WEST VIRGINIA RECORD

June 25
Danielle Fields and Jason Fields vs. Rebecca Wolfer, M.D., and University Physicians and Surgeons Inc.
PA-Richard A. Holtzapfel; J-Eagloski
* Danielle Fields of Hurricane says Wolfer misplaced two sternal wires during an April 26, 2006, surgery. Subsequent tests showed the mistake, which caused Fields considerable pain and interfered with her daily activities. She claims Wolfer breached the standard of care and ignored her post-surgery complaints of pain. Her husband seeks damages for loss of consortium and loss of services. They seek compensatory damages, attorney fees and expenses.
Case number: 08-C-208

July 2
Bobby J. Taylor and Donna S. Taylor vs. Teavee Oil & Gas Inc.
PA-Larry L. Skeen; J-Spaulding
* The Taylors of Scott Depot say the defendant company, unknown to them, cut a new road on their land and began operating a long-abandoned gas well and producing natural gas instead of plugging the well as they were licensed to do. They also say Teavee brought a gas compressor onto the realty and created a nuisance. They seek to have the court confirm Teavee is trespassing and seek compensatory and punitive damages. They also seek damages for the natural gas extracted from the well.
Case number: 08-C-214

July 3
Ellen Mills Pauley vs. West Virginia Division of Highways, Leonard Charles Mills Jr., Frederick Odeil Mills, Jane Elizabeth Mills McCallister, Mary Ryan Mills Allen, Margaret Mills Jones, Catherine Irene Mills Hale, and the Anne S. Mills Irrevocable Trust, Leonard Charles Mills Jr., Frederick Odeil Mills and Jane Elizabeth Mills McCallister, trustees
PA-Rosalee Juba-Plumley; J-Eagloski
* Pauley and the individual defendants are heirs to the estate of Anne S. Mills. That includes property on Crooked Creek in Scott Depot. In 2004, the state acquired about 9 of the 56 acres to re-route U.S. 35. Those proceeds have been distributed, some going into a trust escrow. Most of the old residence was not in the right of way and didn't need to be torn down for the road project. Pauley wants the partition of the Anne S. Mills Estate property and asks that her share be "in-kind" and given her shared border with the lot, she seeks that lot as a portion of her share. Pauley seeks partition "in-kind" of the Anne S. Mills estate, her share of the "in-kind" partition be the portion of real estate that shares a border with her property and contains the Anne S. Mills' residence, an injunction preventing the destruction of the "non-right-of-way" portion of the residence and an order directing trustees to provide a full and complete accounting of trust monies and other relief.
Case number: 08-C-217