This Just In: Kanawha County

Feb. 14
Jacqueline Bowling and Richard Bowling v. Marsha F. Granese, M.D.
PA – Richard D. Lindsay; J – Stucky
* Jacqueline Bowling filed a suit against Marsha Granese, claiming she failed to diagnose a mass in her right breast, which was later found to be breast cancer. Bowling claims Granese tested the mass March 1, 2004, and failed to inform Bowling that the mass needed follow-up care and treatment. In May 2005, Bowling was diagnosed with breast cancer, and underwent surgery, which appeared to remove all of the cancer. According to the suit, Bowling claims she was severely injured by the delay in the diagnosis and treatment of her mass. Bowling claims she suffered serious bodily injury, disfigurement and deformities, medical care and costs and will suffer humiliation and embarrassment. Richard Bowling claims he has sustained great and irreparable loss of comfort, society, convenience and consortium from his wife. The Bowlings seek compensatory damages as allowed under the Medical Professional Liability Act, plus other relief they may be entitled to receive.
Case number: 08-C-318

Robert J. Ward v. Petroleum Transport, Inc., et al
PA – E. William Harvit; J – Stucky
* Robert Ward filed a petition against Petroleum Transport and Elk Run Coal Company, seeking to keep the companies from removing, altering, repairing or disposing of the truck in which he wrecked. According to the suit, Ward was driving a truck that mechanically malfunctioned, and he wrecked. According to the suit, Ward seeks to have the truck examined by a person with appropriate expertise to determine the cause of the accident.
Case number: 08-C-319

Feb. 15
Angel Goff v. The West Virginia Division of Corrections, a corporate governmental instrumentality, Pruntytown Correctional Center, James Ielapi as Warden, John Doe
PA – Ira M. Haught; J – Bloom
* Angel Goff filed a suit against Pruntytown Correctional Center and the West Virginia Division of Corrections after she suffered burns while cleaning the center's stove. Goff claims she was not properly instructed in how to clean the stove, and therefore injured. The suit says her burns were not properly treated and became infected. Goff claims the burns have scarred her for life and that she is still in pain, even though the burns have healed. In the four-count suit, Goff claims she suffered severe humiliation and embarrassment, loss of enjoyment of life, fear, mental injury, emotional pain, future medical treatment, and other injuries. She seeks compensatory and punitive damages.
Case number: 08-C-322

Tracey Billings 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- Zakaib
* Tracey Billings filed a suit against Famous Dave's, claiming her supervisor sexually harassed her while working there. Billings claims Daniel Bowles is a sexual predator and fired her because she would not accept his sexual advances. Billings claims Bowles inappropriately touched her, exposed his genitalia to her and would try to undress her. Billings claims she was discharged because of the sexual harassment. She seeks compensatory and punitive damages.
Case number: 08-C-340

Farrah Farley v. Wal-Mart Stores, Inc., an Arkansas Corporation doing business in Kanawha County, W.Va., Calvin Stapleton, Gwendolyn McFallon
PA – Mark L. French; J – King
* Farrah Farley filed a suit against Wal-Mart, claiming she was sexually harassed by her supervisor. Farley claims Calvin Stapleton severely harassed and intimidated her, and made inappropriate sexual comments. According to the suit, Stapleton exhibited a pattern of intimidating behavior and demands for sexual favors. Farley claims Stapleton also made her smoke a marijuana cigarette, and then allegedly filed a complaint about her to management, who then ordered a drug test. Farley tried to quit, but was fired instead. After she was fired, Farley claims she met with someone regarding Stapleton's conduct and signed a statement against him. Farley claims she was promised a full investigation, but was not contacted after the investigation to be offered reemployment. The suit says Stapleton was suspended and eventually fired based on his conduct with Wal-Mart employees. Farley claims Stapleton's actions constitute unwelcome sexual advances by someone who had the authority to influence vital job decisions. In the 10-count suit, Farley claims she suffered severe emotional and mental distress, humiliation, anxiety, embarrassment, aggravation, annoyance and inconvenience. Farley seeks back pay, front pay, compensatory and punitive damages for her injuries.

Case number: 08-C- 341

Destiny McCallister 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- Zakaib (Kaufman)
* Destiny McCallister filed a suit against Famous Dave's, claiming her supervisor sexually harassed her while working there. McCallister claims Daniel Bowles is a sexual predator and fired her because she would not accept his sexual advances. McCallister claims Bowles inappropriately touched her, exposed his genitalia to her and would try to undress her. McCallister claims she was discharged because of the sexual harassment. She seeks compensatory and punitive damages.
Case number: 08-C-342

Feb. 20
Timothy Bishop v. Catenary Coal Company, LLC
PA – Roger D. Forman; J – Zakaib
* Timothy Bishop filed a suit against Catenary Coal Company, claiming he was fired after he filed for workers' compensation. According to the suit, Bishop was injured June 14, 2007, when the Mack truck he was driving overturned and caught fire. The suit says Bishop suffered a broken arm, scaphoid fracture with avascular necrosis and other injuries. Bishop claims the wreck was the company's fault because they failed to train him on how to operate a vehicle traveling up and down hills and failed to fix the brakes on the truck. In August 2007, two months after his accident, Bishop was randomly drug tested, which came back positive with reports of hydrocodone and oxycodone. As a result of the test, Bishop was fired. However, he provided a second test that rebutted the accuracy of the first, but the company refused to rehire him. Bishop claims he suffered loss of benefits, legal expenses and emotional distress. He seeks compensatory and punitive damages.
Case number: 08-C-349

Jennings Bartlett and Beulah Bartlett v. Anchor Packing Company, et al
PA – David P. Chervenick; J – Visiting
* Jennings Bartlett filed a suit against 25 companies, claiming they are responsible in some way for his asbestosis and mesothelioma. Bartlett claims he was exposed to asbestos as a child, as his father worked for U.S. Steel and brought home asbestos dust on his clothes. Bartlett continued to be exposed to the harmful dusts during his career, as he worked at various car dealerships, garages and other similar locations. Beulah Bartlett claims she suffered loss of general services, companionship and society of her husband. Together, the Bartlett's seek compensatory and punitive damages for their injuries.
Case number: 08-C-353