THIS JUST IN: Kanawha County

by Justin Anderson |
Mar. 6, 2009, 1:30am

Feb. 13
Monica Ann Spriggs v. Donald J. Simpson
PA – Erin King, Robert D. Cline Jr. and Francis Curnutte: J – Duke Bloom
* Spriggs, a Charleston police officer, claims Simpson rear-ended her on March 12, 2007, in the 3900 block of 7th Avenue in Charleston as she was on her way to discuss school safety issues with local vice principals. Spriggs claims she was seriously injured in the accident and is seeking compensatory and punitive damages, plus legal interest and fees.
Case number: 09-C-279

Feb. 20
John Christopher Smith DDS v. Angela Altmeyer
PA – Larry Skeen: J – Kaufman
* Smith claims Altmeyer owes him $630 for dental services he provided. Meanwhile, Altmeyer filed a counterclaim that she was coerced into accepting the services even though her insurance didn't cover them and wants up to $4,000 in damages. On the basis of the counterclaim, Smith sought to have the case transferred to circuit court. That request was granted on Feb. 1.
Case number: 09-C-289

James R. Matheney II v. Julie M. Matheney
PA: Pro se: J – Irene Berger
* James claims that Julie, his ex-wife, filed fraudulent tax returns in 2004 and 2005 while they were married that have caused him to be in debt to the Internal Revenue Service. James says the IRS gave them a refund of $5,946 in March 2008, some two years after their divorce. James says Julie would not sign the check unless he agreed to give her $2,100 of the money, which he claims he did. But then, in May 2008, the IRS notified him that Julie owed $4,452 plus interest from tax years 2004 and 2005. James claims he paid that debt and believes she should pay him back.
Case number: 09-C-291

TMS Construction Services v. Pardee and Curtin Realty, et al.
PA – Charles R. Hughes: J – Irene Berger
* TMS, a company from Lincoln, Neb., claims it did work building two cell phone towers in Kanawha County but was never paid for the work. The company claims it is owed $334,391.
Case number: 09-C-297

Feb. 24
J.G. v. Rodney Jordan and Schwan's Sales Enterprises
PA – Jesse Forbes: J – Paul Zakaib
* The plaintiff claims Jordan, a delivery driver for Schwan's, sexually assaulted her in her home in February 2007. The plaintiff is seeking compensatory and punitive damages, claiming that Schwan's should do more to prevent their employees from attacking customers in their homes.
Case number: 09-C-306

Stacey Landrum d.b.a. PC Repair v. WKLC Inc. and Lynn Martin
PA – Guy R. Bucci: J – Jennifer Bailey Walker
* Landrum claims he did $20,152 worth of computer repair work for WKLC, a local radio station, but was only paid $2,700 and offered $5,000 in free advertising. He says the station still owes him $12,152. He also seeks punitive damages.
Case number: 09-C-316

Thomas W. Fink v. Clearwater Investments Ltd. d.b.a. Dacra Glass Company
PA – Mark R. Staun: J – Jennifer Bailey Walker
* Fink says he was an independent sales representative for Dacra from 2004 to 2008 working on commission. But he says the commission payments stopped in mid-2008 despite the fact that he was still selling glass for his employer. He claims the company owes him $7,512 in commission payments plus punitive damages.
Case number: 09-C-318

Feb. 25
Nancy Geary v. American Cytopathology Services
PA – William M. Tiano and John Max Burnett: J – Tod Kaufman
* Geary, who lives in Arkansas, claims the defendant negligently read two different pap smears in 2006 and 2007, both of which showed she had cervical cancer. When the cancer was finally discovered in 2007, Geary claims it was too late for her to have surgery to remove the cancer and instead had to undergo immediate radiation treatment. She's seeking compensatory and punitive damages.
Case number: 09-C-326

Linda Woodell as parent of Benjamin Woodell v. Kanawha County Board of Education
PA – Christina L. Smith: J – Jennifer Bailey Walker
* Woodell claims her son is a quadriplegic who requires a full-time aide at school. The mother says the aide in February 2005, while Benjamin was a student at Holz Elementary School, ran his wheelchair into a wall in the cafeteria, causing his leg to fracture. The injury culminated in her son being permanently wheelchair-bound, her complaint says. Before the injury, and subsequent surgeries, Benjamin was able to walk for limited periods of time, Woodell claims. She's seeking compensatory damages.
Case number: 09-C-327

Melinda Cornett v. Genesis Healthcare Corp.
PA – Erica N. Lord: J – Jennifer Bailey Walker
* Cornett claims she was fired as a nursing assistant in 2008 because she filed a workers' compensation claim against the defendant. When she tried to return to work, Cornett claims she was told she was fired because she waited too long to contact the company about when she would be coming back. She's seeking various damages plus legal interest and fees.
Case number: 09-C-328

Feb. 27
Howard Garland v. City of Charleston
PA – Lia DiTrapano Fairless and L. Tom Price: J – Irene Berger
* Garland was a former laborer with the city's refuse department. He claims he fell off the back of a garbage truck in early 2008 and suffered injuries to his shoulder and back. He claims he was fired because he filed a workers' compensation claim and also alleges he was discriminated against because he is black. He's seeking various damages, including punitive, plus legal interest and fees.
Case number: 09-C-349

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