WEST VIRGINIA RECORD

Sept. 17
Randall C. DeHaven v. Jefferson County Board of Health and Rosemarie Cannarella, M.D.
PA – Michael L. Scales, Greenberg & Scales, PLLC.; J – Steptoe
* Randall DeHaven, a resident of Berkeley County, was employed by the Jefferson County Board of Health from Jan. 1, 1984 to May 14, 2007. On Jan. 1, 1999, DeHaven was promoted to Health Administrator I of the Board of Health until he voluntarily resigned May 14, 2007. The Plaintiff claims he was subject to threats of verbal and physical violence. After resigning, the Plaintiff verbally sought reinstatement of his position from the Robert M. Johnson, DDS, chairman of the board, followed by a letter to the Board of Health on May 20, 2007. On May 25, 2007, the Plaintiff met with the Board of Health and was reinstated to a position with the Board of Health but was not put in his previous position due to hiring policies issued by the Board of Health. According to the complaint, the Health Officer pressured the Board of Health to support her dislike of the Plaintiff and delaying and preventing the reinstatement of the Plaintiff. The Plaintiff claims he was not able to file grievances because of threats that were made against him. The Plaintiff has not been reinstated by the Board of Health and he has lost back wages and benefits in the amount of $124,971.62. He is requesting the said amount, plus attorney's fees, costs and interest as well as to be reinstated as Local Health Administrator I of the Board of Health.
Case number: 08-C-367

Michael J. O'Dell v. Robert and Virginia Stegall, Sydney Siebert, Clifford E. and Mary Belle Starliper and Donald E. and Patricia Walker
PA – William Francis Xavier Becker; J – Steptoe
* Michael J. O'Dell is the owner of residential property on Old Leetown Pike. The structure was previously a church and the driveway, which is perpendicular to Old Leetown Pike, and attached to the property, was used to access a parking lot located behind the church. The Plaintiff's residence is immediately to the right of the driveway. The residential property of the Stegalls, Starlipers and Siebert are all accessed by the said driveway which has been serving them for over 10 years. The Walkers have been added because they own property near and or adjoining the rear of the driveway and any decision as to the existing driveway may impact their parcels of property. According to the complaint, the Jefferson County Engineering Department considers the gravel driveway to exist as a private, servicing the ingress and egress needs of the residential area properties identified above. The Plaintiff claims that he has acquired a prescriptive easement to cross the parcel of property, specifically but not limited to for purposes of ingress and egress to his residence. He also claims he has not been able to access and use his property as intended and the Defendants use of the property has resulted in the reduction of value to the Plaintiff's property. The interference includes blocking the driveway and summoning law enforcement to the location of the driveway, claiming that the Plaintiff is trespassing. According to the complaint, the Stegall defendants, as well as the Walkers, have willfully and intentionally misused the law enforcement authorities in a designed effort to intimidate the Plaintiff and improperly gain exclusive dominion over property, which is not theirs. The Plaintiff is requesting the establishment of a recorded easement for the parcel of real property that constitutes the existing gravel driveway and that its use be for the adjoining residential property owners and that the owners be directed to contribute annually for the maintenance of the same. He is also requesting compensatory damages be awarded against the Defendants in the amount of $350,000 and punitive damages be awarded to the Plaintiff in the amount of $700,000.
Case number: 08-C-366