WEST VIRGINIA RECORD

Oct. 6
Tamra Minton, Thomas Minton and Sarah Henderson v. CDA Inc., Casa D'Amici
PA-J. Bryan Edwards; Judge N/A
* Tamra Minton was attempting to enter the rear entrance of Casa D'Amici for lunch when her shoe caught on a defective piece of flooring. Stumbling and trying to regain her balance, she fell down a concealed step and rolled her ankle. The fall resulted in Minton suffering a broken bone and torn ligaments. She claims the restaurant failed to warn of the dangerous slip and fall hazard. As a result, Minton has incurred medical expenses and will continue to do so in the future. Tamara's husband, Thomas, claims he is denied the companionship of his wife. Tamra's daughter, Sarah Henderson claims she is deprived the comfort, benefits, companionship, guidance and protection of her mother. They are seeking compensatory and general damages, punitive damages, pre- and post-judgment interest and costs and attorney fees for this action.
Case number: 08-C-742

Oct. 9
West Virginia Office of the Insurance Commissioner, Administrator of the Uninsured Employer fund v. Flight Source and Mark D. Shipley
PA-Jeffrey Brannon and Keith Gamble; Judge N/A
* In December 2006, during the course of her employment as a pilot for Flight Source, Maureen McGee died when the plane she was piloting crashed. The WV Office of the Insurance Commissioner received a claim filed on McGee's behalf and they accepted a workers' compensation claim on behalf of McGee's estate. However, the WVOIC determined that Flight Source did not have workers' comp coverage on the date of the crash. Notice was sent to Flight Source and Mark Shipley of their right to protest the WVOIC's determination, but neither party filed one. The WVOIC began making payments to the claimant's dependents that will continue until the death or remarriage of McGee's spouse or until her children reach the age of majority. The WVOIC is seeking reimbursement for all monies paid from the Underinsured Employers Fund on behalf of McGee from Flight Source and Keith Gamble.
Case number: 08-C-758