This Just In: Ohio County

Oct. 1
Todd A. Best, individually and as Administrator of the Estate of Beth Best vs. K. Stephen Wiley, M.D. d/b/a/ Ohio Valley Colon and Rectal Surgery, PLLC
PA- Gregory Brown; J- Mazzone
* On Jan. 6, 2005, Wiley performed a flexible signoidoscopy and, on Jan. 11, Best was admitted to OVMC where x-rays revealed dilated loops of small bowel in her abdomen. The next day, Best experienced violent projectile vomiting followed by cardio-respatory arrest. The Administrator of the Estate seeks compensation for his wife's wrongful death including pre-mortem pain, suffering, emotion and physical injuries as well as loss of consortium under West Virginia Wrongful Death Act.
Case number: 07-C-442

Joshua Jones vs. Wheeling Hospital, Inc.
PA- David Delk, Jr. and Jeffrey A. Grove; J-Recht
* Hired as a nurse in 2005, Jones says he was a leader of efforts to obtain higher wages for the nurses in his department. His employment was terminated June 6, 2007, to which violation of his human rights are claimed. Compensatory and punitive damages are sought for wrongful termination, along with judgment interest, costs and fees.
Case number: 07-C-443

Oct. 3
Balvinder Sandu vs. George Fatula, Jr., Individually and doing business as Wheeling Tent & Awning Co.
PA- William Petroplus; J- Gaughan
* On Aug. 16, 2006, a Promissory Note for $15,000, incorporating Fatula and his business. The term of the Note was due on demand. Sandu seeks amount of loan and pre- and post-judgment interest and attorney's fees.
Case number: 07-C-446

Danielle Wines vs. Johnny M. Vance and Nationwide Mutual Insurance Company
PA- Jacob Robinson; J- Recht
* While operating a vehicle on Fairmont Avenue, Wine was struck through the negligence of Vance's failure to yield right of way, maintain speed and control. Immediate physical harm occurred and as direct proximate result she incorporates reckless infliction of emotional distress and tort of outrageous conduct. Compensation and punitive damages are sought by setting an example, prohibiting Vance from this type of conduct in West Virginia ever again.
Case number: 07-C-449

Erick M. Gibbons vs. Big League
PA- James Bordas Jr. and Jason Causey; J- Gaughan
* While working on the premise of the Capital Music Hall, as arranged through Local 64, plywood was being unloaded to build a stage which fell and crushed Gibbons' right foot and leg. Negligent design of the work process resulted in a hazardous work environment. As a direct and proximate result medical bills and loss wages were incurred and the injuries are believed permanent. Compensatory and general damages, along with attorney's fees and costs are sought.
Case number: 07-C-450

William Metzner Sr. vs. Phyllis Ann Sewell formerly known as Phyllis Ann Adams and also Phyllis Ann Sampson
PA- William Metzer pro se; J- Wilson
* From Feb. 6, 2003, to June 11, 2003, legal services were rendered in Family Court. Expenses associated with legal proceeding totaled $5,808.00 for which the client was billed [$8.25]. Two credits were made to the account $217.32 on March 22, 2003, and $108.66 on May 5, 2003. The balance of the original bill, along with fees and costs are requested.
Case number: 07-C-451

Oct. 4, 2007
Lisa L. Montgomery vs. Tracy V. Zonker and Rick Zonker
PA- Jacob Robinson; J- Recht
* While traveling on Route 2 near 313 Main Street, Montgomery claims on Feb. 10, 2006, she was struck when Zonker failed to maintain control and yield right of way. As direct and proximate result of careless and negligence. Diverse and sundry expenses for medical care along with compensatory interests and costs are sought.
Case number: 07-C-453