West Virginia Record

Oct. 9
Stephen McCaffrey v. WV Division of Corrections
PA – Larry O. Ford; J – King
* Stephen McCaffrey claims another inmate, Michael Shrewsbury, beat him on Nov. 28, 2006, in Stevens Correctional Center. McCaffrey claims he sustained various significant and permanent injuries, including a fractured mandible, which required open reduction and internal fixation, the suit says. He seeks compensatory and punitive damages.
Case number: 08-C-1983

Warren Fluty and Ethel Fluty v. Pepsi-Cola Bottling Co. and Wal-Mart Stores, Inc.
PA – James B. Atkins; J – Zakaib
* Warren and Ethel Fluty filed a suit against Pepsi and Wal-Mart after they found parts of a latex glove in a Diet Dr. Pepper they were drinking, which they bought at Wal-Mart. The Flutys claim they were made physically ill upon the discovery of the foreign substance in their soft drink. They seek compensatory and punitive damages.
Case number: 08-C-1984

Tara L. Gilkeson v. JES Inc. dba The Sound Factory
PA – Scott H. Kaminski; J – Bloom
* Tara Gilkeson filed a suit against The Sound Factory after she was hit over the head with a beer bottle by another patron. Gilkeson claims she suffered a cut above her right eye, which caused scarring, as well as swelling to her left cheek and scratches to the left side of her neck. Gilkeson claims she suffered past medical expenses of at least $3,219. She claims she will suffer from future medical expenses, permanent scarring, past and future pain and suffering, lost wages and emotional distress. She seeks compensatory and punitive damages.
Case number: 08-C-1986

John Anthony "Jack" Conte, as administrator of the Estate of Scottye Helton Conte v. Mylan Pharmaceuticals, Inc., Actavis Group, H.F., et al
PA – Tony O'Dell; J – Stucky
* John Anthony Conte filed a suit on behalf of his late wife's estate, seeking compensatory and punitive damages after she died from ingesting a toxic level of medication in her Digitek. Scottye Conte, who suffered from a cardiac condition, was prescribed Digitek by her physician, the suit says. The drug has a history of problems and there have been at least 11, and possibly more, complaints about the adverse side effects including illnesses and injuries from Digitek since 2006.
Case number: 08-C-1995

Sam Spadaro v. ICG Beckley, LLC
PA – J. Kristofer Cormany; J – Berger
* Sam Spadaro filed a suit against ICG Beckley after he was crushed and severely injured by a large rock that fell from the mine's roof. Spadaro was working in the number three entry of the Beckley Pocahontas mine when a large rock from the roof came loose and crushed him, the suit says. Spadaro claims he suffered permanent disabling injuries to his right leg. He seeks compensatory and punitive damages.
Case number: 08-C-1996