WEST VIRGINIA RECORD

March 13
Thomas P. McCue and Thelma J. McCue v. A.W. Chesterton Company, a corporation, et al
PA – William K. Schwartz; J – Visiting
* Thomas McCue filed an asbestos suit against 50 companies, claiming they exposed him to the deadly dust in some way, causing him to develop mesothelioma. McCue worked for G.E. Plastics from 1959 to 1991 as a laborer, maintenance worker and mechanic. McCue claims he was unaware of the dangers of asbestos and did not know he had a medical condition relating to his asbestos exposure until he was diagnosed with mesothelioma, the suit says. He claims he will incur great medical expenses for treatment, drugs and other remedial medical measures. McCue seeks compensatory damages to cover his injuries. Thelma McCue claims she will be required to render nursing services and care beyond what is expected of a spouse, and to take care of her husband due to his incurable and debilitating disease, the suit says. In the 12-count suit, the McCues seek compensatory and punitive damages.
Case number: 08-C-494

March 14
Cunningham Enterprise, Inc., doing business as Fox Fire Resorts, Isaiah Cunningham and Marie Cunningham v. Dunn Engineers, Inc., Salt Rock Sewer Public Service District
PA – Richard Neely; J- Walker
* Isaiah and Marie Cunningham, owners of Fox Fire Resorts, filed a suit against the Salt Rock Sewer Public Service District, claiming their property was damaged after the PSD began operating a sewer pump station and a grit pit next to their resort. According to the suit, the odor from the pump station was so noxious the Cunninghams had to move out of their home and build a new home elsewhere on the property. According to the suit, the lift station overflowed on July 1, 2007, dumping raw sewage onto the Cunninghams' property, particularly the pond used for recreational fishing. The Cunninghams claim they have been injured in that clients no longer view their resort as a good place to have outings and events. The fish pond is now limited to "catch and release" because the residue of heavy metals from the spill make the fish dangerous to eat, the suit says. In the five-count suit, the Cunninghams seek to be covered for annoyance and inconvenience, economic loss, mental anguish and distress, damage to real property and attorney fees. They seek full compensation for their damages.
Case number: 08-C-502

March 17
Tracy L. Bowen, individually and as administrator of the estate of Stacy Jean Dickey Bowen, deceased v. Krispy Kreme Doughnut Corporation, a North Carolina Corporation, Ronald Guy Underwood, II
PA – Harold S. Albertson, Jr.; J – Berger
* Tracy Bowen filed a suit against Krispy Kreme after his wife was killed in a wreck on Interstate 64. The truck that hit Stacy Bowen was owned by the doughnut shop. Bowen is survived by her husband and a 22-year-old daughter, Whitney Dickey. According to the suit, Tracy Bowen and Dickey claim they have suffered sorrow, mental anguish and loss of solace, including society, companionship, comfort, guidance, kindly offices and the advice of their relative. Tracy Bowen claims he suffered funeral and burial expenses as a result of the crash. According to the suit, Bowen seeks compensatory and punitive damages.
Case number: 08-C-520

March 18
Mitchell W. Cobb v. City of Charleston, Charleston Police Department, Officer S.S. Midkiff, Detective D.G. McDaniel
PA – Shawn R. Romano; J – Berger
* Mitchell Cobb claims he was assaulted and beaten by at least two members of the Charleston police force, after he stopped near an undercover drug raid. Cobb claims he was physically abused, including being kicked, hit with a baton or flashlight, and hit with fists, to the point that he lost consciousness. Cobb claims the officers never identified themselves as members of the police department. Cobb suffered serious, permanent injuries that required medical treatment, as well as assault and battery, was falsely imprisoned, suffered indignity, embarrassment, humiliation, emotional distress, annoyance and inconvenience. He seeks compensatory and punitive damages.
Case number: 08-C-520

Penny Ratliff v. David Brasseur
PA – Harold S. Albertson, Jr.; J – Bloom
* Penny Ratliff filed a suit against David Brasseur, her daughter's landlord, after she injured her hand in one of his apartments. Ratliff claims she was visiting her daughter in St. Albans, who lives in one of Ratliff's buildings. While opening a window, it fell on her hand, injuring it. Ratliff seeks compensatory and punitive damages for her injuries.
Case number: 08-C-533