THIS JUST IN: Cabell County

By Drew Smith | Jan 9, 2009

Dec. 22
Freda Eubanks v. Systems Revenue Cycle Solutions, Inc. d/b/a Petrosystems
PA-Timothy Rosinsky; J-Jane Hustead
* Eubanks worked as a receptionist at Cabell Huntington Hospital from 1991 until 2006. According to the suit, she routinely began working before she was allowed to clock in, was denied a full hour lunch break and/or fifteen minute breaks. She claims that during the course of her employment, she was underpaid $124.87 each week and is therefore entitled to $24,975 in unpaid wages. Under the Wage Payment & Collection Act, she is also entitled to three times that amount in liquidated damages -- $74,925. She is seeking damages in that amount along with compensation for medical bills related to mental conditions that arose as a result of depression and anxiety.
Case number: 08-C-1064

Dec. 26
Carl Early v. Empire Metal Recycling, Inc.
PA-Larry O. Ford ; J-Jane Hustead
* Early was operating a conveyor belt that crushes aluminum cans at the scrap recycling facility. According to Early, his hand became caught between the conveyor belt and a roller, causing a crushing/amputation injury to his left index and middle fingers. He claims the machinery was not equipped with a guard to prevent the operator from having their hands caught between the belt and the roller. Early is seeking compensatory damages.
Case number: 08-C-1070

Dec. 26
Timothy Butcher and Bobby Adkins v. The Lincoln Journal, Inc., Thomas A. Robinson and Ron Gregory
PA-Gary A. Matthews; J-Jane Hustead
* Butcher and Adkins were the subject of several articles that appeared in The Lincoln Journal in April, May and June 2008. The articles, written by Robinson and Gregory, allege that Butcher and Adkins violated numerous election laws, obstructed justice and committed bribery and tax evasion. Butcher and Adkins, both contractors in Lincoln County, dispute the claims and are suing the newspaper for defamation of character, public disclosure of private facts and invasion of privacy. The two men are seeking punitive and compensatory damages.
Case number: 08-C-1071

Dec. 26
Carmichael Equipment, Inc. v. Charlies McBay, d/b/a Integrity Trailers
PA-Richard Hayhurst; J-David M. Pancake
* In April 2007, Carmichael Equipment entered into a contract with Integrity to obtain a West Virginia, Ohio and Kentucky dealership of aluminum horse, stock and cargo trailers, which are manufactured by Integrity. The suit claims the company has failed to provide the dealerships, failed to honor warranty claims and has not paid half of the cost for booth space at the Quarter Horse Congress. Carmichael estimates its current damages to be $65,000. The company is seeking compensation in that amount.
Case number: 08-C-1072

Dec. 30
Rachel Lafon, as parent of Alexis Lafon v. Cracker Barrel Old Country Store, Inc.
PA-Richard Weston; J-Jane Hustead
* Lafon took her daughter to eat at Cracker Barrel in October 2007. She claims her daughter became ill after eating a bowl of soup. She vomited blood and was rushed to the hospital. The suit claims a piece of plastic was removed from her throat, wich she alleges came from the soup she ate at Cracker Barrel. Alexis was allegedly diagnosed with dysphagia/odynophagia. She is seeking punitive and compensatory damages for her injuries.
Case number: 08-C-1084

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