WEST VIRGINIA RECORD

Feb. 20
Keisha A. Deuesenberry v. Holland Enterprises dba Subway Restaurant
PA-J. Bryan Edwards; Judge Robert B. Stone
* Keisha Deuesenberry, 7 months pregnant, was dining at the Subway Restaurant located in the Wal-Mart at University Towne Center. On the way back to her seat after obtaining a drink from the beverage machine, she slipped and fell on water that gathered near the machine. Before leaving the restaurant, she phoned her doctor who advised her to go to the emergency room. After being examined, the doctor determined that she was in premature labor and admitted to the hospital for two days to stop the labor. Deuesenberry seeks compensatory damages for past, present and future medical expenses, lost wages, and loss of earning capacity; general damages, pre and post judgment interest, costs and attorney fees.
Case number: 08-C-124

Feb. 27
Metro Properties, LLC, v. City of Morgantown Planning Commission
PA-J. Bryan Edwards; Judge Russell M. Clawges, Jr.
* On February 14, 2008, Metro Properties was denied site plan approval by the Morgantown City Planning Commission for a third building in their City Garden development. Approval for two other buildings on the subject development were previously approved by the Planning Commission. Prior to being brought before the Planning Commission, building #3 was approved by the Board of Zoning Appeals. Metro Properties believes the failure to approve this portion of the City Gardens project was arbitrary and capricious and they had no factual basis not to approve this building. Metro Properties has incurred financial loss and construction on the entire project has been held up. They ask to be granted a Writ of Certiorari and find that the Planning Commission's failure to approve their petition was illegal.
Case number: 08-C-155