THIS JUST IN: Kanawha County

By Cara Bailey | Sep 5, 2008

Aug. 5

Aug. 5
James E. Beichler v. West Virginia University at Parkersburg
PA – Walt Auvil; J – Stucky
* A Washington County, Ohio man filed a suit against West Virginia University at Parkersburg, claiming they owe him $26,568 in overtime pay. James E. Beichler claims he finished working at WVU-P in May 2008, where he was an associate professor in the Natural Science and Mathematics division. He claims his rate of pay was $432 per overload hour. He taught in the 2004-05 and 2007-08 school years.
Case number: 08-C-1502

Aug. 7
Barbara Dingess v. Carriage Hill, L.P., Housing Development Corporation
PA – Steven B. Wiley; J – Kaufman
* Barbara Dingess filed a suit against her apartment complex, Carriage Hill, claiming they invaded her privacy and neglected her apartment. According to the suit, after moving into the apartment, Dingess began to notice and experience many problems, including shelves falling, malfunctioning heat, holes in the floor, water leakage, rodent and insect infiltration, cracks in the living room floor, electrical and wiring problems and other issues. In July 2007, she was injured when a shelf fell on her head, after a maintenance man told her he couldn't fix it. In August 2007 someone went in to her home and altered her personal computer, the suit says. In the ten-count suit, Dingess claims she suffered an invasion of privacy and suffered personal injuries and emotional distress. She seeks compensatory and punitive damages.
Case number: 08-C-1516

Paul A. Mattox, Jr., West Virginia Department of Transportation v. Lewis Transport, Inc., John A. Harris
PA – Richard L. Earless; J – Walker
* Paul Mattox, Jr., commissioner of the West Virginia Department of Transportation filed a suit against Lewis Transport, of Kentucky, seeking $1 million. The suit says Candace Williams, a driver with Lewis, lost control of her semi-tractor and hit the McAbee Crossing Bridge on W.Va. 18 in Tyler County, destroying it. Mattox claims the DOT suffered damages in excess of $1 million and seeks the compensation.
Case number: 08-C-1517

Aug. 8
Kenneth A. Poe v. Katherine N. Lively
PA – Pro Se; J – Berger
* Kenneth Poe filed a personal injury lawsuit against Katherine Lively, claiming she injured his foot when she ran over it with her car. Poe claims Lively hit him in the Nitro Wal-Mart parking lot, injuring his left foot and knee. Poe claims he sustained pain and suffering, loss of enjoyment of life, past and future medical expenses, loss of ability to provide household services, permanent residual problems, difficulty sleeping, climbing stairs and walking without assistance. Poe, who is representing himself, seeks compensatory and punitive damages.

Aug. 11
Amanda Tyler v. Midland Food Services, LLC, Edward Houck and John Doe
PA – Kristina Thomas Whiteaker; J – Walker
* Amanda Tyler filed a suit against the St. Albans Pizza Hut, claiming she was sexually harassed and mistreated because of her religion. Tyler claims John Doe, a supervisor at Pizza Hut, committed unwelcome act of sexual and offensive behavior. Tyler is a member of the Pentecostal church. She wears long skirts, and does not wear makeup or cut her hair as part of her religious beliefs. According to the suit, John Doe made sexual advances and crude comments to her while at work. Tyler claims she suffered economic loss, emotional and mental distress, humiliation, anxiety, fear, apprehension, embarrassment, depression, aggravation, annoyance, inconvenience and loss of capacity to enjoy life. She also claims Doe and Houck violated the West Virginia Human Rights Act. In the two-count suit, Tyler seeks lost wages and front pay, as well as compensatory damages for the emotional and mental distress she suffered.
Case number: 08-C-1535

Ashley Radford v. Dave Masters, WV Division of Corrections
PA – Kerry A. Nessel, Michael A. Woelfel; J – Walker
* Ashley Radford filed a suit against the West Virginia Division of Corrections, after she was allegedly sexually harassed while an inmate at the Anthony Correctional Center. Radford claims in 2006 and 2007, she was a sexually harassed and assaulted by Dave Masters, an officer of the center. The assault included unwelcome touching, civil and sexual assault, emotional distress and the invasion of her right to privacy. According to the suit, the West Virginia Division of Corrections failed to properly supervise and train the officers at the Anthony Correctional Center. In the 10-count suit, Radford seeks compensatory and punitive damages.
Case number: 08-C-1536

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