WEST VIRGINIA RECORD

Feb. 2
Richard Neely, Michael O. Callaghan and Neely & Callaghan vs. Idearc Media Corp. and Allied Interstate, Inc.
PA - Pro se: J – Jennifer Bailey Walker
* Plaintiffs -- having already reached an undisclosed settlement with defendants for defamation and breach of contract -- again sue defendants for refusing to accept their business related to taking out an advertisement in the 2009 Verizon Yellow Pages, which Idearc publishes. Plaintiffs allege the refusal to do business with them is a way for defendants to "make an example" out of them because of the previous lawsuit. The plaintiffs had sued Idearc and Allied over a botched yellow pages ad for which Idearc still sought partial payment and enlisted Allied to attempt to collect the debt. The plaintiffs allege a violation of federal racketeering laws and, in addition to damages related to the complaint, have preserved the right to attempt to gather other plaintiffs who were similarly damaged to file a class action suit.
Case number: 09-C-165

John F. and Lucinda Pauley vs. 4-D Trucking Company
PA – John Kennedy Bailey: J – Jennifer Bailey Walker
* John F. Pauley was a coal truck driver for 4-D Trucking Company. He claims that the company repeatedly failed to properly maintain its fleet of coal trucks. Around March 20, 2007, Pauley was driving a coal truck for 4-D westbound on Interstate 64 near the Fort Hill Bridge in Charleston when he came upon stopped traffic, the complaint says. Pauley alleges he tried to stop the truck, but the brakes didn't work, and he collided with four vehicles before slamming into the median wall. Lucinda Pauley, John's wife, seeks damages for loss of services from her spouse. Pauley seeks various damages.
Case number: 09-C-168

Sherri Dellinger and Stephanie Dellinger vs. Lemon & Barrett's Inc., et al.
PA – L. Lee Javins II: J – Charlie King
* Sherri Dellinger and her daughter, Stephanie, both of Mineral Wells, bought a motorcycle helmet from Lemon & Barrett's ATV and Cycle Specialists. The plaintiffs claim that Stephanie was wearing the helmet during a March 3, 2007 ride near Rockport when the ATV she was a passenger on collided with another ATV, sending her headlong into a guardrail. The lawsuit says Stephanie suffered severe head trauma. The plaintiffs are seeking various compensatory and punitive damages.
Case number: 09-C-179

Feb. 4
Michelle Shrader vs. Terry L. Miller, executive director of the West Virginia Regional Jail Authority, David Stoner, a correctional officer at Southern Regional Jail and John Doe
PA – Matthew J. Woelfel: J – Charlie King
* Shrader, previously an inmate at the Southern Regional Jail, alleges she was the victim of sexual misconduct of David Stoner, a correctional officer there. In her 10-count complaint, Shrader seeks both compensatory and punitive damages.
Case number: 09-C-173

David and Angela Kitchen vs. KIA Motors America, Inc., White Dodge, Inc. and Americredit Financial Services
PA – Kristina Thomas Whiteaker: J – Paul Zakaib
* The plaintiffs claim that around Jan. 19, 2006, they bought a 2005 Kia Sedona from White Dodge under warranty. Soon after the purchase, the vehicle started having problems and had to be taken into the shop numerous times. The plaintiffs that the vehicle was never fixed correctly. They claim the defendants failed to provide them with a comparable replacement car. The plaintiffs are seeking compensatory and punitive damages and to have a permanent injunction filed against White Dodge to train its employees on how to deal with customers and warranties.
Case number: 09-C-185

Feb. 5
Robin Thomas vs. Speedway SuperAmerica LLC
PA – Scott H. Kaminski: J – Tod Kaufman
* Thomas alleges she slipped and fell on the wet floor of the Speedway gas station at 5296 Big Tyler Road, Cross Lanes. Thomas claims store employees failed to mop up rain water that was tracked in by other customers and to warn her that the floor was wet. Thomas claims she injured her knee and possibly tore her meniscus in the fall and has incurred medical expenses.
Case number: 09-C-176

Feb. 6
Edward Carson vs. Charleston Area Medical Center, West Virginia University Board of Governors and Dr. Damian Maxwell
PA – Richard D. Lindsay II: J – Unassigned
* Carson was admitted to CAMC around Aug. 31, 2007, to have his gall bladder removed. In his complaint, he alleges that Dr. Maxwell botched the surgery by either tearing and/or stapling his vascular-biliary tree, which obstructed blood flow to his liver. Carson alleges that Dr. Maxwell failed to notice the damage during follow-up examinations, causing some of his liver tissue to die and ultimately requiring a liver transplant. Carson is seeking damages allowable under the Medical Professional Liability Act.
Case number: 09-C-197

Feb. 9
Robert Rodgers vs. Bert Wolfe, Inc. and Bert Wolfe Ford
PA – Samuel F. Hanna: J – Irene Berger
* Rodgers claims he was injured on the job at Bert Wolfe around Jan. 29, 2007 and filed a workers' compensation claim which was ultimately ruled compensable. Rodgers was eligible to receive temporary total disability. Around April 3, 2008, Rodgers claims he got a letter from Bert Wolfe incorrectly stating that he had quit his job on Feb. 9, 2007. But Rodgers claims he was fired because he filed a workers' compensation claim. He's seeking lost wages and benefits and other damages.
Case number: 09-C-201

Junior Jack Ferrell and Kim Ferrell vs. Christopher M. and Victoria Slater
PA – Edward J. George: J – Paul Zakaib
* The Ferrells lived near the Slaters in Chesapeake. According to the complaint, when a fire broke out at the Slaters' residence in December, fire crews, in an attempt to prevent the fire from spreading to the Ferrells' residence, doused it with water and other fire extinguishing substances causing $54,600 worth of damage. The Ferrells claim they tried to get the Slaters to pay for the damages to no avail. The plaintiffs are also seeking other relief.
Case number: 09-C-202

Feb. 11
Richard Franklin Clutter vs. Various
PA – Brian A. Prim: J – Unassigned
* Clutter worked as a pipefitter for Weirton Steel Corp. from 1951-1954 and 1962-1995 during which time he claims to have been exposed to asbestos dust and fibers. His complaint says he was diagnosed with lung cancer on Jan. 26. He is suing nearly 70 companies described as "miners, manufacturers, processors, importers, converters, compounders, installers, users and/or retailers" of asbestos or products containing asbestos. He is seeking various compensatory and punitive damages.
Case number: 09-C-228

Feb. 12
Lisa Workman and Megan McClanahan vs. George Lively
PA – Damon L. Ellis: J – Irene Berger
* The plaintiffs claim that Megan, 13, was on an ATV safety ride in Lincoln County on Oct. 13, 2007. Lively was allegedly one of the supervisors on the ride and took Megan and another person on a trail. According to the lawsuit, Megan was inexperienced at riding ATVs and was assigned a large ATV. She allegedly lost control of the ATV, plunged about 70 feet over an embankment and was seriously injured. Workman, Megan's mother, claims she incurred medical bills and a loss of consortium due to her daughter's injuries. The plaintiffs seek other damages as well.
Case number: 09-C-235

Lina H. Milam vs. K-mart Corp.
PA – Patrick K. Maroney: J: Paul Zakaib
* Milam is seeking to have a surveillance videotape protected that allegedly shows her being injured by a broken shopping cart. The mishap allegedly occurred while Milam was shopping at the St. Albans K-mart. Her complaint says she fears the company might either destroy or alter the videotape before she can properly prepare a forthcoming lawsuit.
Case number: 09-C-238

Feb. 13
Mark Newland and A.N., a minor vs. SMR Ltd., Fireside & Patio Shop and Stephen Reynolds
PA – Christopher D. Negley: J – Duke Bloom
* Newland claims he hired the defendants to install a pool and prepare his Cross Lanes yard for a patio. He says he paid the defendants $2,056 toward the cost of the work. The lawsuit says the pool was negligently installed and is in danger of sliding down a hill towards a neighbor's house. Newland also claims his minor daughter, A.N., was injured in the pool because of the shotty installation. The complaint also alleges that Reynolds threatened Newland on two occasions seeking the rest of the money owed for the work. Newland is seeking various compensatory and punitive damages as well as legal fees.
Case number: 09-C-245

John Hughes vs. Miller Transporters, Inc.
PA – Robert B. Warner: J – Jennifer Bailey Walker
* On Sept. 6, 2007, Hughes was employed as a maintenance mechanic for the defendant when he was cleaning out a tanker truck. The complaint says the job required Hughes to put his left foot on a ladder attached to the tanker and the other foot on a detached ladder that was on wheels. Hughes lost his balance and fell about 11 feet to the concrete, injuring his knee and ankle, the complaint says. Hughes wants compensated for his injuries, other damages and legal fees.
Case number: 09-C-249