West Virginia Record

Aug. 29
Tammy Todd, as next friend of Julie Wyatt, an incarcerated person v. Dave Masters, Jim Rubenstein, Commissioner
PA – Kerry Nessel; J – King
* Tammy Todd filed a suit on behalf of her sister, Julie Wyatt, claiming Wyatt was sexually assaulted while an inmate at the Anthony Correctional Center. According to the suit, Wyatt was assaulted by Dave Masters, a correctional officer at the center. More than half a dozen suits have been filed against Masters, by inmates and former inmates of Anthony who claim Masters sexually assaulted them. Todd claims the West Virginia Division of Corrections breached their duties to provide a reasonably safe facility. She claims Masters exhibited cruel and unusual behavior toward her sister, which was caused by the DOC's failure to train and supervise their employees. In the ten-count suit, Todd seeks compensatory and punitive damages for Wyatt and herself.
Case number: 08-C-1664

John L. Toney III and Luann Toney v. A.W. Chesterton Company, et al
PA – William K. Schwartz; J – Visiting
* John L. Toney III filed an asbestos suit against 53 companies, claiming they contributed to his mesothelioma and other lung diseases. Toney claims he was exposed to asbestos after his father worked at Union Carbide for 41 years and brought asbestos fibers home on his clothes and body. Toney was also employed by Union Carbide from 1986 to 2008. Toney claims his injuries and diseases were caused by the actions of the defendants. He has suffered in the past and will continue to suffer, as well as incur medical expenses, the suit says. Toney seeks compensatory and punitive damages.
Case number: 08-C-1666

Shannon R. Jones and Amber Jones v. All Crane and Equipment Rental Corporation, Danser, Inc., Lifting Gear Hire Corp., Cajun Water Wt. Rentals, LLC
PA – R. Scott Long; J – Stucky
* Shannon Jones filed a suit against All Crane and Equipment Rental Corporation after he was smashed during a load-bearing test. Jones was instructed to correct the flow of water from two of the de-watering bags, so that the spreader bar being tested would no longer be tilted. While he was under the bar he was smashed. Jones suffered serious bodily injuries and damages, including extreme physical pain and suffering, extreme mental anguish and distress, permanent and physical impairment, psychological impairment, and other injuries. Jones seeks compensatory and punitive damages.
Case number: 08-C-1668

Sept. 2
Barbara Baldwin v. Rent-A-Center, John Doe I, John Doe II, Diana and Wilbur Carte
PA – William C. Forbes; J – Zakaib
* Barbara Baldwin filed a suit against Rent-A-Center, claiming an employee from the business hit and killed her two-year-old daughter while she was playing in her yard. Baldwin claims a Rent-A-Center employee was directed a company vehicle into her yard to collect furniture when her daughter, Jayla Shyann Canterbury, was hit. Baldwin claims she suffered damages, including her personal loss of consortium and mental and emotional distress. She seeks compensatory and punitive damages.
Case number: 08-C-1689

Sept. 3
Ellen Hickman, et al v. John Wesley Culpepper, MD, et al
PA – Teresa C. Toriseva; J – King
* Ellen Hickman filed a suit against Charleston plastic surgeon, John Wesley Culpepper, claiming he botched her breast reconstruction surgery. Hickman saw Culpepper for two procedures, which included mastectomies of her right and left breasts and accompanying reconstructions. According to the suit, Hickman suffered severe complications from her reconstruction surgery, which involved permanent implants. Her right implant moved under her right arm and her left implant began moving toward her left shoulder area. Her nipples and suture lines began to rot, producing the smell of decaying flesh, the suit says. Culpepper performed a second procedure, but Hickman claims she suffered further damages. Hickman, together with her husband, Preston Hickman, seeks compensatory and punitive damages.
Case number: 08-C-1698