This Just In: Kanawha County

Nov. 27
Sharon Templeton and David Templeton v. West Virginia Physicians for Women, LTO, a West Virginia Corporation, Randall J. Hill, M.D.
PA – Frank M. Armada; J – Walker
* Sharon Templeton filed a suit against West Virginia Physicians for Women and her doctor, Randall J. Hill, after her breast cancer went undiagnosed and untreated for two years. Templeton claims she had two mammograms after masses were found in her left breast, but both showed no malignancy. However, after two years, Templeton was found to have cancer in her left breast and incurred medical expenses of $65,000. David Templeton claims he was deprived of his wife's society, companionship, consortium and services. Together, Sharon and David seek recovery of all damages.
Case number: 07-C-2538

Miguel Figueras, as next friend and natural father of Alex Figueras, an infant v. Charleston Town Center Company, a West Virginia Limited Partnership, et al
PA – Harry F. Bell, Jr.; J – Berger
* Miguel Figueras filed a suit on behalf of his infant son, Alex, who was injured on an escalator at Charleston Town Center. Alex Figueras was riding with his family from the third floor to the second floor on an escalator when his foot became stuck. The metal on the escalator sliced through his shoe and sock, and cut his big toe. Figueras' injuries required medical care and treatment. Miguel Figueras seeks compensatory and other damages.
Case number: 07-C-2539

Nov. 28
Freeman Ray Ayers v. Norfolk Southern Corporation, a Virginia Corporation, individually and as successor to the Norfolk Southern Railway Company, Southern Railway Company, Norfolk and Western Railway Company and the Virginia Railway, et al
PA – James A. McKowen; J – Visiting
* Freeman Ayers filed a suit against Norfolk Southern Corporation and Southern Railway Company, claiming he contracted lung cancer while working. Ayers worked in interstate commerce where he came into contact with near toxic and harmful dusts regularly. He claims he has been ill for the past three years and was diagnosed with lung cancer April 10, 2007. He seeks compensatory and punitive damages.
Case number: 07-C-2550

Walter Freeman v. David Lemmons, in his capacity as superintendent of the West Virginia Department of Public Safety, C.R. Holbert, individually and in his capacity as a West Virginia State Trooper
PA – Nathan A. Hicks, Jr.; J – Stucky
* Walter Freeman, a Logan County man, filed a suit against C.R. Holbert, a West Virginia State Trooper and David Lemmons, the superintendent of the West Virginia Department of Public Safety. Freeman claims he was beaten by Holbert during a traffic stop, and that his Fourth, Sixth and Fourteenth Amendments were violated. According to the suit, he suffered a fractured skull, a bruised brain, a broken nose, a collapsed sinus cavity and cheek cavity fracture. The injuries were so severe, Freeman was admitted to Boone Memorial Hospital and incurred $27,000 in medical expenses. He seeks compensatory and punitive damages.
Case number: 07-C-2551

Nov. 30
Frederick A. Bennett v. Roscoe Johnston, The West Virginia Department of Transportation, Division of Highways
PA – Larry O. Ford; J – Stucky
* Frederick A. Bennett filed a suit against the Division of Highways after he was injured while working as a flagman on a work crew. Bennett is an inmate at the Ohio County Correctional Center. He was working in Marshall County when Roscoe Johnston, a defendant in the suit, hit the sign he was holding. The force of the contact caused Bennett to be knocked to the ground, and he suffered a spine injury. Bennett seeks compensation for his damages.
Case number: 07-C-2564

James R. Townsend v. Boll Medical, Inc.
PA – Richard E. Hardison, Jr.; J – Walker
* James Townsend filed a suit against Boll Medical, after his foot was cut while he was being fit for a special brace. The injury to his foot ultimately caused Townsend to lose his left leg below the knee to amputation. Townsend seeks compensatory and punitive damages.
Case number: 07-C-2565