THIS JUST IN: Kanawha County

By Kyla Asbury | Nov 6, 2009

Oct. 26
Travis V. Flint and Julia D. Flint vs. The West Virginia State Police
PA- David Karickhoff, Bernard R. Mauser; J- Charles E. King
* Mr. Flint was a cadet in the 58th Cadet Class at the police academy and on Oct. 26, 2007, he injured his left leg while participating in physical training. He was taken to the academy nurse, who allegedly told him to keep his leg straight, but there were no other restrictions. Mr. Flint claims the pain in his leg progressed and became unbearable. A doctor at Thomas Memorial Hospital examined him and advised him he had a torn hip muscle. He and Mrs. Flint are suing for compensatory damages.
Case number: 09-C-1997

Angela M. Graley and Jeremy E. Graley vs. Wal-mart Stores Inc.
PA- D. Adrian Hoosier II; J- Irene C. Berger
* In July 2009, Mrs. Graley was at Wal-mart in South Charleston when she slipped in what appeared to be a liquid from fragrances left on the floor and fell. Mrs. Graley claims had a duty to warm her of the condition but failed to do so. She and Mr. Graley are suing for compensatory damages.
Case number: 09-C-2002

Mike Rutherford, Sheriff of Kanawha County, as Administrator, c.t.a of the Estate of Nancy Clendenen, deceased vs. Sunbridge Dunbar Health Care Corp. d/b/a Sunbridge Care & Rehabilitation for Dunbar a/k/a Dunbar Care and Rehabilitation Center; Sunbridge Healthcare Corporation; and Sun Healthcare Group, Inc.
PA- Harry F. Bell Jr., Andrew L. Paternostro, Robert W. Absten; J- Louis Bloom
* Clendenen was a resident at the nursing home from Feb. 4 until Feb. 16, 2008. According to the suit, during her time at the nursing home Clendenen suffered serious injuries from a pattern of poor care, neglect and abuse. Rutherford claims Clendenen suffered from systemic abuse and neglect causing significant injuries and ultimately led to her death on March 24, 2009. Rutherford is suing for compensatory and punitive damages for negligence and wrongful death.
Case number: 09-C-2006

Oct. 27
Matthew Oyler, a minor, by his father and next friend, Samuel Oyler vs. The Hershey Company and Wal-mart Stores, Inc.
PA- J. Michael Ranson, Cynthia M. Ranson; J- Louis Bloom
* Samuel Oyler purchased Mounds dark chocolate snack candy made by the Hershey Company from Wal-mart on Oct. 22, 2008 and when Matthew Oyler ate the candy a rusty needle that was lodged in the candy became lodged in his mouth, causing injuries, including cuts and infections. Samuel Oyler is suing for compensatory and general damages.
Case number: 09-C-2009

Neil and Marcella Roth vs. Chrysler Group, LLC
PA- Hugh Wood; J- James C. Stucky
* On Dec. 18, 2006, the Roths purchased a 2007 Jeep Wrangler from Chrysler Group for $24,118. Shortly after purchasing the vehicle, the Roths experienced various defects including a water leak and other defects identified on repair receipts. The Roths claim these defects are included in the vehicle's warranty. They are suing for compensatory damages.
Case number: 09-C-2011

Penny Wyatt vs. Sodexho Services, Inc, Sodexo, Inc; Sodexo Operations, LLC; Sodexo America, LLC; Sodexo Management, Inc.
PA- J. Kristofer Cormany; J- Paul Zakaib Jr.
* Wyatt was employed by the University of Charleston at its restaurant and on Nov. 1, 2007, Sodexo was hired to perform janitorial, maintenance and food related services. Wyatt claims Sodexo failed to adequately maintain the air conditioning unit and as a result, water accumulated on the floor, where Wyatt slipped and fell. She claims she sustained 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; annoyance and inconvenience; and permanent scarring and disfigurement. She is suing for compensatory damages.
Case number: 09-C-2013

Nancy Rosette vs. Arturo Lim, M.D.
PA- Michael J. Del Giudice; J- Tod J. Kaufman
* Rosette was a patient of Lim, who was treating her for gall bladder problems. On Nov. 12, 2007, Lim performed a laparoscopic cholecystectomy on her. Rosette claims during the surgery Lim clipped and divided what he through to be a cystic duct, which it was not. According to the suit, Rosette has undergone numerous surgical procedures to correct this error. She claims to have incurred damages including past and future medical expenses; past and future lost homemaker services; past and future mental and physical pain and suffering; and loss of her capacity to enjoy life. She is suing for compensatory damages.
Case number: 09-C-2014

Oct. 29
Alfred Hill vs. Trent A. Redman, attorney at law, and Redman, Payne & Muldoon, PLLC
PA- Todd W. Reed; J- James C. Stucky
* On Oct. 10, 2006, Hill sought to terminate his marriage and hired Redman for legal representation. Hill claims Redman undertook a duty to perform professional services for him, but did so negligently. Hill is suing for compensatory damages and punitive damages for breach of contract and breach of fiduciary duty.
Case number: 09-C-2032

Loretta Cline, executrix of the Estate of Henry Cline vs. Kiren Jean Kresa-Reahl, M.D.
PA- Richard D. Lindsay, Matthew C. Lindsay; J- Jennifer Bailey
* On Feb. 22, 2009, Mr. Cline was admitted to Charleston Area Medical Center with complaints of a headache, followed by sudden onset right-sided weakness and paralysis and an inability to speak under Kresa-Reahl's care. Mr. Cline died on Feb. 23. Mrs. Hill claims Kresa-Reahl failed to advise them of the option of thrombolytic treatment of his stroke. According to the suit, Kresa-Reahl negligently failed to properly care for Mr. Cline. Mrs. Cline is suing for compensatory damages and punitive damages for medical malpractice.
Case number: 09-C-2034

Betty Bell, executrix of the Estate of Robert Lee Bell Sr. vs. Madison Insurance Agency, Inc., F. Marlene Walker, Shawn Walker and Encompass Insurance Company
PA- James R. Akers II; J- Charles E. King
* In February 2006 Mr. Bell purchased an automobile policy from Madison Insurance Agency and Encompass Insurance Company, and paid his premiums and maintained his insurance in good standing. Mr. Bell died as a result of a collision on Jan. 1, 2008, which was deemed the other driver's fault. On Oct. 31, 2008, Mrs. Bell received a phone call from Marlene Walker, an employee of Madison Insurance Agency regarding insurance policy forms related to new coverage. Shawn Walker appeared at her home with insurance forms on Nov. 5. According to the suit, Mrs. Bell inquired about the forms and claims she realized that something was not right. Mrs. Bell is suing for compensatory and punitive damages.
Case number: 09-C-2035

Kristopher A. Wiesner and Carolyn Hart, co-administrators of the Estate of Carrie Lea Wiesner, deceased, and Kristopher A. Wiesner, individually vs. Kevin L. Eggleston, M.D., Robert J. Crisalli, M.D., Hossam Tarakji, M.D. and Tamejiro Takubo, M.D.
PA- Sprague W. Hazard; J- James C. Stucky
* On Oct. 8, 2007, Carrie Lea Wiesner was a patient at Thomas Memorial Hospital and on Oct. 9, 2007, she was a patient at Charleston Area Medical Center. During this time she was under Crisalli, Tarakji, Eggleston and Takubo's care. Kristopher Wiesner and Hart claim the defendants failed to perform procedures in a proper, careful and customary manner; and failed to timely and adequately diagnose, treat and otherwise care for and/or misdiagnosed Carrie Lea Wiesner's condition, resulting in her death. They are suing for compensatory and punitive damages for wrongful death.
Case number: 09-C-2038

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