WEST VIRGINIA RECORD

Aug. 31
Tamilia Lynn Elkins, individually and as administratrix of the estate of Gary Dexter Elkins vs. American Suzuki Motor Corporation
PA-Charles Stanford West; J-Darrell Pratt
* On Sept. 2, 2007, Gary Elkins was operating his 2005 Suzuki Boulevard motorcycle on W.Va. 152 when he attempted to negotiate a curve in the road. According to the suit, due to defective designs and mechanical malfunctions, the motorcycle went out of control and Gary Elkins hit the guardrail and was thrown over the handlebars and the guardrail, causing internal and external injuries. He died one hour later. Tamilia Elkins is suing for all recoverable damages, including punitive damages.
Case number: 09-C-178

Sept. 3
Sandra Renee Hunley vs. The Movie Gallery U.S. LLC d/b/a Movie Gallery
PA-Neil Bouchillon; J-N/A
* Hunley worked for Movie Gallery from June 2007 until May 2009 and claims Movie Gallery failed to pay her last wages within 72 hours. Hunley claims for two weeks she made efforts to obtain her wages by contacting Movie Gallery's Wayne County district manager, payroll headquarters and loss prevention department, but they allegedly still refused to pay her. On June 5, she received a mailed check for $819, but West Virginia's Wage Payment Collection Law an employer is required to pay within 72 hours and the employee is entitled to liquidated damages of the amount of wages, plus three times the amount. Hunley is suing for punitive, compensatory and statutory damages.
Case number: 09-C-182

Eva McComas vs. Heath Marks, John Doe and Jane Doe
PA-Chad D. Barry; J-Darrell Pratt
* McComas was walking on W.Va. 37 in East Lynn on June 8, 2009, when Marks caused his automobile to be driven into her, causing injury. McComas claims she suffered permanent bodily injuries, extreme physical and mental pain and suffering and will continue to suffer the same in the future. The vehicle Marks was driving was owned by an unknown person or people, given the names John and Jane Doe. McComas is suing for compensatory and punitive damages.
Case number: 09-C-184

Sept. 11
Gerold M. Bishop vs. Daybry Inc. d/b/a Subway
PA-R. Matthew Vital; J-James H. Young Jr.
* On Jan. 24, 2009, Bishop was at Subway when he slipped and fell in a clear, liquid substance on the floor of the restaurant. Bishop claims there were no measures taken to warn the customers of the hazardous condition and should have known about it and taken care of the liquid. Bishop claims he was injured in the fall and incurred medical bills and expenses, as well as loss of wages. He is suing for an amount of the basic jurisdictional limits.
Case number: 09-C-191