WEST VIRGINIA RECORD

Aug. 11

Courtney Wilfong v. Dave Masters, WV Division of Corrections
PA – Kerry A. Nessel; J – Berger

Courtney Wilfong filed a suit against the West Virginia Division of Corrections and one of its supervisors, claiming he sexually harassed her at the Anthony Correctional Center. According to the suit, while Wilfong was a "convicted person" at Anthony, she was sexually harassed, sexually abused and sexually assaulted by Masters. Wilfong claims the personnel at Anthony Correctional Center were deliberately indifferent to the harassment, abuse and assault she suffered in 2006 and 2007. In the 10-count suit, Wilfong claims she suffered humiliation, embarrassment, annoyance and inconvenience, emotional distress, invasion of privacy and other injuries. Wilfong seeks compensatory and punitive damages.

Case number: 08-C-1537

Dallas Vandevender v. State of West Virginia, West Virginia Division of Natural Resources, et al
PA – Marvin Masters; J – Bloom

Dallas Vandevender filed a suit against the West Virginia Division of Natural Resources, claiming they violated child labor laws by hiring him while he was underage, and allowing him to be severely injured on the job. Vandevender started working for on Cass Scenic Railroad in 2007. On July 5, 2007, Vandevender claims he was required to work as a brakeman on the railroad. While he was performing his duties, a train struck his leg, which he lost due to injuries. Due to his injuries, Vandevender lost his leg, suffered disfigurement, emotional distress, and physical and mental pain and suffering. He also incurred many medical bills and suffered a loss of ability to earn income. In the three-count suit, Vandevender seeks unspecified compensatory and punitive damages.

Case number: 08-C-1538

Charlotte Jean Garnes v. Charleston Hospital, Inc., doing business as Saint Francis Hospital
PA – Jonathan R. Mani; J – Kaufman

Charlotte Garnes filed a suit against Saint Francis Hospital in Charleston after she tripped over a run in the hospital. Garnes claims she suffered an orbital fracture to the left side of her face. According to the suit, several people had tripped over the suit prior to Garnes' fall. Garnes claims Saint Francis caused a dangerous condition to exist in the hospital. Garnes seeks compensatory and punitive damages.

Case number: 08-C-1539

Robert Dale Cabell, by Evelyn Cabell, his guardian and conservator v. Jason Lorch, Hickory One Stop, Inc., Valley Bulk Transport, Inc., Miller Centrifugal Casting Company and Select Specialty Hospital-Charleston, Inc.
PA – Michael J. DelGiudice; J – King

Evelyn Cabell filed a suit on behalf of her son, Robert Cabell. Robert Cabell was paralyzed and suffered brain trauma after a steel coil fell off a flatbed trailer, bounced across an interstate barrier and hit his vehicle. In the eight-count suit, Evelyn Cabell claims her son has suffered medical and life care expenses, past and future pain and suffering, mental anguish and emotional distress, and permanent quadriplegia and both physical and mental impairment. She seeks unspecified compensatory and punitive damages.

Case number: 08-C-1540