THIS JUST IN: Cabell County

By Kyla Asbury | Nov 13, 2009

Nov. 3
Janice Roush vs. Mitchell E. Nutt, M.D.
PA- Paul T. Farrell Jr., Lawrence J. Tweel, J. Robert Rogers; J- F. Jane Hustead
* On Aug. 20, 2007, Dr. Mitchell E. Nutt performed surgery on Roush at St. Mary's Medical Center. In the surgery he performed a hysterectomy, salpingo-oophorectomy, closure of a vaginal enterocele, anterior colporrhaphy with graft, perivaginal repair, posterior colporrhaphy with graft, sacrospinous colposuspension and an anal sphincteroplasty. Roush claims since the surgery she has experienced significant mental and physical pain and suffering; has sustained permanent injury; permanent and substantial physical deformity; and loss of a bodily organ system. Roush is suing for compensatory and punitive damages.
Case number: 09-C-875

Nov. 4
Michelle M. McCallister, as next friend of M.K.M., a minor vs. Barboursville Little League Baseball Inc.
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III; J- F. Jane Hustead
* On March 21, 2009, McCallister's daughter, M.K.M. was injured on a break-away base during her softball team's practice or game. McCallister claims the break-away bases were for adults and not minors and M.K.M. suffered a broken leg. McCallister is suing for compensatory and general damages.
Case number: 09-C-878

Dretta Green vs. JCPenney Properties Inc. and Schindler Elevator Corporation
PA- Thomas P. Boggs; J- David M. Pancake
* On Nov. 7, 2007, Green used the escalator at JCPenney in the Huntington Mall to go to the second floor when the escalator malfunctioned, causing her to be injured. Green claims to have suffered personal injuries and has incurred medical expenses. She is suing for compensatory damages for negligence.
Case number: 09-C-879

Chester L. Napier and Kelly Napier vs. Mascaro Construction Company L.P. and Cabell Sheet Metal & Roofing Inc.
PA- Kenneth P. Hicks; J- David M. Pancake
* Chester Napier was employed by Cabell Sheet Metal & Roofing and was on a work site near the intersection of Fifth Avenue and 20th Street in Huntington. Mr. Napier claims he and co-workers had repeatedly requested Mascaro Construction to put down gravel or otherwise provide a safe place to walk because the job site was covered in mud and contained numerous trenches and ditches, some two and three feet deep. On March 14, 2008, Mr. Napier fell because of the mud and injured his back and both knees. He and his wife, Kelly Napier, are suing for compensatory and punitive damages.
Case number: 09-C-881

Nov. 5
MDN Aviation vs. Engine Components Inc.
PA- William L. Mundy; J- F. Jane Hustead
* MDN Aviation purchased cylinders for aircraft engines from Engine Components, Inc. On Feb. 10, 2009, an Engine Components cylinder failed during the flight of MDN Aviation's Cessna 340A. MDN Aviation claims the cylinder was defective. The company is suing for the cost repair and replace the defective cylinders; cost to inspect the defective cylinder; cost to inspect Engine Components cylinders in the future; loss of use; annoyance, aggravation and inconvenience; and punitive damages for strict liability, negligence, breach of warranty and negligent inspection.
Case number: 09-C-884

November 9
Evelyn Adkins vs. James H. Morgan III, M.D.
PA- Lonnie C. Simmons, Heather M. Langeland; J- F. Jane Hustead
* On June 28, 2007, Adkins underwent surgery performed by Morgan at St. Mary's Medical Center for symptomatic biliary colic. On July 1, Adkins returned to the ER with severe abdominal pain, nausea and vomiting and Morgan performed an open repair of an incarcerated incisional hernia and resected a portion of ischemic small intestine that was trapped in the umbilical port site. On July 17, Adkins was found to be septic and a laparotomy revealed a large infected hematoma and anastomotic leak, which required small bowel resection, placement of a feeding tube and removal of the hematoma. She is suing for compensatory and punitive damages.
Case number: 09-C-892

Sandra Payne vs. Green Acres Regional Center Inc.
PA- Larry O. Ford; J- David M. Pancake
* Payne was employed by Green Acres and assigned to work in one of its cabins as an aide, caring and supervising its seven residents. Payne claims prior to the incident, she had made various requests that another aide be assigned to a patient referred to as M.D. to better control him. Payne claims M.D. was "a very large man who suffered various mental conditions." On June 20, 2008, M.D. attacked Payne, grabbing and knocking her to the floor, according to the suit. Payne claims she was able to crawl from the room and the other aide in the cabin came to her rescue. She is suing for compensatory damages.
Case number: 09-C-894

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