WEST VIRGINIA RECORD

Feb. 6
Charleston Area Medical Center v. Dave Bruner
PA – Francis C. Gall Jr.: J – Tod Kaufman
* Charleston Area Medical Center claims Bruner, of South Charleston, owes $40,902 plus interest for unspecified services between April 24, 2008 and Jan. 28, 2009.
Case number: 09-C-225

Charleston Area Medical Center v. John Darrell Tygrett
PA – Francis C. Gall Jr.: J – Charlie King
* Charleston Area Medical Center claims Tygrett, of Poca, owes $41,170 plus interest for unspecified services between Nov. 22, 2007 and Dec. 14, 2007.
Case number: 09-C-229

Feb. 9
Raymond Richard Smith v. Maria Catalano, Jeremy Casto, Jerad D. Casto, Robert Fletcher and Poca Valley Bank
PA – Timothy J. LaFon: J – Irene Berger
* Smith claims that Catalano and the Castos sold him a piece of property near Jarrett's Ford in Kanawha County for $68,000 in April 2006. Smith's complaint says that Poca Valley Bank was the place where the transaction was closed. Fletcher, according to the complaint, was the lawyer paid $100 to perform the deed work related to the transaction, which allegedly came with a general warranty and an assurance there were no liens of encumbrances on the property. Smith claims that Fletcher never completed the deed work and Smith later discovered that the property had already been sold to Sunrise Atlantic LLC for $1,900 because of delinquent property taxes owed in 2005. Smith is alleging negligence, professional negligence, breach of contract and other damages, including the price he paid for the property.
Case number: 09-C-203

Feb. 11
Bearing Distributors v. Mine-Weld and Repair, Inc.
PA – Stephen Gaylock: J – Charlie King
* Bearing Distributors claims Mine-Weld and Repair owes $187,351 plus interest for unpaid invoices dating from Dec. 2005 to Dec. 2007.
Case number: 09-C-231

Christopher Hunter McNeely and Patricia Anne Cline v. City of South Charleston
PA – Drew S. Woods, Robert D. Cline Jr. and Robert A. Campbell: J – Duke Bloom
* The plaintiffs claim Christopher, a minor, was at the Little Creek Country Club swimming pool on July 24, 2007 when his foot was impaled by a pole from an unstable diving board. Cline is Christopher's mother. The complaint says the city owns the country club and is liable for damages related to the injury.
Case number: 09-C-233

Feb. 13
Candice White v. Town of East Bank and Steve Smith
PA – Michael T. Clifford: J – James Stucky
* Candice White is suing the Town of East Bank and Steve Smith, a police officer for the town, alleging that Smith used a Taser on her in July 2008. White was pregnant at the time, according to the complaint. White is seeking compensatory and punitive damages.
Case number: 09-C-252

Feb. 17
Robert Evans v. New River Energy Corp., Timothy E. Comer and Massey Coal Services
PA - James A. Akers II: J – Jennifer Bailey Walker
* Evans was a mechanic for New River Energy Corp., a Massey Coal subsidiary when he suffered an on-the-job foot injury in Aug. 2008. Evans filed a workers' compensation claim and was advised he couldn't return to work until Dec. 2008. When he returned to work, he alleges that his injury was still too bad for him to work. A physician gave him a release until the end of the month. But the day after Evans tried to return to work and found he couldn't, he was fired by Timothy E. Comer, the president of New River Energy. According to the complaint, Comer said Evans was being fired because he failed to disclose a prior felony conviction on his application. Evans contends the company was made aware of the conviction and was told he didn't have to disclose it on the application. Evans is seeking various damages.
Case number: 09-C-254

Felicia Tolliver, Robert Tolliver and Miley Tolliver v. Larry Lucas, D.O., Southeastern Emergency Physicians, Team Health and Samuel Rojas, M.D.
PA – C. Benjamin Salango: J – James Stucky
* Felicia and Robert Tolliver are suing on behalf of Miley, their infant daughter, claiming that Lucas and Rojas, both doctors in Logan County, failed to properly diagnose Miley during a visit and later admittance to Logan Regional Medical Center on July 2, 2008. Doctors at Cabell Huntington Hospital later diagnosed Miley as having suffered from streptococcus meningitis. The plaintiffs claim Miley now has profound brain damage and is a quadriplegic because of the missed diagnosis and are seeking various damages.
Case number: 09-C-258

David P. Cisowski v. CSX Transportation
PA – Rudolph DiTrapano and Joshua Barrett: J – Duke Bloom
* Cisowski, of Barboursville, is suing CSX Transportation over injuries to his back and tailbone he suffered on Feb. 20, 2006, while running a backhoe for the company at a job site in Cabin Creek. The backhoe Cisowski was driving hit a pothole and the seat dropped suddenly causing the injury, according to the complaint. Cisowski is seeking various damages.
Case number: 09-C-260

Chesapeake Appalachia LLC v. Michelle Wilson
PA – Matthew Casto: J – Duke Bloom
* Chesapeake Appalachia is suing Wilson to gain access to a well on property Wilson now owns. The energy company says workers need to get to the well to maintain it and Wilson has blocked an access road with a mobile home and other debris. The plaintiff says it has legal rights to access the well through a 1938 lease.
Case number: 09-C-261

Shawn Barley, Samantha Barley, Glenda Balser, Kathleen Balser and Kenneth Balser v. West Virginia Division of Highways
PA – J. Michael Ranson and Cynthia M. Ranson: J – Tod Kaufman, Jennifer Bailey Walker and Paul Zakaib
* The plaintiffs are all individually suing the state Division of Highways over a vehicle accident on May 18, 2008 at the intersection of U.S. 60 and the Montgomery Bridge. Shawn Barley was allegedly driving at the time and the other plaintiffs were passengers. The plaintiffs contend the accident was caused by an improperly installed temporary traffic control device at the interchange that was placed there while DOH worked to remove a rockslide. All are seeking various damages.
Case numbers: 09-C-271 through 09-C-275