THIS JUST IN: Kanawha County

By Cara Bailey | Apr 25, 2008

April 4

April 4
Stephanie Wagstaff v. Almost Heaven Ribs, Inc., doing business as Famous Dave's, Hurricane Plaza, Inc., Rex, Inc., Daniel Bowles, Rex Donahue
PA – Mark L. French; J – Kaufman
* Stephanie Wagstaff claims she was sexually harassed by Daniel Bowles and Rex Donahue. She began working at the restaurant in December 2006. She claims that shortly after she started, Donahue began making comments and jokes of a sexual nature towards Wagstaff, and kept making the comments on a constant basis. Wagstaff claims Bowles also engaged in unwanted and offensive sexual conduct toward her, which included asking for lap dances and sending pictures of his penis to workers at the restaurant. As a result of the ongoing and continuous sexual harassment and hostile work environment, Wagstaff was forced to resign in the fall of 2007. In the seven-count suit, Wagstaff seeks compensatory and punitive damages for her injuries.
Case number: 08-C-662

Joseph Bsharah and Shop & Go, Inc. v. Starlen Davis, Jr., Jeffrey Pfost
PA – James McQueen, Jr; J- Stucky
* Josephe Bsharah filed a suit against Starlen Davis, after Davis allegedly drove a car owned by Jeffrey Pfost into a gasoline pump located at Shop & Go, in Kanawha County. Bsharah is seeking $60,000 to replace the gasoline pump that was damaged.
Case number: 08-C-673

April 7
John K. Carte v. Kourosh C. Ghalili, M.D., Thomas Memorial Hospital Foundation, Inc., doing business as Thomas Memorial Hospital
PA – Tony O'Dell; J – Kaufman
* John K. Carte filed the suit against Dr. Kourosh C. Ghalili, claiming he improperly performed an implantation of an automatic defibrillator. Carte claims Ghalili failed to tuck the leads of the defibrillator behind the device, leaving them too close to the incision. Carte claims he suffered injuries and scarring, pain, nervousness, mental anguish, emotional distress and impairment. He claims he has been left with a life-threatening medical condition, due to the doctor's negligence. Carte seeks compensatory and punitive damages.
Case number: 08-C-681

April 9

John Samuel Cordova v. 20th Century Glove Corp. of Texas, et al
PA – Cindy J. Kiblinger; J – Visiting
* John Samuel Cordova filed an asbestos suit against 47 companies, claiming he was exposed to asbestos and other harmful dusts while working for CSX. Cordova claims he was unaware of the dangers of the toxic dusts, and now suffered from injuries to his respiratory system. In the 10-count suit, he seeks compensatory and punitive damages.
Case number: 08-C-702

Frances Sidars v. Tony's Market and Landscaping Center, Inc.
PA – Robert B. Warner; J – Stucky
* Frances Sidars filed a suit against Tony's Market and Landscaping Center, after a water sprinkler knocked her down. Sidars suffered severe injury to her right hand and wrist, a fracture of the radius at the base of her thumb, and a fracture of the ulna near the base of her little finger. She also sustained a torn rotator cuff. She seeks compensatory and punitive damages.
Case number: 08-C-704

April 11
George B. Shawver, Betty L. Shawver v. A.W. Chesterton Company, et al
PA – William K. Schwartz; J – Visiting
* George and Betty Shawver filed an asbestos lawsuit against 31 companies, claiming George Shawver was exposed to asbestos and contracted mesothelioma as a result. According to the suit, Shawver worked as a laborer and operator at Union Carbide from 1946-87. He claims he was not warned of the danger of asbestos exposure, nor was he properly protected. In the 12-count suit, George and Betty Shawver are seeking compensatory and punitive damages.
Case number: 08-C-708

April 14
Tommy Smith v. Verizon Services Corporation, et al
PA – Lonnie C. Simmons; J – King
* Tommy Smith filed a suit against Verizon, claiming he was fired for missing work due to his back injury. Smith injured his back before being hired as a telemarketer by Verizon. Smith claims he suffered pain in his lower back after starting his job with Verizon. The pain required medical treatment, the suit says. Smith claims he was diagnosed with herniated disks and spinal stenosis, which required him to miss work periodically. On April 14, 2006, Smith was fired because of his absences, which were protected under the West Virginia Human Rights Act. In the two-count suit, Smith seeks compensatory and punitive damages.
Case number: 08-C-725

Mohamed Aboelmagd v. Spartan Mining Company, doing business as Mammoth Coal Company
PA – Tim Bradford; J – Walker
* Mohamed Aboelmagd filed a suit against Spartan Mining Company, claiming he was subjected to discrimination because of his race and religion. According to the suit, Aboelmagd claims he was verbally harassed, including being called a "sand nigger" and a terrorist. He also claims he was choked and assaulted by his supervisor. Aboelmagd claims he endured pain and suffering, lost wages, annoyance and inconvenience and emotional injury, all of which are permanent. He seeks compensatory and punitive damages.
Case number: 08-C-727

April 15
Stephanie Dillon, individually and as conservator and guardian of Patricia Adkins v. Elma Z. Bernardo, M.D.
PA – Robert B. Warner; J – Berger
* Stephanie Dillon filed a suit against Elma Z. Bernardo, M.D., claiming Bernardo prescribed a drug for her mother that caused an overdose. The suit also says Patricia Adkins suffered kidney failure in addition to her lithium overdose. Adkins claims she has experienced expressive language deficiency, loss of coordination, aphasia and expressive aphasia, seizure disorder, confusion, acute and chronic renal failure, dehydration, chronic shoulder pain and numbness in her hands. Dillon claims she and her mother have suffered medical expenses, loss of enjoyment of life, companionship, comfort and consortium, and other damages. They seek compensatory and punitive damages.
Case number: 08-C-733

Betty Bailes, individually and as administratrix of the estate of Geroge Bailes v. A.W. Chesterton Company, et al
PA – James M. Barber, James C. Ferrell; J –Visiting
* Betty Bailes filed an asbestos lawsuit on behalf of her husband, who died of malignant mesothelioma. The suit is against 50 companies, including Union Carbide and T.H. Agriculture and Nutrition. Bailes claims her husband was not informed of the dangers of asbestos exposure. She seeks compensatory and punitive damages.
Case number: 08-C-736

April 16
William T. Stratton v. Selah Corporation
PA – Richard E. Hardison, Jr.; J- King
* William Stratton filed a suit against Selah Corporation after he was injured at a Kanawha County mine. Stratton was contracted out to work for Selah Corporation, Mine No. 1. While operating a supply motor, the seat he was on gave way, causing his to fall onto the engine and twist his left. According to the suit, Stratton suffered a torn meniscus and injuries to other parts of his body. He seeks compensatory and punitive damages.
Case number: 08-C-738

Donna Gwinn v. Charleston Area Medical Center, Inc., et al
PA – E. William Harvit; H – King
* Donna Gwinn filed a suit against Charleston Area Medical Center, General Divison and Harmon Elevator Company. According to the suit, Gwinn tripped on the elevator while leaving the hospital after visiting a friend. Gwinn claims the elevator was misaligned when it stopped, causing her to trip as she entered. She injured her head, neck, shoulder and back, and required 14 stitches in her head. Gwinn seeks compensatory and punitive damages.
Case number: 08-C-740

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