after he was denied the chance to move to a smaller unit, then evicted for a criminal charge in his past. Black, who had lived in the apartments for more than six months, claims the complex knew about his background when his initial application was accepted. He still lives in the complex, after he was forced to leave for three days. He seeks to be allowed to move into a smaller unit. He also seeks $15,000 in punitive damages and at least $240 in compensatory damages.
Case number: 07-C-1856

Sept. 4
Navar Brian Harris, by his next friend and legal guardian, Christa Robinson; Christa Robinson and Ronald Harris v. ABC Pediatrics, PLLC, A West Virginia Corporation
PA – Madonna C. Estep; J – Stucky
* Christa Robinson filed a suit on behalf of her four-month-old son, Navar Brian Harris, claiming he lost his hearing because of treatment he received at a pediatrician's office. Robinson claims her son had a high fever and was forced to stay in the waiting room for an extended period of time. She seeks compensatory damages.
Case number 07-C-1869

Philip Tully v. Selah Corporation, A West Virginia Corporation, Brody Mining, Daniel Robinette, Belo Mine Services, Gene Brinager, Sr.
PA – Matthew S. Criswell; J – King
* Philip Tully filed a suit against Selah Corporation, a mining company, claiming he was received death threats after witnessing a copper theft at the mine. Tully claims he was fired after he reported the theft to a mine inspector. Tully also claims he was forced to work in a hazardous environment, as supervisors were trying to make his jobs difficult so that he would quit. He seeks back pay, front pay, compensatory and punitive damages.
Case number: 07-C-1870

Sept. 6
Janice V. Bailey as Natural Mother and Next Friend of Joanie L. Cline, an incompetent and protected person and Joanie L. Cline, in her capacity as an individual v. The West Virginia Division of Corrections, a Corporate Governmental Instrumentality, Commissioner Jim Rubenstein, Anthony Correctional Center, Scott Patterson, Warden, Bryan Chris Yoakum, individually, Attorney General Darrell McGraw
PA – David A. Jividen; J – Stucky
* Janice Bailey filed a suit against the West Virginia Division of Corrections on behalf of her daughter, Joanie L. Cline, who is incarcerated in Anthony Correctional Center. According to the suit, Cline was raped several times by Bryan Chris Yoakum, who works at the center. Cline claims that between Nov. 8, 2005 and Aug. 3, 2006, Yoakum assaulted her. In the 17-count suit, Cline says she suffered extreme emotional distress and physical injury. She seeks punitive and compensatory damages.
Case number: 07-C-1877

Samuel Plumley v. Pinecrest Hospital, Darrell McGraw
PA – Barry L. Bruce; J – Zakaib
Jerome Walker v. Pinecrest Hospital, Darrell McGraw
PA – Barry L. Bruce; J – Stucky
Amy Helton v. Pinecrest Hospital, Darrell McGraw
PA – Barry L. Bruce; J – Kaufman
Kyle King v. Pinecrest Hospital, Darrell McGraw
PA – Barry L. Bruce; J – Walker
Cheryl Farley v. Pinecrest Hospital, Darrell McGraw
PA – Barry L. Bruce; J – Berger
Ronald David v. Pinecrest Hospital, Darrell McGraw
PA – Barry L. Bruce; J – King
Sandy Gregory v. Pinecrest Hospital, Darrell McGraw
PA – Barry L. Bruce; J – Stucky
Jerry Helton v. Pinecrest Hospital, Darrell McGraw
PA – Barry L. Bruce; J – Zakaib
Danny Sutphin v. Pinecrest Hospital, Darrell McGraw
PA – Barry L. Bruce; J – Bloom
Cynthia Hairston v. Pinecrest Hospital, Darrell McGraw
PA – Barry L. Bruce; J – King
* Ten suits were filed by attorney Barry L. Bruce against Pinecrest Hospital, claiming negligence shown by the hospital caused the plaintiffs to contract tuberculosis while visiting, working or as a patient in the hospital. According to the suit, the hospital installed wall air-conditioning units, which caused air in the tuberculosis wing of the hospital to spread to other parts. The plaintiffs have all tested positive for tuberculosis. They seek compensatory damages for medical expenses and treatments, medical monitoring, prescription expenses, pain and suffering, emotional distress, interest and costs of the action, plus any other relief the court deems necessary.
Case numbers: 07-C-1880-1889