West Virginia Record

July 9
Nicholas J. Holmes v. JES Inc., d.b.a. Sound Factory
PA – Thomas H. Peyton: J – Charles King
* The plaintiff claims the defendant allowed him to get drunk at a second-level bar then fall drunkenly down a set of steep stairs.
Case number: 09-C-1244

July 10
Martha S. and Charles S. Mozingo v. the Kroger Co., et al.
PA – Mark A. Atkinson and Paul Frampton Jr.: J – Irene Berger
* The plaintiffs are seeking damages after Martha tripped on a piece of metal near the pharmacy at the South Charleston Kroger.
Case number: 09-C-1251

Henry Martin v. West Virginia Racing Commission, Dr. Bryan F. Mitchell and Fred C. Peddicord
PA – David C. White: J – Charles King
* The plaintiff says he was fired from his job with the commission in retaliation for his doing his job.
Case number: 09-C-1253

Kise Straw and Kolodner Inc. v. Kanawha Players
PA – Charles L. Woody: J – James Stucky
* The plaintiff company claims the defendants still own $62,991 for a renovation project at a building in Charleston.
Case number: 09-C-1255

July 13
Arlie Sutphin v. Richard Howard, Edward Howard and Howard and Howard, DDS
PA – Paul M. Stroebel: J – Louis Bloom
* The plaintiff says he was at the defendants' Virginia Street office for dental work when he injured himself falling down some steps in front of the office.
Case number: 09-C-1266

July 14
Cornetta Brisco v. K-mart Corp.
PA – Larry O. Ford: J – Charles King
* The plaintiff claims she slipped on some liquid near the women's dressing rooms at a K-mart in Charleston.
Case number: 09-C-1264

July 15
Sandra and Gary Hayes v. McDonald's Corp., et al.
PA – John Kennedy Bailey: J – Charles King
* The plaintiffs are suing after Sandra slipped on a wet floor in the Elkview McDonald's.
Case number: 09-C-1278

July 16
John Bradberry v. City of South Charleston
PA – Michael T. Clifford: J – Paul Zakaib
* The plaintiff says police officers with the city unlawfully entered his motel room without a warrant and confiscated $7,000 in cash.
Case number: 09-C-1283

Cecilia R. Scarberry v. Marshall University
PA – Walt Auvil: J – James Stucky
* The plaintiff claims she was fired as a laborer for the university for complaining about unsafe work conditions. She adds that the university defamed her by stating publicly she was fired for assaulting a manager.
Case number: 09-C-1286

July 17
David Pugh, Mark Sybolt, Dennis Beane, Amanda Fleming, David Burdette and Jason Edwards v. Quick Delivery Service, d.b.a. DHL
PA – Shannon Bland: J – Irene Berger, Paul Zakaib, Jennifer Bailey, Tod Kaufman and Charles King
* The plaintiffs say they have not been paid overtime for working more than 40 hours a week as deliver drivers.
Case numbers: 09-C-1294, 1295, 1296, 1298, 1299 and 1301

West Virginia Symphony Orchestra v. Impresario Productions
PA – Stephen Thompson: J – Paul Zakaib
* The plaintiffs say the defendant producers breached a contract, which forced the orchestra to put on a lesser production of an opera.
Case number: 09-C-1304