THIS JUST IN: Kanawha County

By Kyla Asbury | Oct 23, 2009

Oct. 9
Ruth Ann Bowe, a teacher who is a member of the American Federation of Teachers-West Virginia, AFL-CIO and a representative of similarly situated individuals; American Federation of Teachers-West Virginia; AFL-CIO and Judy Hale, its president; West Virginia School Service Personnel Association Incorporated and Bob Brown, its executive director vs. West Virginia Public Employees Insurance Agency and Public Employees Insurance Agency Finance Board
PA- Roberts M. Bastress Jr., Jeffrey G. Blaydes, Mark W. Carbone; J- Irene C. Berger
* Bowe was a teacher in West Virginia for 26 years and left in 2001 to care for her elderly parents and mother-in-law, but planned to return in the future. Bowe claims PEIA and its finance board violated the West Virginia Constitution when they usurped the authority of the Legislature by unlawfully stripping future retirees of any subsidy for PEIA coverage. The plaintiffs are suing for a preliminary and permanent injunction, a writ of mandamus and/or declaratory judgment; and for a declaratory judgment finding PEIA and its finance board's actions null and void and of no force finding PEIA and its finance board's actions violated the West Virginia Constitution, the Public Employees Insurance Act and the Open Governmental Proceedings Act.
Case number: 09-C-1904

Oct. 13
Waco Formworks LLC vs. DNS Concrete LLC d/b/a Decorative Concrete of the Tri-State
PA- Mary K. Prim; J- Louis Bloom
* Waco Formworks entered into a contract with DNS Concrete. The company failed to pay the amount of $8,531.73 to Waco Formworks after several attempts were made to collect payment. Waco Formworks is suing for the amount of $8,531.73, plus damages of $611.72.
Case number: 09-C-1910

Clarence Ray Maynard vs. Spartan Mining Company d/b/a Mammoth Coal Company and Logan-Mingo Contractors Inc.
PA- Timothy P. Rosinsky, Michael Paesani; J- Irene C. Berger
* Maynard worked for Logan-Mingo Contractors for approximately 10 years. On Oct. 12, 2007 Maynard began clearing trees and debris from a 130-foot highwall that was approximately 15 feet wide and did not have a berm with a Hitachi 450 Excavator that was only 12 feet wide. According to the suit, Maynard went over the highwall ledge by sliding on loose material. Maynard claims he was hospitalized for several weeks and underwent several surgeries. He claims he suffers chronic pain, anxiety and depression and has developed a secondary addition to pain medications. According to the suit, he is permanently and totally disabled because of the injury. Maynard is suing for compensatory damages for premises liability and negligence and deliberate intent.
Case number: 09-C-1911

John Lawrence Pauley III vs. John Myers IV
PA- Charles M. Johnstone II; J- Charles E. King
* Pauley attended a funeral with his girlfriend in August 2008. Pauley claims after he indicated to his girlfriend that he was going to return to his hotel room, Myers persuaded him to sit with him in his car in the parking lot and listen to music. According to the suit, after Pauley entered the car, Myers accelerated and negligently, carelessly and recklessly collided into a stationary post. Pauley claims after the collision, Myers, with the assistance of at least two other people, moved the vehicle from the parking lot and abandoned him. Pauley is suing for punitive damages and an amount that will fairly compensate him for him injuries.
Case number: 09-C-1913

Charles D. Shawkey II vs. Lowe's Home Centers, Inc.
PA- Paul K. Reese; J- Jennifer Bailey
* Shawkey worked for Lowe's from 1987 until 2009. Shawkey claims on his last day he went to the manager's office, where he was interrogated for approximately 90 minutes. During the interrogation, he was never advised of the reason for questioning, nor was he told he was free to leave or seek counsel, according to the suit. Shawkey claims he was accused of being involved in missing store items and was advised if he wished to keep his job, he needed to write a statement admitting he was involved and write a check for $408.49 to cover the cost of materials. After he wrote the check, the store manager terminated him. Shawkey is suing for sums to fully and fairly compensate him for the harm, injuries and damages sustained; and wages, benefits and other employment compensation lost as a result of the wrongful discharge for negligence, defamation of character, false light invasion of privacy, internal infliction of emotional distress, tortuous interference with business relations and unlawful detention.
Case number: 09-C-1914

Roger Thompson and Deloris Ann Thompson vs. Apogee Coal Company LLC
PA- J. Michael Ranson, Cynthia M. Ranson; J- Charles E. King
* Roger Thompson worked for the coal company from May 8, 1998 until Feb. 14, 2008, when he was injured while operating a Komatsu 685E Dump truck. Thompson claims he was operating the Dump truck when the bed of the truck experienced a "free fall," then stopped and extended again in a severe and violent whipping motion. Thompson claims he has suffered severe and permanent personal injury; has endured pain and suffering; mental anguish and emotional distress; annoyance and inconvenience; and loss of the ability to enjoy life. Thompson's wife, Deloris Ann Thompson, claims Mr. Thompson's injuries have caused her to sustain great and irreparable loss which has caused a depravation of the society and companionship with her husband. The Thompsons are suing for compensatory, general and punitive damages.
Case number: 09-C-1916

Herbert Canterbury vs. Pray Construction Company, Peter T. Gordon, individually, d/b/a Go Bananas and Does 1-5
PA- Wendle Cook; J-Tod J. Kaufman
* Canterbury was employed by Gordon as a masonry laborer. On Oct. 14, 2007 he was ordered to perform work upon unsafe scaffolds that were missing legs and braces; did not line up with other scaffolds used on the same job; and did not comply with federal and state regulations. Canterbury claims he was unjured when the scaffold collapsed and he fell. Canterbury claims he has suffered extreme physical pain and suffering; extreme mental anguish and suffering; permanent physical impairment; loss of wages and benefits; loss of future earning capacity and benefits; loss of capacity to enjoy life; medical expenses; and annoyance and inconvenience. He is suing for compensatory damages.
Case number: 09-C-1927

Carlos R. Hess vs. Ford Motor Company
PA- Michael L. Glasser; J- Louis Bloom
* Hess purchased a new Ford vehicle for $36,577 in 2006. He claims he experienced repeated non-conformities with the vehicle, which substantially impairs its use and market value and reasonably caused him to fear for his safety when operating the vehicle. Hess claims after a reasonable number of attempts, the manufacturer did not match up the new vehicle to the warranty, nor replace the vehicle with a comparable new one that did conform to the warranties. Hess is suing for revocation of acceptance and refund of the purchase price, including sales tax, license and registration and other reasonable expenses; damages for costs of repairs; and damages for loss of use, annoyance and inconvenience.
Case number: 09-C-1929

Georgia Vela vs. Martha Walker, in her capacity as a secretary, West Virginia Department of Health and Human Resources, and the West Virginia Department of Health and Human Resources
PA- Patrick S. Cassidy, Laura Spadaro; J- Tod J. Kaufman
* Vela worked for the department in the Bureau of Children and Families since Feb. 23, 1998. Vela claims she was treated differently that younger employees and was discharged from her job on Sept. 30, 2007 as a result of her age, which was a violation of the West Virginia Human Rights Act. Vela claims to have suffered economic loss and will continue to suffer such loss in the future; and has suffered inconvenience, humiliation, impairment to her reputation and emotional distress. She is suing for compensatory damages.
Case number: 09-C-1932

Oct. 15
Amanda L. Wikel, as mother and next friend of Bransom Dakoda Wikel, a minor vs. The Board of Education of the County of Kanawha
PA- Thomas H. Peyton; J- Paul Zakaib Jr.
* Wikel claims her son suffered injuries when he fell from the playground equipment at Elk Elementary School. Wikel claims the Kanawha County Board of Education had a duty to care for her son, including a duty of proper instruction, supervision and maintenance of its equipment and premises. Wikel's son suffered a severe fracture of the radial neck in his right arm and a dislocated ulnohumeral joint in his right elbow. Wikel claims she and her son have suffered mental anguish and distress; pain and suffering; medical expenses; future lost earnings and lost earning capacity; future household services; aggravation, annoyance and inconvenience; and loss of enjoyment of life. Wikel is suing for compensatory damages.
Case number: 09-C-1935

Steven P. Miller vs. Sperry Rail, Inc. d/b/a Sperry Rail Services and Ron Hodgson
PA- Paul K. Reese; J- Irene C. Berger
* Miller began his employment at Sperry Rail Jan. 20, 2007, as an assistant operator. On Dec. 6, 2007 Miller claims he was working an assignment for CSX when Hodgson was threatening and abusive toward him without just cause or explanation. Miller claims he described Hodgson's actions and behaviors to Sperry Rail and advised management he felt Hodgson's behavior was cruel, degrading, intimidating, threatening and insulting. Miller is suing for damages for his injuries and punitive damages for wrongful termination and discrimination, assault, negligent hiring/retention, deliberate intent, negligent/unsafe work place, intentional infliction of emotional distress and negligent infliction of emotional distress.
Case number: 09-C-1941

Oct. 16
Gary Stewart vs. Apollo Oil, LLC, Phil Holley and Dale Hardwick
PA- J. Michael Ranson, Cynthia M. Ranson; J- Louis Bloom
* Stewart was employed at Apollo Oil from July 1, 2001, until May 29, 2009. Stewart claims he was discharged from Apollo Oil because of his age and that Apollo Oil is in violation of the West Virginia Human Rights Act. Hardwick was Stewart's supervisor and Holley was the president of Apollo Oil, and both were in violation of West Virginia code, according to the suit, according to the suit. He is suing for back pay and compensatory damages for embarrassment, emotional distress and mental anguish; and punitive damages for the intentional and willful violation of the State Public Policy.
Case number: 09-C-1946

Lora Jarrell, next friend and on behalf of Ursula Gerencir vs. Manor Care, Inc.; HCR Manor Care Services, Inc.; Health Care and Retirement Corporation of America, LLC; Heartland Employment Services, LLC; Danny Davis; Vivian Kiraly; John Does 1-10; and unidentified entities 2-10 (as to Heartland of Charleston)
PA- James B. McHugh; J- James C. Stucky
* Jarrell is Gerencir's power of attorney and claims the defendants caused the accelerated deterioration of her health, including falls, congestive heart failure, medication diversion and malnutrition. She claims the defendants were negligent in caring for Gerencir. She is suing for general and special damages and punitive damages.
Case number: 09-C-1944

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