THIS JUST IN: Marshall County

By Denise Simpson | Sep 21, 2007

Sept. 4
Richard Brown vs. Wyetta Fredricks; James Spencer; Cecilia Janiszewski; Lt. Midcap; James Rubenstein; Prime Care Medical of West Virginia, Inc.; Dr. Karl Mueller; Plastic Surgery, Inc.; Individually and in their Official capacities.
PA - Richard Brown; J - Karl
* On Sept. 2, 2005, while an inmate in Northern Regional Jail, the cell door closed cutting off the top of Brown's finger. Brown claims that a safety compression arm bracket, removed by maintenance, is responsible. An Order is sought prohibiting retaliation against him for bringing this action, along with punitive damages and proper medical care for his injury.
Case number: 07-C-218

Sept. 7
Ron Murrin, Winnie Murrin and Dean Roberts vs. James A. Corley and Jill C. Corley and Charles W. Corley and Ruth A. Corley
PA - Eric Gorden; J - Madden
* Murrin seeks Injunctive Relief and an Order enjoining Corley's from denying them access to their property. They claim they are unable to market their property for sale without access.
Case number: 07-C-219

Teresa M. Toothman and Thomas W. Toothman, Sr. vs. Mountain State Parents' Children and Adolescent Network, Inc. and Melody Maybright and Bob McConnell
PA - W. Gus Saines; J - Karl
* Toothman says she worked for Mountain State for 13 years when her employment was terminated, on April 5, 2007, after it was perceived her Carpal Tunnel Syndrome required surgery. She claims Age Discrimination accounting for humiliation, embarrassment, degradation, emotion and mental stress, anxiety annoyance, and inconvenience for which she seeks punitive damages, fees and costs.
Case number: 07-C-220

Sept. 13
Consol Energy, Inc. vs. James R. Conley
PA - Edward M. George and Robert D. Plumby; J - Madden
* Conley was licensed to perform mining activities while employed by Consol. He received injuries and his employment ceased Aug. 21, 2001. A Release of Information and Agreement to Reimburse was entered into and Consol seeks $70,786.69 in overpayment of Long Term Disability fees in accordance with the agreement, along with costs and fees.
Case number: 07-C-225

New civil filings from Monongalia Circuit Court, Sept. 10-12

Sept. 10

David M. Morgan v. The University of West Virginia Board of Governors, West Virginia University Hospitals, Inc. d/b/a Ruby Memorial Hospital and West Virginia University Medical Corporation dba University Health Associates and James K. Hackett
PA - Michelle Widmer Eby; J - Stone

*David M. Morgan began his psychiatry residency at WVU from May of 1976 through July of 1980 and was employed as a Clinical Assistant Professor. He retained his position as a Clinical Assistant Professor of Psychiatry until June 1980 when he began employment as Staff Psychiatrist at Valley Community Mental Health Center from 1980 through 1988. In October of 1988 he then began full time employment with UHA and WVUH as an Assistant Professor of Psychiatry on a 12-month contract. From 1988 through May 15, 2006, Morgan was Staff Psychiatrist at WVU Health Services located in the Health Sciences Center at which time he inquired of the possibility of switching from a 12-month to a 9-month employment contract. On May 16, 1991, all parties mutually agreed and Morgan began working as a 9-month employee. Morgan was aware that he would receive a reduction in pay but was given no indication that his benefit status would change. Morgan retired from his Staff Psychiatrist position in May 2006, due to chronic health conditions that he claims developed through exposure to harmful chemicals at his office, which was located beneath the Mary Babb Randolph Cancer Center. The Cancer Center operated their mammography machine that utilized glutaraldehyde, a photographic chemical. As a result of the exposure to this chemical, and other similar chemicals, Morgan developed several chronic respiratory disorders. Morgan claims that by not addressing and correcting the toxic work environment, he was constructively discharged and forced to resign/retire from his employment. Morgan claims that he was not notified of the possibility of any benefit changes and he was led to believe he was accruing years of service and benefits throughout his employment and would be eligible for retirement. Morgan is seeking judgment, jointly and severally, for compensatory and punitive damages, pre and post judgment interest, attorney fees and court costs and is asking for a trial by jury.

Case number: 07-C-600

Sept. 12

Carolyn Parrack, Administratix of the Estate of Miranda Nicole Parrack, Deceased v. General Motors Corporation and Tygart Valley Motor Company, Inc.
PA - Dino S. Columbo; J - Stone

*On Sept. 15, 2005, Miranda Parrack was a passenger in a 1998 Chevy Blazer driven by Robert J. Howell. While traveling on I-79 near the Goshen Road exit, Howell lost control of his vehicle and went off the eastern side of the left-hand southbound lane and the Blazer rolled over. Even though Parrack was wearing a seat belt at the time of the rollover, her occupant restraint system failed, she was ejected from the vehicle and killed. Carolyn Parrack claims the vehicle was defective and dangerous at the time it left the hands of General Motors and Tygart Valley Motor Company. Parrack is seeking monetary damages for pre-crash terror suffered by Miranda Parrack, conscious pain and suffering from the time the accident began until the time of her death; sorrow, mental anguish, compensation for reasonably-expected loss of income of Miranda, and reasonable funeral expenses. In addition to compensatory damages, Parrack also seeks punitive damages against General Motors based on willful, wanton, malicious and reckless conduct.

Case number: 07-C-605

New civil filings from Ohio Circuit Court, Sept. 7-13

Sept. 7
Robert C. Wells, Carol Wells vs. Robert D. Taggert, Jr. and AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY
PA- Jacob M. Robinson and Ronald W. Zavolta; J- Gaughan
*Wells claims due to Taggert's failure to maintain control and yield right of way his vehicle was violently stuck causing in a rear end collision. Compensatory damages, costs and fees are sought.
Case number: 07-C-402

Sept. 13
Lori Beth Caruth vs. Imogene B. Burgy and FARM FAMILY CASUALTY INSURANCE COMPANY Underinsured Motorist Insurer.
PA- David Hummel, Jr.; J- Mazzone
* On August 21, 2006, at the intersection of 22nd and Chapline, Caruth claims failure to yield right of way of Burgy caused a collision in Reisbeck's parking lot. Compensatory damages and costs are sought for physical, emotion and mental sufferings, as direct and proximate results of the injuries sustained.
Case Number 07-C-405

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