This Just In: Kanawha County

Nov. 13
Ruben J. Birkhimer and Erma Birkhimer, Joyce Farley on behalf of the estate of Max O. Farley, Joseph Fernandez, Ida Mae Hoit and Harold Hoit, Shirley McClain, on behalf of the estate of Kenneth B. McClain and Ronald and Joyce Rouse v. 20th Century Glove Corporation of Texas aka Guard Line, Inc., et al
PA – David Chervenick; J – Visiting
* Six families have filed class action asbestos lawsuits against 105 companies, through Pittsburgh attorney David Chervenick. Ruben J. and Erma Birkhimer; Joyce Farley, on behalf of the estate of Max O. Farley; Joseph Fernandez; Ida Mae and Harold Hoit; Shirley McClain, on behalf of the estate of Kenneth B. McClain; and Ronald and Joyce Rouse all seek compensatory and punitive damages against the defendants. All the families claim the harmful mineral dusts affected them. Charleston attorney Scott Segal is also representing the plaintiffs.
Case numbers: 07-C-2437 to 07-C-2442

Nov. 14
Michael Wimmer v. West Virginia Department of Transportation, Division of Highways
PA – Larry O. Ford; J – Bloom
* Michael Wimmer, an inmate at the Ohio County Correction Center, filed a suit against the Department of Transportation, Division of Highways. Wimmer was on a work crew that moved steel beams into the bed of trucks, with the assistance of a crane. According to the suit, Wimmer was working on the crew when the beams crushed his hand. He seeks compensation for his injuries and damages.
Case number: 07-C-2453

Roger D. Null v. Wal-Mart Stores, Inc., a corporation
PA – Thomas H. Peyton; J – Bloom
* Roger Null, of Poca, filed a suit against Wal-Mart, after his truck was damaged when the incorrect oil filter was placed in his vehicle. Null claims the filter was defective and caused significant damage to his truck. He seeks compensatory and punitive damages.
Case number: 07-C-2454

Kathy Carte, as adminitratrix of the estate of Teddy Carte v. Charleston Area Medical Center, Inc., a West Virginia Corporation, Nimish K. Mehta, M.D., Prasuna Jami, M.D., West Virginia University Board of Governors
PA – Richard D. Lindsay; J – Zakaib
* Kathy Carte, of Elkview, filed a suit on behalf of her husband, who died while a patient at CAMC. Teddy Carte was admitted to CAMC with complaints of pain in his lower, left leg, fever, chills and a knot on his left calf. He was admitted with a diagnosis of deep vein thrombosis. The day after he was admitted, Teddy Carte suffered the loss of pulse in his leg and required intubation. He was taken to surgery and died shortly after. Kathy Carte seeks compensatory and punitive damages for the injuries her husband suffered, as well as the various expenses and damages she suffered.
Case number: 07-C-2455

James L. Elkins and Betty Elkins v. Bashir Sankari, M.D., Mark Douglas, D.O.
PA – Richard D. Lindsay; J – Stucky
* James Elkins filed a suit against two doctors, claiming their failure to provide testing resulted in metastatic prostate cancer. Elkins went to doctors Bashir Sankari and Mark Douglas for treatment of prostate cancer in 2002. In 2005, Douglas informed Elkins that he had not had his PSA checked in two years. The tests were performed and it was determined that Elkins has metastatic prostate cancer. Elkins claims the doctors failed to provide follow-up care and testing. He and his wife, Betty, seek compensatory damages.
Case number: 07-C-2457