WEST VIRGINIA RECORD

April 8
Kimberly Robinson, individually and as Administrator of Estate of Rose Deavers v. West Virginia University Medical Corporation dba University Health Associates
PA-Jane E. Peak; Judge Susan B. Tucker
* During a routine colonoscopy in 2002, a tubulovillous adenoma polyp was found in Rose Deaver's colon. Cora M. Darragh, a certified physician's assistant, held herself out to be Deaver's doctor and was referred to by the office staff as such. Darragh was made aware of the polyp but no other diagnostic testing of the cecum colon was performed even after a failed colonoscopy in 2003. Darragh treated her for depression and GERD. In 2007 Deaver's complained of severe lower back and hip pain and was referred to physical therapy. In 2007 Deavers was hospitalized and an MRI showed the cancer involved in her colon had metastized to her brain, liver, lungs, hips and stomach. She did undergo some chemotherapy, but passed away in June of 2007. The autopsy showed the cancer metastasized from the cecum colon. Kimberly Robinson, administrator of Deaver's estate is seeking damages for sorrow, mental anguish, medical expenses, economic loss, funeral expenses and pre and post judgment interest.
Case number: 09-C-243

April 15
Alyssa Petroplus v Dominion Resource Services dba Morgantown Energy Associates.
PA-Joseph J. John; Judge Russell M. Clawges
* Petroplus claims that while she was walking near her apartment, she was severally burned by water or steam caused by Dominion Resources while they performed work on McLane Avenue. Petroplus is seeking damages for her medical bills and expenses totaling approximately $2,000.
Case number: 09-C-276

April 17
Kendra Blosser v. Philip Caruso Jr.
PA-Tony Reilley; Judge Russell M. Clawges Jr.
* Blosser leased an apartment from Caruso, and a portion of the rent was subsidized by HUD. Rental assistance payments to Blosser discontinued in March 2009 because Caruso didn't comply with his responsibilities and make sure that certain repairs were made in accordance with HUD's Housing Quality Standards. Blosser was required to find another rental property that would be HUD eligible before May of 2009. Caruso, through his agent, Tina Walden verbally threatened that Blosser's utilities would be shut off by the weekend of April 18. Blosser's heat to the rental property was disconnected on April 15. Caruso is demanding that Blosser now pay the HUD assisted share of the rent. Blosser is asking the Court to enter an injunction against Caruso stopping him from cutting off vital utility services. In addition she is asking for compensatory damages and actual and statutory damages for unlawful and oppressive actions by Caruso.
Case number: 09-C-277