This Just In: Kanawha County

Jan. 18
Elizabeth Vance v. Oral Wayne Shamblin, McDonald's Corporation
PA – Paul M. Stroebel; J – Berger
* Elizabeth Vance filed a suit against Oral Shamblin and McDonald's Corporation, claiming Shamblin sexually harassed her. Vance was employed by a Kanawha County McDonald's when Shamblin allegedly inappropriately touched and sexually assaulted her. Vance claims Shamblin's actions caused her to leave the company. She suffered damages and losses, including emotional distress, loss of income, humiliation, embarrassment and mental anguish. She seeks compensatory and punitive damages for her injuries.
Case number: 08-C-120

S.S., by and through her legal guardian, S.H v. Mike Taylor, Captain D's
PA – Paul M. Stroebel; J – Kaufman
* S.S., a minor, filed a suit against Mike Taylor and Captain D's, claiming Taylor sexually harassed her. S.S. was employed by a Kanawha County Captain D's when Taylor allegedly inappropriately touched and sexually assaulted her. S.S. claims Taylor's actions caused her damages and losses, including emotional distress, loss of income, humiliation, embarrassment and mental anguish. She seeks compensatory and punitive damages for her injuries.
Case number: 08-C-122

Tammy Wellman and Steven B. Wellman v. Lee F. Allen, DMD, M.D.
PA – Michael A. Esposito; J – Stucky
* Tammy Wellman, of Kanawha County, filed a suit against Lee F. Allen, DMD, M.D., claiming he failed to provide appropriate care while she was his patient. Wellman, who was in Allen's care from March 8, 2001 to May 20, 2004, claims he failed to inform her of the scope and nature of health care he was providing. She claims her condition did not approve and she was injured. Wellman claims she suffered permanent bodily injuries, physical pain and suffering, mental anguish and emotional distress, and medical bills and related expenses. Steven Wellman claims he suffered the loss of love, affection, companionship, services and consortium of his wife. They seek to be fully compensated for their injuries.
Case number: 08-C-132

Jan. 22
Tammy Rae Reed v. City Ice and Fuel Company of Point Pleasant, a West Virginia Corporation, Mason County Exxon, Inc., Art E. Hartley, Sr.
PA – Mark A. Atkinson; J – Walker
* Tammy Rae Reed filed a suit against City Ice and Fuel Company of Point Pleasant and Mason County Exxon. According to the suit, Reed claims she was fired because she is female and because she was accused of having a sexual relationship with a customer on the job site. In the four-count suit, Reed claims she is entitled to damages for indignity, embarrassment, humiliation and annoyance, and inconvenience. She seeks compensatory and punitive damages.
Case number: 08-C-138

Gary Steve Scarborough v. Cornerstone Interiors, Inc., a West Virginia Corporation, Eddie Scarbro
PA – Samuel F. Hanna; J – Zakaib
* Gary Steve Scarborough, a Raleigh County resident, has filed a suit against Cornerstone Interiors and Eddie Scarbro, claiming his rights were violated while he was employed as a painter for Cornerstone. Scarborough claims he was harassed by Scarbro in the workplace. He claims he suffered loss of wages, loss of job benefits, embarrassment, humiliation and mental distress, annoyance and inconvenience, costs and attorneys fees. Scarborough seeks compensatory and punitive damages.
Case number: 08-C-141

Jan. 24
Megan R. Wojcik v. T-J's Inc., Julie Wazelle
PA – Marvin W. Masters; J – Kaufman
* Megan Wojcik filed a suit against T-J's and the owner Julie Wazelle, after she was injured when she was hit on the head with a glass bottle. Wojcik claims she was seriously injured. Wojcik claims she suffered physical injuries, pain and suffering and incurred medical expenses, as well as suffered loss of enjoyment of life, mental pain, anguish, humiliation and embarrassment. Wojcik seeks compensatory and punitive damages.
Case number: 08-C-160

Cheryl Sizemore and Homer S. Sizemore, Sr. v. Wal-Mart Stores, Inc.
PA – Jennifer N. Taylor; J – Bloom
* Cheryl Sizemore filed a suit against Wal-Mart after she was injured when she slipped in the Southridge store. Sizemore slipped on a puddle of water that accumulated from a leak in the sprinkler system. According to the suit, Sizemore suffered cervical and thoracic sprain and strain. She claims she accumulated more than $10,000 in medical damages. Homer Sizemore claims he suffered a loss of consortium from his wife. The Sizemores seek compensatory and punitive damages for injuries and medical expenses.
Case number: 08-C-166

Jan. 28
Bruce I. McElroy v. West Virginia Department of Agriculture, an agency of the state of West Virginia
PA – Kelly R. Reed; J –Walker
* Bruce McElroy filed a suit against the West Virginia Department of Agriculture, claiming he was forced to resign under threat of termination. McElroy, a Forest Health Protection Specialist, suffered from dyslexia and a panic disorder, and took medicine for his condition. In 2007, WVDA switched from topographical maps to military maps. McElroy claims he had great difficulty reading the maps because of his dyslexia. According to the suit, McElroy was called into a meeting June 5, 2007, to discuss his job performance. At the meeting McElroy was advised he was guilty of falsifying documents by documenting a spray in different blocks than those that were actually sprayed. He was told his job performance caused embarrassment for the WVDA. McElroy was forced to sign a letter of resignation and suffered lost wages and benefits, mental suffering, embarrassment and damages. He seeks compensatory and punitive damages.
Case number: 08-C-187