THIS JUST IN: Kanawha County

By Lawrence Smith | Sep 25, 2009

Sept. 11

Sept. 11
Karen A. Hill vs. Kimberly L. Taylor
PA - pro se; J - Zakaib.
* The plaintiff, a Sissonville resident, is suing her neighbor for leaving various items on her property. She is asking the court to order the removal of the items so she can construct a privacy fence.
Case number: 09-C-1687

Marilyn Apple, individually and as representative of the estate of Stephen Apple, Melissa Apple and Nicole Apple vs. Mylan Pharmaceuticals
PA - Harry F. Bell Jr.; J - Bloom
* The plaintiff, a resident of Kyle, Texas, and widow of Stephen Apple, is suing the defendant for Stephen's wrongful death after his died on March 13 as a result of defective Fentanyl patches manufactured by the defendant. She is seeking unspecified damages.
Case number: 09-C-1693

Sept. 14
John Kogog Sr. and Josephine Kogog vs. Dancer LLC, Alltell Communications LLC, ICN-Charleston LP and Verizon Wireless LLC
PA - Stephen P. Hoyer; J - Stucky
* The plaintiffs are suing the defendants for constructing a cell tower on property they own on Campbell's Fork Road in South Charleston without their knowledge or permission. They are seeking unspecified damages, court costs and attorney fees.

Leetta Beachum, individually and administratrix of the estate of Shana Cowley, vs. Timothy Joseph White
PA - Thomas R. Goodwin; J - Bloom
* The plaintiff, a resident of Pocatalico, is suing the defendant, a resident of Dunbar, for the wrongful death of her daughter, Shana Cowley, on Oct. 29 after Cowley was forced to exit a moving vehicle to escape from White. She is seeking unspecified damages.
Case number: 09-C-1703

Herman Preston Fletcher II vs. Janet and Chris Griffith
PA - pro se; J - Bloom
* The plaintiff is suing the defendants for unjust enrichment of a factory-built home his father, Herman Fletcher, helped construct on leased land along U.S. 119. Following the failure of the defendants to install a water system compatible with the septic system the senior Fletcher installed, the plaintiff served an eviction notice on the defendants on June 15 which they ignored. Along with unspecified damages, he is seeking an order evicting the defendants and removal of the factory-built home.
Case number: 09-C-1711

Sept. 15
Jerry G. Cottrill vs. West Virginia Department of Transportation and Division of Highways
PA - pro se; J - King
* The plaintiff, a Pleasants County business owner, is suing the defendants for water damage to his property caused by culverts along W.Va. 2 on Aug. 15, 2003. The case was originally filed in Pleasants Circuit Court on Aug. 15, 2005, and transferred to Kanawha Circuit Court on March 13, 2006. The case was refiled following a motion by the state Attorney General's Office to dismiss it due to the plaintiff's failure to file a pre-suit notice. He is seeking unspecified damages.
Case number: 09-C-1713

Hazel D. Casto, Brittany L. Casto and Tina L. Casto vs. Life Ambulance Service Inc., Gary Allen, Michael Pistole and Chris Howell
PA - Akers; J - King
* The plaintiffs are suing the defendants for engaging in repeated acts of sexual harassment at Life's stations in Kanawha and Cabell counties leading the plaintiffs to resign. They are seeking unspecified damages, court costs, attorney fees and interest.
Case number: 09-C-1717

David L. Shaffer vs. Life Ambulance Service Inc., Gary Allen, Michael Pistole Jr. and Chris Howell
PA - Akers; J - Kaufman
* The plaintiff is suing the defendants for creating a hostile work environment at Life's station in Kanawha County in retaliation for complaints he made along with Tina L. Casto regarding repeated acts of sexual harassment committed by the defendants. He is seeking unspecified damages, court costs, attorney fees and interest.
Case number: 09-C-1718

Patrick J. Pauley vs. Life Ambulance Service Inc., Gary Allen, Michael Pistole Jr. and Chris Howell
PA - Akers; J - Stucky
* The plaintiff is suing the defendants for wrongful termination in retaliation for reporting the condition of unsafe vehicles while working as one the defendants' mechanics. He is seeking unspecified damages, court costs, attorney fees and interest.
Case number: 09-C-1720

Jessica and Dwayne A. Morrow vs. Life Ambulance Service Inc., Gary Allen, Michael Pistole Jr. and Chris Howell
PA - Akers; J - Berger
* The plaintiffs are suing the defendants for Dwayne's wrongful termination in an attempt to keep him quiet about an affair one of his supervisors' wives had and affair with a co-worker. They are seeking unspecified damages, court costs, attorney fees and interest.
Case number: 09-C-1721

Karen Hill vs. Life Ambulance Service Inc., Gary Allen and Michael Pistole Jr.
PA- Akers; J - Kaufman
* The plaintiff is suing the defendants for creating a hostile work environment by engaging in repeated acts of sexual harassment, and reducing her hours after she complained that a co-worker may either be illegally using or delivering prescription drugs while on-duty. She is seeking unspecified damages, court costs, attorney fees and interest.
Case number: 09-C-1722

Sept. 16
John Roberts, as parent and legal guardian of Lucas Roberts, a minor, vs. Greenbrier Pool Associates Inc.
PA - Brent K. Kesner; J - King
* The plaintiff is suing the defendant for injuries Lucas sustained on May 25, 2008 after falling off a piece of playground equipment. He is seeking unspecified damages.
Case number: 09-C-1727

Kyle Construction vs. Dallas Williams
PA - pro se; J - Bloom
* The plaintiff, a Belle business, is suing the defendant, a Belle resident, for stopping payment on a check he wrote to pay for a new metal roof, and repairs after it leaked. They are seeking judgment for $5,000 plus court costs.
Case number: 09-C-1728

William Law vs. Estate of Ruth Bowen Law and Lewis Ray Law
PA - Harold Albertson; J - Stucky
* The plaintiff is suing the defendants for improperly disbursing funds from the estate for Lewis Law's benefit. He is seeking unspecified damages, including return of all funds disbursed to Lewis, plus court costs.
Case number: 09-C-1729

Brian J. and Nancy K. Hancock vs. David M. Reed, and individual and d/b/a Reed Development
PA - Dana F. Eddy; J - Kaufman
* The plaintiffs, residents of St. Albans, are suing the defendant, also a St. Albans resident, for water damage the basement of their home on Highland Drive sustained in both May 2008 and 2009 despite assurances by Reed, prior to selling them the home, he'd taken measures to prevent such a problem. They are seeking unspecified damages.
Case number: 09-C-1730

Sept. 17
Norman Lee Alderman vs. West Virginia Grievance Board
PA - pro se; J - Berger
* The plaintiff, a Marlinton resident, is suing the defendant for allowing Denise M. Spatafore to rule on his grievance against the Pocahontas County Board of Education despite her lack of credentials, including not having taking the necessary continuing legal education necessary to be an active attorney. He is asking the court to overturn Spatafore's decision, and grant him a full and fair evidentiary hearing.

Mark A. Whitely vs. Scott P. Auffhammer
PA - Benny G. Jones; J - Stucky
* The plaintiff, a Beckley resident, is suing the defendant, a Fairmont resident, for injuries he sustained following a car wreck with the defendant in Chesapeake on Sept. 25, 2007. He is seeking damages of $250,000, including medical expenses of $45,764 incurred to date, plus interest.
Case number: 09-C-1736

Erie Insurance Property and Casualty Co. vs. Ford Motor Co.
PA - Brian D. Morrison; J - Kaufman
* The plaintiff is suing the defendant for subrogation of a claim it paid to its policyholders, Matthew and Cindy Arbo of Cabin Creek, after a 2000 F-150 truck caught fire as a result of a faulty cruise control switch, which led to two other cars nearby to catch fire. They are seeking judgment in the amount of the claim - $21, 655.80 - plus interest.
Case number: 09-C-1738

Sept. 18
Ashley Campbell vs. Billy Jack, individually and in his capacity as a correctional officer, and the West Virginia Division of Corrections
PA - Matthew J. Woelfel; J - Bloom
* The plaintiff is suing the defendants for being sexually harassed, and assaulted while an inmate at the Anthony Correctional Center in Greenbrier County. She is seeking unspecified damages and court costs.
Case number: 09-C-1739

Cynthia Harrell vs. Billy Jack, individually and in his capacity as a correctional officer, and the West Virginia Division of Corrections
PA - Matthew J. Woelfel; J - Stucky
* The plaintiff is suing the defendants for being sexually harassed, and assaulted while an inmate at the Anthony Correctional Center in Greenbrier County. She is seeking unspecified damages and court costs.
Case number: 09-C-1740

Toni Sanchez vs. Majester Abdul-Jalil, M.D., Select Specialty Hospital-Charleston Inc., Emergency Consultants Inc. and Hospitalist Consultants Inc.
PA - Stephen P. New; J- Zakaib
* The plaintiff, a resident of Cross Lanes, is suing the defendants for retaliation after she alerted them about a potential life-threatening condition facing one of Abdul-Jalil's patients. She is seeking unspecified damages, court costs, attorney fees and interest.
Case number: 09-C-1741

Kimberly Lynch vs. Rite Aid Corporation of West Virginia, Paul Piggott and Marty Pavlic
PA - Matthew S. Criswell; J - Walker
* The plaintiff is suing the defendants for failing to take action against Piggott to stop his repeated acts of sexual harassment beginning on October 2008 leading her to resign in April. She is seeking unspecified damages, including front and back pay, along with court costs, attorney fees and interest.
Case number: 09-C-1743

Kristen McConaha vs. CityNet LLC
PA - Paul L. Frampton; J - Bloom
* The plaintiff is suing the defendant for gender discrimination in failing to promote her, and pay her within 72 hours following her termination on May 27. She is seeking unspecified damages, attorney fees and court costs.
Case number: 09-C-1745

West Virginia Education Association and Dale Lee vs. the West Virginia Public Employees Insurance Agency and the Public Employees' Insurance Agency Finance Board
PA - Bradley J. Pyles; J - Bailey
* The plaintiffs are suing the defendants for holding a meeting in violation of the state open meetings law, and later voting to eliminate retirement benefits for public employees hired after Jan. 1, 2010. They are asking the court to declare the meeting was improperly conducted.
Case number: 09-C-1747

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