THIS JUST IN: Kanawha County

by Lawrence Smith |
Aug. 7, 2009, 2:30am

July 17
Edmonia Woodson, as personal representative of the estate of Quenton Garland vs. Herbert J. Thomas Memorial Hospital Association, Sunbridge Dunbar Healthcare Corp. d/b/a Sunbridge Care and Rehabilitation for Dunbar a/k/a Dunbar Care and Rehabilitation Center, Sunbridge Healthcare Corp., and Sun Healthcare Group, Inc.
PA - Harry Bell; J - Berger
* The plaintiff is suing the defendants for negligent treatment during Garland's stay at their facilities from Nov. 16 to March 1 that later resulted in his death. She is seeking unspecified damages, court costs and attorney fees.
Case number: 09-C-1310

July 20
The Mountain Group, LLC vs. Roy L., Loretta G., Roy L., Jr. and Sherri Lyons and Royal Pools, Inc.
PA - Thomas H. Vanderford IV; J - Berger
* The plaintiff is suing the defendants for defaulting on a $145,000 promissory note given to the defendants on July 26, 2001. They are seeking judgment for the unpaid principal, $141,804.59, $79,318.36 in accrued interest as of July 15 plus court costs, attorney fees and post-judgment interest.
Case number: 09-C-1319

July 22
Huntington National Bank vs. Carter Sales and Service, Inc. and Donald R. Carter II
PA - Lindsay E. Agee; J - Bloom
* The plaintiff is suing the defendant, a Hurricane-based business, for defaulting on a $1 million loan given to the defendant on May 9, 2008. They are seeking judgment for the outstanding balance, $926,381.68, pre-judgment interest of 4119.67 per day as of July 13 plus court costs, attorney fees and post-judgment interest.
Case number: 09-C-1320

July 27
Linda Heatherman vs. Southern Wood Properties, LLC, Investment Management Group, LLC, Brande Resources, LLC and Millennium Group, LLC
PA - Andrew Nason; J - Bloom
* The plaintiff is suing the defendants for not building her home in South Charleston to specifications. She is seeking unspecified damages, court costs and attorney fees.
Case number: 09-C-1323

State of West Virginia ex. rel. Darrell V. McGraw vs. National Enterprise Systems, Inc. and Ernest R. Pollak
PA - Norman Googel; J - Bailey
* The plaintiff is asking the court to compel the defendants, an Ohio limited liability company, and its CEO, to comply with an investigative subpoena served on Jan. 21 following complaints lodged by 12 state residents who alleged they received harassing and threatening phone calls from the defendants in attempting to collect on debts not owed. In addition to a temporary injunction prohibiting the defendants from engaging in further debt collections until a final hearing has occurred, the plaintiff is seeking an order granting complainants a full refund of the fees they paid the defendants, $5,000 in civil penalties for each violation of the state consumer protection act, court costs and attorney fees.
Case number: 09-C-1324

July 21
Brian McDaniel vs. General Motors Corporation
PA - Michael L. Glasser; J - Zakaib
* The plaintiff, an Upshur County resident, is suing the defendant for breach of warranty for failing to fix the motor in his 2008 GMC Sierra. He is seeking refund of the purchase price of the truck, $39,629.71, plus court costs and attorney fees.
Case number: 09-C-1325

July 29
Alisha Peoples vs. Melissa J. Pomponia, M.D. and Sue A. Westfall, M.D.
PA - J. Michael Ranson; J - Bloom
* The plaintiff is suing the defendants for failing to diagnose her in 2006 and 2007 for breast cancer that was later detected in 2008. She is seeking unspecified damages, court costs and attorney fees.
Case number: 09-C-1327

July 24
Michael Zimmerman vs. R.J. Recycling, Inc.
PA - Marvin Masters; J - Stucky
* The plaintiff, a Lewisburg resident, is suing the defendant, and Ohio corporation, for injuries he sustained while unloading scrap metal at their Nitro facility. He is seeking unspecified damages, court costs and interest.
Case number: 09-C-1338

Tastee Freeze, LLC vs. Joseph Hanson
PA - Claude S. Smith III; J - Kaufman
* The petitioner is seeking a temporary injunction and restraining order prohibiting the respondent from entering or retaking possession of petitioner's leased property in Elkview pending resolution of a landlord-tenant dispute.
Case number: 09-C-1344

July 27
Gary W. Martin vs. Kevin M. Campbell
PA - Stephen L. Gaylock; J - Zakaib
* The plaintiff is suing the defendant for injuries he sustained after the defendant's unprovoked attack on Aug. 13, 2007. He is seeking unspecified damages, court costs, attorney fees and interest.
Case number: 09-C-1352

Gary Windland and Tri-State Concrete Pumping, Inc. vs. the West Virginia Regional Jail and Correctional Facility Authority and Terry Miller, John Does-West Virginia 1-5, John Does-Ohio 1-5, business organizations XYZ and corporations 1-5 of Ohio/West Virginia
PA - John E. Triplett; J - Bailey
* The plaintiff, and Ohio resident and business, is suing the defendants for revealing discussions he had with a former employee and inmate to third parties, including his ex-wife, Geraldine. He is seeking unspecified damages and attorney fees
Case number: 09-C-1354

West Virginia Division of Natural Resources vs. Lanness K. McKee Company
PA - Will Valentino; J - Stucky
* The plaintiff is suing the defendant, a North Carolina business, for breach of warranty in delivering five defective patrol boats. In addition to seeking judgment for a refund of the purchase price of the boats, $478,815, they are seeking rescission of the contract, court costs and interest.
Case number: 09-C-1355

Carmela and Joseph Newhouse, as parents and natural guardians of Camren Newhouse vs. CAMC, Inc., Pediatrix Medical Group, PC and Davangere M. Jayaram, M.D.
* The plaintiffs are suing the defendants for failing to monitor Camren's condition on July 3, 2008 that led to permanent and irreversible neurological damage when all medical treatment ceased after it was believed he'd died. They are seeking unspecified damages, court costs, attorney fees and interest.
Case number: 09-C-1362

July 28
Robert E. Rhodes vs. Jim Rubenstein, commissioner of the state Division of Corrections; David Ballard, warden of the Mount Olive Correctional Complex and the West Virginia Division of Corrections
PA - Greg Hewitt; J - Bloom
* The plaintiff is suing the defendants for age discrimination and violation of the state Wage Payment and Collection Act for making him work as part of a security audit team beyond 40 hours without receiving overtime time while other younger members of the team do receive overtime pay. He is seeking unspecified damages, court costs and attorney fees.
09-C-1364

Hairam J., Jr. and Amanda Acord vs. Frasure Creek Mining LLC
PA - L. Lee Javins II; J - Berger
* The plaintiffs, residents of Lester, are suing the defendant, a Scott Depot-based business, for injuries Hairam sustained on Sept. 22, 2007 when his hand got caught in a pulley at the defendant's Hughes Creek facility. Amanda makes a claim for loss of consortium. They are seeking unspecified damages, court costs, attorney fees and interest.
Case number: 09-C-1368

July 29
Shannon L. Hambrick vs. Mountain State University, Inc.
PA - David K. Hendrickson; J - Zakaib
* The plaintiff, a resident of Nitro, is suing the defendant for placing her on academic probation from its nurse anesthesia program on Jan. 15 despite previously informing her that her grades were satisfactory. She is seeking unspecified damages, court costs attorney fees and interest.
Case number: 09-C-1369

Cynthia Carte vs. Paw Prints Doggie Cafe LLC, the Law Offices of Johnson and Lopez, James Q. and Pamela White and Blue Creek Gas Company
PA - Harvey D. Peyton; J - Bailey
* The plaintiff is suing the defendants for misapplication of gas royalties improperly granted to the Whites and Paw Prints in a deed conveyed to them prepared by Johnson and Lopez on Nov. 26, 2006. Along with seeking unspecified damages, court costs and attorney fees, she is seeking an order vacating the original deed, and delivery of quitclaim deed Johnson and Lopez sent the Whites, but never signed and returned.
Case number: 09-C-1372

Jeffrey L. Hughes vs. Appalachian Power Company d/b/a AEP Appalachian Power, a wholly owned subsidiary of AEP, a Virginia Corp.; AEP Company, Inc., a New York Corp. and Michael Dawson
PA - Matthew S. Criswell; J - Stucky
* The plaintiff is suing the defendants for wrongful termination on Dec. 10 while he was seeking treatment for an off-the-job injury that was re-injured while on-the-job. He is seeking unspecified damages, court costs, attorney fees and interest.
Case number: 09-C-1378

July 30
Sintagehu Amare v. Rite Aid Inc.
PA - Harold S. Albertson; J - Zakaib
* The plaintiff is suing the defendant for an adverse reaction to the wrong prescription he was provided at the defendant's Washington Street East location in Charleston on May 6. He is seeking $500,000 in damages plus court costs and attorney fees.
Case number: 09-C-1379

Charles Young vs. Vonda Rippetoe
PA - pro se; J - Berger
* The plaintiff, a resident of St. Albans, is suing the defendant, his neighbor, for repeatedly trespassing on his property. He is seeking an order barring Rippetoe from again setting foot on his property.
Case number: 09-C-1383

John Edward Groom v. Season Lynn Terry
PA - Eunice Green; J - Berger
* The plaintiff, a resident of St. Albans, is suing the defendant, his ex-wife and a resident of South Charleston, for failing to abide by the terms of a July 26, 2006 property settlement agreement in transferring ownership of their home to her. He is seeking unspecified damages, court costs and attorney fees.
Case number: 09-C-1384

Aug. 3
Gary Perdue vs. the City of Montgomery and Pete Lopez
PA - Michael T. Clifford; J - Bailey
* The plaintiff is suing the defendants for giving shifts to other police officers with less seniority when he refused orders to be more aggressive with African-American suspects. He is seeking unspecified damages.
Case number: 09-C-1399

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