WEST VIRGINIA RECORD

Feb. 6
The City of Charleston, West Virginia v. Larry R. Murphy, et al
PA – Robin R. Louderback; J – Berger
* The City of Charleston filed a suit against Larry Murphy, the driver of a tractor trailer owned by Roe Transportation, after Murphy hit a traffic signal light at the corner of Virginia Street East and McFarland Street. Murphy hit the light Oct. 20, 2006. According to the suit, Murphy owes the city $15,635.
Case number: 08-C-261
Feb. 7

Sharlene Allen, power of attorney for Irene Morris v. Herbert J. Thomas Memorial Hospital Association doing business as Thomas Memorial Hospital.
PA – Harry F. Bell, Jr.; J – Stucky
* Sharlene Allen filed a suit as power of attorney for Irene Morris, against Thomas Memorial Hospital. Morris was a patient at the hospital in August 2007. According to the suit, Morris entered the hospital Aug. 14, 2007 with complaints of weakness, and fell Aug. 18, suffering a broken leg. Allen claims Morris suffered bodily injuries, including the aggravation of existing4 diseases and physical defects and incurred medical expenses. She seeks compensatory and punitive damages.
Case number: 08-C-264

Feb. 8
Charles Fields and Sarah Fields v. Catalyst Refiners, Inc.
PA – Richard Neely; J – Stucky
* Charles and Sarah Fields filed a suit against Catalyst Refiners, Inc., after Charles suffered severe burns over 50 percent of his body when injured in a chemical explosion. According to the suit, Fields suffered the explosion when hydrogen peroxide was mistakenly pumped into a reactor containing silver nitrate, silver oxide and nitric acid. According to the suit, Fields is now unable to be exposed to the sun, suffered constant anxiety and nervousness and has been diagnosed with post-traumatic stress syndrome. He claims he can no longer play normally with children, including the three that he and his wife plan to adopt. He can no longer play sports, participate in most outdoor activities or life objects even as heavy as a household vacuum cleaner, the suit says. Fields also claims he can no longer participate in normal sexual relations with his wife, which has caused them to separate for a period of time after the accident. According to the suit, Sarah Fields have been forced to vicariously endure the pain and suffering of her husband, which has made her become nervous and take medications for her emotionally upset condition. Fields claims her once happy and harmonious relationship was strained almost to the breaking point. Charles Fields seeks $1,200,000 for lost wages, fringe benefits and lost future earnings; $850,000 for cosmetic disfigurement and for loss of past and future enjoyment of life; and $500,000 for past and future pain and suffering. Sarah Fields seeks $1,500,000 for loss of consortium. Both seek an amount to compensate them for the fair market value of past and future nursing services.
Case number: 08-C-274

Feb. 11
Barbara L. Tucker v. Value City Department Stores LLC
PA – Robert B. Warner; J – Walker
* Barbara Tucker filed a suit against Value City after she was injured when a large display of patio umbrellas fell on her. According to the suit, Value City breached the duty of care by negligently creating a dangerous condition, specifically placing the umbrellas in an inappropriate and unsafe display rack. Tucker claims Value City's negligence caused her injuries and therefore the company is responsible for damages to compensate her injuries.
Case number: 08-C-295

Feb. 12
Diana Brandon v. Almost Heaven Ribs, Inc, doing business as Famous Dave's, a West Virginia Corporation, Rex Donahue and Daniel Bowles
PA – Mark L. French; J- Berger
* Diana Brandon filed a suit against Famous Dave's, claiming her supervisor sexually harassed her while working there. Brandon 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 try to undress her. Brandon claims she was discharged because of the sexual harassment. In the seven-count suit, she seeks compensatory and punitive damages.
Case number: 08-C-301

Feb. 13
John V. Orban and Myra R. Orban v. Petroleum Marketers, Inc., dba Whiting-Jamison Oil Company, a Virginia Corporation
PA – Damon L. Ellis; J – Stucky
* John Orban filed a suit against the owners of Exxon at the Beckley Travel Plaza after he fell on ice while traveling through the state on his way to Florida. Orban claims he was diagnosed with cervical stenosis due to the fall. Orban claims he has suffered physical pain and suffering and incurred hospital bills, physical therapy, medication and other expenses. His wife, Myra Orban, claims she suffered from loss of consortium as a result of her husband's injuries. John and Myra Orban seeks compensatory and punitive damages for their injuries.
Case number: 08-C-304

Carolyn L. Morrison v. Herbert J. Thomas Memorial Hospital Association, a West Virginia Corporation
PA – Mark A. Atkinson; J – Kaufman
* Carolyn Morrison filed a suit against Thomas Memorial Hospital, claiming she was fired because of her age and sex, which is a violation of the West Virginia Human Rights Act. Morrison was employed by the hospital for four years, before she was "maliciously and unlawfully" fired Dec. 19, 2007. In the four-count suit, Morrison seeks damages for lost wages, back pay, front pay, damages for indignity, embarrassment, humiliation and emotional distress.
Case number: 08-C-308

Feb. 14
Bessie Kirk, individually and Freda Massey, as power of attorney and next friend of Bessie Kirk v. West Virginia Home Health Services, Inc., et al
PA – Arden J. Curry, II; J – Berger
* Bessie Kirk and Freda Massey filed a suit against West Virginia Home Health Services after Kirk was injured while in the care of a home health worker. According to the suit, C.J. Neff was bathing Kirk when he allowed her to fall from her bed and hit her head. According to the suit, Kirk suffered a traumatic right subdural hematoma, which required hospitalization at Charleston Area Medical Center. She now requires a feeding tube and has lost a significant portion of her cognitive functions. Kirk claims she has suffered a brain injury, loss of enjoyment of life, lowered life expectancy, embarrassment and humiliation. Kirk and Massey seek damages to compensate Kirk for her injuries.
Case number: 08-C-311

Joseph M. Elliott v. Wolfe Construction Company, Inc., Eye and Ear Physicians, Inc., Joe Wolfe, Larry Cabell
PA – Mark W. Carbone; J – Stucky
* Joseph Elliott filed a suit against Wolfe Construction Company and two workers who attacked him while he was picketing outside one of their construction sites. Elliott, a member of the Mid-Atlantic Regional Council of Carpenters, was picketing at a construction site at 1306 Kanawha Boulevard East in Charleston. The suit says a large truck arrived carrying a piece of equipment with metal tracks. Elliott decided to film the unloading of the equipment in order to document any damage the equipment may cause to the city street. According to the suit, Joe Wolfe tried to block Elliott from taking pictures by running in front of his camera.
Case number: 08-C-312

Randall T. May v. Wolfe Construction Company, Inc., Eye and Ear Physicians, Inc., Joe Wolfe, Larry Cabell
PA – Mark W. Carbone; J – Zakaib
* Randall T. May filed a suit against Wolfe Construction Company and two workers who attacked him while he was picketing outside one of their construction sites. May, a member of the Mid-Atlantic Regional Council of Carpenters, was picketing at a construction site at 1306 Kanawha Boulevard East in Charleston. The suit says a large truck arrived carrying a piece of equipment with metal tracks. May decided to film the unloading of the equipment in order to document any damage the equipment may cause to the city street. According to the suit, May and Cabell proceeded to fight and May was taken by ambulance to Charleston Area Medical Center, where he underwent medical treatments, including an MRI. May seeks compensation for medical expenses, lost wages, pain and suffering and punitive damages.
Case number: 08-C-313