THIS JUST IN: Kanawha County

By Cara Bailey | May 9, 2008

April 17

April 17
Shirley M. Young v. Jose, LLC, care of John B. Bibbee, Bath Fitter Tennessee, Inc.
PA – Brent Karleton Kesner; J- Zakaib
* Shirley Young filed a suit against Jose, LLC, claiming the company failed to properly connect the drainage pipes from her bathtub to her sewage system. According to the suit, Young hired the company to install her one-piece bathtub from Bath Fitter. Young claims drain water accumulated under her house for almost six years, causing mold and mildew grew in her crawlspace. Young claims she has sustained financial damages in repairing the plumping and cleaning her home, respiratory and asthmatic problems due to the mold and mildew that developed, annoyance, inconvenience and loss of use of her home and loss of market value. She seeks compensatory damages.
Case number: 08-C-752

April 18
Eleanor Richards, individually and as executrix of the estate of Charles Richards v. Adience, Inc., et al
PA – Victoria L. Antion; J – Visiting
* Eleanor Richards filed an asbestos suit on behalf of the estate of her late husband, who died of lung cancer he contracted from asbestos exposure. Charles Richards was a molder at J.C. Hart, where he was allegedly exposed to asbestos. Eleanor Richards claims her husband suffered because of the companies' failure to provide a safe working environment. She seeks compensatory and punitive damages.
Case number: 08-C-756

Marsha G. Tullis, executrix of the estate of Curtis I. Gilmer v. Herbert J. Thomas Memorial Hospital
PA – Robert V. Berthold Jr.; J – Bloom
* Marsha Tullis filed a suit on behalf of the estate of a man who died of complications following a medical procedure in Thomas Memorial Hospital. According to the suit, Curtis Gilmer went to the hospital to have prostate surgery, which was successful. He was kept overnight for observations when he started to have respiratory problems. According to the suit, Gilmer's physician was not called until the next morning, when the doctor suspected a pulmonary embolism. Gilmer was taken to the Radiology Department for testing, but died on the way. Tullis claims Gilmer's estate seeks compensatory damages.
Case number: 08-C-760

April 21
Jeffrey Alan Hylton, Tamara Hylton Woods v. State of WV Division of Corrections
PA – Kevin B. Burgess; J – Bloom
* Tamara Hylton Woods filed a suit against the West Virginia Division of Corrections, claiming her son was falsely imprisoned. Jeffrey Hylton was arrested July 14, 2005, and charged with breaking and entering and grand larceny, which allegedly occurred at the Gilboa Church of God in Nicholas County, in June 2005. Hylton pled guilty to breaking and entering and was sentenced to one to 10 years in the penitentiary, but the sentence was suspended and reduced to six months to two years at the Anthony Correctional Center. According to the suit, Woods claims her son suffered great mental and emotional distress and anguish, physical pain and suffering and deprivation of his liberty as a result of his alleged wrongful imprisonment. Woods seeks compensatory damages and any other relief the court deems necessary.
Case number: 08-C-773

April 22
Lisa Matthews v. Robert B. Altmeyer, M.D.
PA – Guy R. Bucci; J – King
* Lisa Mathews filed a suit against a physician who treated her husband, claiming he failed to diagnose a cancerous lung tumor. Lisa Mathews filed the suit on behalf of her husband, Robert Mathews. Robert Mathews suffered from silicosis and lung cancer. According to the suit, Mathews was examined by Robert Altmeyer, who performed an x-ray and pulmonary function tests. However, according to the suit, Altmeyer failed to diagnose a Stage II lung tumor. According to the suit, by failing to diagnose the lung nodule, Altmeyer deprived Robert Mathews a chance of recovery and experienced an increased risk of harm, which was a substantial factor in his death. Lisa Mathews seeks punitive and compensatory damages for the heirs and beneficiaries of Robert Mathews.
Case number: 08-C-776

April 24
Beverly K. Bryson, as administratrix of the estate of Larry G. Bryson v. CSX Transportation, Inc.
PA – James A. McKowen; J – Visiting
* Beverly Bryson filed a suit on behalf of the estate of Larry G. Bryson, who died from lung cancer he contracted while working around deadly toxins at CSX. Bryson worked on the railroad for several years. The suit says CSX failed to provide Bryson with a safe working environment, which contributed to his illness and subsequent death. Beverly Bryson seeks compensatory damages for the estate.
Case number: 08-C-818

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