WEST VIRGINIA RECORD

Oct. 17
S.W. Jack Drilling Company v. American Clean Energy Systems, Inc.
PA – Andrew G. Fusco; J – Bloom
* S.W. Jack Drilling Company filed a suit against American Clean Energy Systems, Inc., claiming an additive ACES sold them did not work to reduce diesel fuel usage like predicted. S.W. Jack purchased 220 gallons of the product for use in its drilling rigs located in Elkview, the suit says. S.W. Jack paid $66,000 for the product, as well as $345.40 in shipping to have the product delivered to the facility. However, after using it, the company found that it did not reduce fuel usage. S.W. Jack seeks $66,345.40 in compensation for the amount spent on the product.
Case number: 08-C-2042

Oct. 20
Marie Akers, individually and on behalf of the estate and wrongful death beneficiaries of Ola Morton v. Sun Healthcare Group, Inc.
PA – Michael J. Fuller, Jr.; J – King
* Marie Akers filed a suit against Sun Healthcare Group, after his mother died while a resident at Sunbridge Pine Lodge Care and Rehabilitation. According to the suit, Morton suffered from dementia and her cognitive and physical skills were impaired. While under the control of Sunbridge, she suffered catastrophic injuries, disfigurement, extreme pain, suffering, mental anguish and death, the suit says. In the 12-count suit, Akers and the estate of Ola Morton seek general and special damages.
Case number: 08-C-2051

Timothy Blake Parsons v. West Virginia Steel Corporation, Raleigh Mine and Industrial Supply, Inc., et al
PA – W. Jeffrey Vollmer; J – Zakaib
* Timothy Blake Parsons filed a suit against West Virginia Steel after he was crushed by a two-ton die. According to the suit, West Virginia Steel and Raleigh Mine and Industrial Supple, Inc., owned an overhead crane, which had serious mechanical problem, slipped and would sporadically move without human control. While working with the crane, Parsons was crushed by the die. He suffered severe and permanent injuries. Parsons seeks compensatory and punitive damages.
Case number: 08-C-2053

Oct. 22
Willis McLemore v. Kanawha County Board of Education, Kanawha County Schools, et al
PA – Matthew S. Criswell; J – Zakaib
* Willis McLemore filed a suit against the Kanawha County school board, claiming he was racially discriminated against because of his race. McLemore, who is African-American, was hired as a custodian at Capitol High School. During his employment, which lasted from January 2007 to April 2008, McLemore claims he was mistreated by his supervisor, and the mistreatment included many racially motivated slurs. McLemore filed a grievance concerning the hostile working conditions he was forced to endure at Capitol High School, but the grievance was denied. McLemore then filed an appeal but the appeal was never scheduled. According to the suit, McLemore suffered severe emotional and mental distress, humiliation, anxiety, embarrassment, depression, aggravation, annoyance and inconvenience. In the eight-count suit, McLemore seeks compensatory and punitive damages.
Case number: 08-C-2064

Oct. 23
Lola Rakes v. Franklin Rush, Gordon Clark, Jim Rubenstein, Commissioner of the West Virginia Division of Corrections
PA – Kerry A. Nessel; J – Kaufman
* Lola Rakes filed a suit against the West Virginia Division of Corrections after she was sexually assaulted during her incarceration at the Anthony Correctional Center. Rakes claims she was sexually harassed and assaulted by Franklin Rush, as associate warden at the center, between April and May 2005. She claims she suffered serious injury, invasion of her privacy, humiliation, annoyance and inconvenience, mental anguish, loss of her ability to enjoy life, and other injuries. Rakes seeks compensatory and punitive damages.
Case number: 08-C-2072

Oct. 24
Carol Wilson v. Sears, Roebuck & Co., Dan Daum, Sharon VanMeter
PA – William M. Tiano; J – Kaufman
* Carol Wilson filed a suit against Sears, Roebuck and Company, claiming she was terminated in violation of the West Virginia Human Rights Act. Wilson, a general manager at the Sears in Barboursville, claims she was fired because she allowed destroyed merchandise and zero value merchandise to be sold. She seeks reinstatement to her prior position, front pay, back pay and the value of any benefits, including compensation for past and future mental and emotional pain, suffering stress caused by the defendants and attorney fees and costs.
Case number: 08-C-2091

David DeVore v. Sears, Roebuck & Co., Dan Daum, Sharon VanMeter
PA – William M. Tiano; J – Bloom
* David DeVore filed a suit against Sears, Roebuck and Company, claiming he was terminated in violation of the West Virginia Human Rights Act. DeVore, who was hired to assist the company in reorganizing department, claims he was fired for purchasing clearance merchandise. He seeks reinstatement to his prior position, front pay, back pay and the value of any benefits, including compensation for past and future mental and emotional pain, suffering stress caused by the defendants and attorney fees and costs.
Case number: 08-C-2092

James Ohse v. Sears, Roebuck & Co., Dan Daum, Sharon VanMeter
PA – William M. Tiano; J – King
* James Ohse filed a suit against Sears, Roebuck and Company, claiming he was terminated in violation of the West Virginia Human Rights Act. Ohse, a store manager at the Sears in Parkersburg, claims he was fired for authorizing third-party charges. He seeks reinstatement to his prior position, front pay, back pay and the value of any benefits, including compensation for past and future mental and emotional pain, suffering stress caused by the defendants and attorney fees and costs.
Case number: 08-C-2093