WEST VIRGINIA RECORD

Oct. 19
Harold W. Whaples vs. Turnpike Ford Inc.
PA- Anthony M. Salvatore; J- Jennifer Bailey
* On March 26, 2005, Whaples purchased a 2003 Ford F550 Super Duty truck from Turnpike Ford, Inc. in Marmet for $50,198.95. He claims on Oct. 25, 2007, he was returning from a service visit at Turnpike Ford when he encountered difficulties with the truck. He claims Turnpike Ford was negligent in performance of service/warranty repairs because of a secondary fuel filter or other fuel containing device began to leak, found an ignition source and caused a fire which consumed the entire vehicle. He is suing for compensatory damages to fairly compensate him for his losses.
Case number: 09-C-1950

Anissa White vs. Fifth Third Bank
PA- Paul M. Stroebel; J- James C. Stucky
* White has a mortgage/construction loan with Fifth Third Bank and claims the bank has repeatedly failed to properly post payments and credit to her account. According to the suit, the bank has returned payments, failed to recognize her purchase of insurance, sent foreclosure and/or delinquent notices and forwarded false and derogatory information to a credit reporting agency. She claims she has been unable to obtain another mortgage and has suffered financial loss, annoyance and inconvenience as well as emotional distress. She is suing for damages in an amount less than $75,000.
Case number: 09-C-1956

Oct. 20
Timothy Martin vs. General Motors Corporation
PA- Mary Downey; J- Jennifer Bailey
* On March 31, 2008, Martin and GMC entered into a consumer credit transaction for the purchase of a new 2008 Chevrolet LT Sedan, which was under a new vehicle written express warranty. According to the suit, there were latent defects in the vehicle and as a consequence of these defects the vehicle was unfit for its ordinary purpose. Martin claims these defects were reasonably undiscoverable at the time of purchase. Martin is suing for damages for the defects.
Case number: 09-C-1959

Jeff W. Johnson Jr. vs. Halftime Sports LLC, Michael Hughes and Richard Rose
PA- Todd S. Bailess; J- James C. Stucky
* Johnson was employed by Halftime Sports as a cook and dishwasher and claims the company failed to timely pay him for wages for two pay periods, from Aug. 3 to Aug. 16 and Aug. 17 to Aug. 26, 2009. He claims the company's actions were willful, wanton, and/or undertaken with reckless disregard and/or reckless indifference to his rights. He is suing for punitive damages.
Case number: 09-C-1966

James Gore III vs. Halftime Sports LLC, Michael Hughes and Richard Rose
PA- Todd S. Bailess; J- Charles E. King
* Gore was employed by Halftime Sports as a cook and claims the company failed to timely pay him for wages for two pay periods, from Aug. 3 to Aug. 16 and Aug. 17 to Aug. 26, 2009. He claims the company's actions were willful, wanton, and/or undertaken with reckless disregard and/or reckless indifference to his rights. He is suing for punitive damages.
Case number: 09-C-1967

Michael Gray vs. Halftime Sports LLC, Michael Hughes and Richard Rose
PA- Todd S. Bailess; J- Tod J. Kaufman
* Gray was employed by Halftime Sports as a dishwasher and claims the company failed to timely pay him for wages for two pay periods, from Aug. 3 to Aug. 16 and Aug. 17 to Aug. 26, 2009. He claims the company's actions were willful, wanton, and/or undertaken with reckless disregard and/or reckless indifference to his rights. He is suing for punitive damages.
Case number: 09-C-1968

Ricardo Stevens vs. Halftime Sports LLC, Michael Hughes and Richard Rose
PA- Todd S. Bailess; J- Paul Zakaib Jr.
* Stevens was employed by Halftime Sports as a cook and claims the company failed to timely pay him for wages for two pay periods, from Aug. 3 to Aug. 16 and Aug. 17 to Aug. 26, 2009. He claims the company's actions were willful, wanton, and/or undertaken with reckless disregard and/or reckless indifference to his rights. He is suing for punitive damages.
Case number: 09-C-1969

Brent Seals vs. Halftime Sports LLC, Michael Hughes and Richard Rose
PA- Todd S. Bailess; J- Jennifer Bailey
* Seals was employed by Halftime Sports as a cook and claims the company failed to timely pay him for wages for two pay periods, from Aug. 3 to Aug. 16 and Aug. 17 to Aug. 26, 2009. He claims the company's actions were willful, wanton, and/or undertaken with reckless disregard and/or reckless indifference to his rights. He is suing for punitive damages.
Case number: 09-C-1970

Anthony Bond vs. Halftime Sports LLC, Michael Hughes and Richard Rose
PA- Todd S. Bailess; J- Paul Zakaib Jr.
* Bond was employed by Halftime Sports as a dishwasher and claims the company failed to timely pay him for wages for two pay periods, from Aug. 3 to Aug. 16 and Aug. 17 to Aug. 26, 2009. He claims the company's actions were willful, wanton, and/or undertaken with reckless disregard and/or reckless indifference to his rights. He is suing for punitive damages.
Case number: 09-C-1971

Clarence Burdette vs. Halftime Sports LLC, Michael Hughes and Richard Rose
PA- Todd S. Bailess; J- James C. Stucky
* Burdette was employed by Halftime Sports as a dishwasher and claims the company failed to timely pay him for wages for two pay periods, from Aug. 3 to Aug. 16 and Aug. 17 to Aug. 26, 2009. He claims the company's actions were willful, wanton, and/or undertaken with reckless disregard and/or reckless indifference to his rights. He is suing for punitive damages.
Case number: 09-C-1972

James Blankenship vs. Halftime Sports LLC, Michael Hughes and Richard Rose
PA- Todd S. Bailess; J- Louis Bloom
* Blankenship was employed by Halftime Sports as a prep cook and claims the company failed to timely pay him for wages for two pay periods, from Aug. 3 to Aug. 16 and Aug. 17 to Aug. 26, 2009. He claims the company's actions were willful, wanton, and/or undertaken with reckless disregard and/or reckless indifference to his rights. He is suing for punitive damages.
Case number: 09-C-1973

Oct. 21
Howard Lee Miller vs. State of West Virginia, Division of Motor Vehicles
PA- J. Michael Ranson, Cynthia M. Ranson, Christie S. Utt; J- Jennifer Bailey
* Miller is a resident of Mason County and was employed by the Division of Motor Vehicles. He claims on Nov. 16, 2001, he was wrongfully discharged from his employment because he was a Republican. He is suing judgment against the DMV for an amount equal to the loss of all back pay and employment benefits along with an award of either reinstatement to former employment or for front pay in lieu of reinstatement; compensatory damages for embarrassment, emotional distress and mental anguish; and punitive damages for the intentional and willful violation of State Public Policy.
Case number: 09-C-1974

Oct. 22
Tanya Stone vs. Lynne Sandy
PA- Larry O. Ford; J- Tod J. Kaufman
* On Nov. 11, 2007, Sandy was operating her vehicle on Lee Street in Charleston and at the intersection of Lee Street, East and Bradford Street she negligently caused or allowed her vehicle to leave the roadway and collide with a residential structure, causing significant damage to the structure, according to the suit. Stone claims she was in the building when the accident occurred and when she exited the building she slipped on debris and fell to the ground, causing a right radial head fracture. She is suing for compensatory damages.
Case number 09-C-1979

Danny E. Hicks and Diane Hicks vs. Medtronic Inc. and Medtronic USA Inc.
PA- Samuel F. Hanna; J- Irene C. Berger
* On Sept. 12, 2006, Mr. Hicks had a Medtronic Virtuoso DR defibrillator and/or Sprint Fidelis defibrillation lead and claims he and Mrs. Hicks were not made aware of the defective defibrillator until they received a letter Oct. 22, 2007 from Medtronic, Inc. Mr. Hicks claims he and his wife have suffered emotional distress, medical expenses, loss wages, needless pain and suffering, annoyance, inconvenience, the requirement to be monitored and loss of consortium, services, companionship and society. They are suing for compensatory damages and punitive damages.
Case number: 09-C-1981

John Keith Carter vs. John Martin and Gates Corporation
PA- Kenneth P. Hicks, Richard G. Conley; J- Paul Zakaib Jr.
* On June 9, 2008, Carter was operating a bicycle on the sidewalk of Washington Street, near the intersection of Dickinson Street when he was struck by a 2006 Dodge Caravan being driven by Martin and owned by Gates Corporation. Carter claims he suffered physical and mental pain and suffering; loss of income; loss of future household services; loss of ability to earn wages in the future; diminution of his capacity to enjoy life; and has incurred expenses for medical treatment and hospital care. He is suing for compensatory damages.
Case number 09-C-1982

Ralph Barnett vs. Robert Salnaker, individually, and Bannum Inc. d/b/a Bannum Place of Charleston
PA- Larry E. Losch; J- Paul Zakaib Jr.
* On Dec. 15, 2008, Stalnaker suspected inmates of sneaking out at night and going to other rooms, so he had the night watchman pull the breaker. Barnett claims when he got up to use the bathroom and was walking down a dark hall where he couldn't see, he fell over a piece of exercise equipment, which then fell over him. He claims he injured his shoulder, tore a rotator cuff, hurt his knee and lower back, and has been permanently injured. He is suing for damages for doctor, hospital and pharmaceutical expenses; pain and suffering; loss of ability to enjoy life; and permanent injury.
Case number: 09-C-1983

Richard L. Martinez vs. Bone and Joint Surgeons Inc. and Bone & Joint Limited Liability Company
PA- Mark A. Atkinson; J- Irene C. Berger
* Martinez was employed by Bone and Joint Surgeons for approximately 30 years and claims he was willfully, maliciously and unlawfully terminated on Sept. 19, 2009. He claims his discharge was based on his age. He is suing for punitive damages for lost wages and benefits; back pay, front pay and overtime pay; and annoyance, inconvenience, indignity, embarrassment and humiliation.
Case number: 09-C-1984

Oct. 23
Pierson Refrigeration Services Inc. /ba Pierson Technical Services vs. Calvin J. Canterbury and Cal Corp, Inc.
PA- James M. Pierson; J- Irene C. Berger
* On March 9, 2003, Cal Corp., Inc. completed a credit application to obtain a line of credit for services rendered by Pierson Refrigeration Services. The company claims that Cal Corp failed to pay $1,907.91 due to them and another $15,809.73. The company is suing these sums of money.
Case number: 09-C-1993