This Just In: Kanawha County

Jan. 28
Houston Wendell and Patricia A. Wendell v. A.W. Chesterton Company, a corporation, et al
PA – William K. Schwartz; J – Visiting
* Houston and Patricia Wendell filed an asbestos lawsuit against 38 companies that worked in the production, manufacturing, sale and distribution of asbestos-laden products. Houston Wendell worked at the DuPont plant in Belle, W.Va. from 1941 to 1980. According to the suit, Wendell was unaware that he was being exposed to asbestos fibers, which caused him to develop mesothelioma. Wendell claims his illness is progressive and essentially untreatable and incurable. The Wendells claim they have suffered and will continue to suffer serious bodily injury, great pain and suffering and mental anguish, medical expenses, lost earnings and other damages. In the 11-count suit, Houston and Patricia Wendell seek compensatory and punitive damages.
Case number: 08-C-188

Jan. 29
James McCoy Lane v. Berry Hills County Club, a West Virginia Corporation, Chris Whalen
PA – Michael T. Clifford; J – Walker
* James McCoy Lane filed a suit against his supervisor, Chris Whalen and Berry Hills Country Club, claiming he was a victim of homosexual sexual harassment. Lane claims Whalen repeatedly asked to go on a date with Lane, requested to perform oral sex on him, and other propositions during regular work hours. Lane claims he suffered emotional distress and lost wages because he was forced to leave his job. Lane seeks to be compensated for the injuries and abuse he sustained.
Case number: 08-C-189

Jerry Allen Wiseman v. Mountaineer Grading Company, a West Virginia Corporation, et al
PA – Matthew S. Criswell; J – Berger
* Jerry Wiseman filed a suit against Mountaineer Grading Company claiming the company violated the West Virginia Human Rights Act and the Workers' Compensation Act. According to the suit, Wiseman suffered from low blood sugar, which was later diagnosed as diabetes. This caused his to tire easily and made it more difficult to concentrate. Wiseman claims he explained these things to his supervisor, Farmer. In October 2007, Wiseman suffered a back injury on the job and went to the doctor. Because the injury happened while he was working, Wiseman filled out workers' compensation paperwork. In the five-count suit, Wiseman claims the company and his supervisors perceived he had a disability when he filed for workers' compensation benefits. He claims he was fired as retaliation for filing the claim. Wiseman seeks back pay, front pay, compensatory damages and punitive damages.
Case number: 08-C-190

Geneva Fritz, as administratrix of the estate of Bobby Fritz, deceased v. CSX Transportation, Inc., a Virginia Corporation, individually and as successor in interest to Chessie System, Inc., and the Chesapeake and Ohio Railroad Company
PA – James A. McKowen; J – Visiting
* Geneva Fritz filed a suit on behalf of the estate of Bobby Fritz, who died from lung cancer he allegedly contracted while working for CSX. According to the suit, Bobby Fritz was employed by CSX. During his employment he was required to work with near toxic and harmful dusts, which contained asbestos and other harmful materials. As a result of the exposure, Fritz contracted lung cancer and other diseases. However, according to the suit, the lung cancer went undiagnosed and therefore untreated for three years. Fritz died from the disease, which the suit says is an occupational injury. According to the suit, CSX should have provided proper safety equipment and ways to help workers avoid the toxins and harmful dusts. Geneva Fritz claims Bobby Fritz suffered personal injury, great pain, extreme anxiety and his enjoyment of life was greatly diminished. She seeks compensatory and punitive damages for his estate and the loss of services, society, affection, counseling and support to his household.
Case number: 08-C-191

Jan. 30
Larry W. Hailey v. Taco Bell, et al
PA – Phillip M. Stowers; J – King
* Larry W. Hailey filed a suit against Taco Bell after he slipped in the MacCorkle Avenue location. Hailey claims he claims he suffered severe injuries and seeks damages for pain and suffering, mental anguish, loss of ability to enjoy life, and substantial medical expenses. According to the suit, Hailey seeks compensatory and punitive damages.
Case number: 08-C-210

Jan. 31
Michael Wiley and Delores Wiley v. EIN Services LLC, a West Virginia Limited Liability Company, High Point Construction Group, J. L. Roush Construction, Timothy Roush, Jared Roush
PA – Mark L. French; J – Berger
* Michael and Delores Wiley filed a suit against EIN Services, High Point Construction and J.L. Roush Construction, after he was injured when he fell from the second floor of a construction project. Wiley claims that while working on the walls of a project in Point Pleasant, he stepped around the unprotected stairwell of the project and fell off the edge. He suffered injuries to his jaw, wrists, back and other various parts of his body, requiring emergency surgery and other medical treatments. Wiley claims he has suffered severe emotional and mental distress, humiliation, anxiety, embarrassment, aggravation, annoyance and inconvenience. Delores Wiley claims she has suffered a loss of spousal consortium, severe emotional and mental distress, anxiety, aggravation, annoyance and inconvenience. Michael and Delores Wiley seek compensatory and punitive damages.
Case number: 08-C-212

Trina Ziegler v. Almost Heaven Ribs, Inc., doing business as Famous Dave's, a West Virginia Corporation, Daniel Bowles
PA – Mark L. French; J- Berger
* Trina Ziegler filed a suit against Famous Dave's, claiming her supervisor sexually harassed her while working there. Ziegler claims Daniel Bowles is a sexual predator and fired her because she would not accept his sexual advances. Ziegler claims Bowles inappropriately touched her, exposed his genitalia to her and would often brag about the size of his penis. According to the suit, Bowles would come to work smelling of alcohol. In October 2007, Ziegler sought legal advice on her situation with Bowles. According to the suit, he found out and Ziegler was fired for allegedly taking food from the restaurant without permission. In the nine-count suit, Ziegler seeks pay for the last 72 hours she worked, plus punitive and compensatory damages for the injuries she suffered.
Case number: 08-C-215