THIS JUST IN: Kanawha County

by Cara Bailey |
Mar. 21, 2008, 2:25am

Feb. 25
Linda Lowe and Jerry Lowe v. OSI Restaurant Partners, LLC, as successor in interest to OSI Restaurant Partners, Inc., fka Outback Steakhouse, Inc., et al
PA – Robert D. Cline; J – King
* Linda Lowe filed a suit against Outback after she was injured at the Charleston restaurant. According to the suit, Linda and Jerry Lowe were dining at Outback on March 5, 2006, when Linda Lowe slipped while exiting the restroom, and was injured. The suit says Outback allowed a slippery, hazardous condition to exist on the restroom floor, by failing to warn customers of the hazardous condition, and by failing to employ appropriate protective measures. Lowe claims she suffered medical expenses, pain and suffering, physical limitations and permanent impairment, annoyance and inconvenience and other damages. Jerry Lowe claims he suffered a loss of spousal consortium and kindly services, annoyance and inconvenience and other damages. Together, the Lowes seek compensatory and punitive damages.
Case number: 08-C-372

Feb. 27
John Edward Jacobs v. Jered W. Chapman, Joseph S. Lamanca
PA – David O. Moye; J – Stucky
* John Edward Jacobs filed a suit against Jered Chapman and Joseph Lamanca after they attacked him outside the Nitro Community Center. Jacobs claims he was approaching his car when several people, including the defendants, attacked him. According to the suit, Jacobs was hit on the head and body and eventually knocked to the ground, where the defendants began kicking his body and head. Jacobs claims his injuries were so extensive he had to receive treatment at an area hospital. Chapman was convicted of battery by a Kanawha Country jury, while Lamanca plead guilty to battery. Jacobs seeks monetary damages from each defendant to cover his injuries.
Case number: 08-C-395

Feb. 28
Donna McCormick v. Runyan's Sunoco, Inc.
PA – J. Michael Ranson; J – King
* Donna McCormick filed a suit against Runyan's Sunoco after she fell and was injured. The suit says Runyan's created an unsafe place to walk by failing to keep the walking area even and using a mat that has holes that would catch a women's high heel shoe. McCormick seeks compensatory and general damages to cover her injuries.
Case number: 08-C-399

Craig Banker v. Jered W. Chapman, Chapman Funeral Home, Joseph S. Lamanca
PA – William M. Tiano; J – Stucky
* Craig Banker filed a suit against Jered Chapman, Joseph Lamanca and Chapman Funeral Home after he was attacked by the men outside the Nitro Community Center. According to the suit, Banker was exiting the center after his night class when he noticed several people around a vehicle owned by Chapman Funeral Home. Banker was then attacked by several of the individuals and suffered serious and disabling injuries. He claims Chapman Funeral Home negligently entrusted its vehicle to Chapman, which resulted in Banker's injuries. Banker seeks compensatory and punitive damages.
Case number: 08-C-408

Feb. 29
Drema Kay Newkirk v. Kanawha Valley Regional Transportation Authority
PA – Kimberly E. Williams; J – Bloom
* Drema Newkirk filed a suit against the Kanawha Valley Regional Transportation Authority after she slipped on snow and water that had accumulated inside the bus. Newkirk claims she fractured her leg due to the water on the bus. According to the suit, she suffered physical pain and mental and emotional anguish. Newkirk seeks compensatory and punitive damages.
Case number: 08-C-411

Charlene S. Erksine and Virgil Erksine v. Wal-Mart Supercenter, a corporation, Patricia Ellison
PA – Kimberly E. Williams; J – Bloom
* Charlene and Virgil Erksine filed a suit against Wal-Mart after Charlene was injured at the Barboursville location. According to the suit, Charlene Erksine was injured by several working garden fountains, and suffered a fractured right femur. Virgil Erksine claims he suffered a loss of consortium of his wife and emotional distress. Together, they seek compensatory and punitive damages.
Case number: 08-C-412

March 5
Bernard W. Florence v. Rite Aid of West Virginia, Inc., doing business as Rite Aid Pharmacy Store #935, US Maintenance, Inc., Tower Cleaning Systems, Inc., and Quality Lawn Care, LLC
PA – C. Benjamin Salango; J – Zakaib
* Bernard Florence filed a suit against Rite Aid after he slipped on a ramp and fractured his hip. According to the suit, Florence, who is disabled, was attempting to walk up a wheelchair ramp at the West Washington Street location when he slipped on ice and was injured. Florence claims the store owed a duty of care, to keep the premises, particularly the handicap spaces, clear. Florence seeks compensatory damages that will cover the injuries and damages he sustained.
Case number: 08-C-440

March 6
Connie Marino v. West Virginia Department of Transportation, West Virginia Paving, Inc.
PA – J. Miles Morgan; J – Bloom
* Connie Marino filed a suit against the West Virginia Department of Transportation and West Virginia Paving. Marino was an employee of Go-Mart located on West Main Street, in St. Albans. On Dec. 5, 2006, Marino was crossing the street to place another order with the delivery truck driver for her store, when she stepped into a hole on a storm drain, which was created when the road was paved, but the drain was not raised. According to the suit, Marino fell, fracturing and dislocating her shoulder. Marino claims the DOT and WV Paving created a hidden and dangerous condition. She seeks compensatory and punitive damages.
Case number: 08-C-447

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