THIS JUST IN: Kanawha County

By Kyla Asbury | Nov 13, 2009

Oct. 30
Mark Scarberry vs. Helen J. Hernandez and Commissioner of the West Virginia Department of Health and Human Resources
PA- C. Page Hamrick; J- Irene C. Berger
* On Nov. 1, 2008, Hernandez allegedly started a fire at Scarberry's residence, which destroyed his house. Scarberry claims the commissioner of the WVDHHR placed Hernandez in the care of Emma Ruth Childers, who lived at Scarberry's residence. According to the suit, the WVDHHR has failed to pay Scarberry for his losses and damages. He is suing for these damages.
Case number: 09-C-2043

Nov. 2
Giavonna Moore vs. Outback Steakhouse of Charleston, Outback Steakhouse West Virginia and John Doe Corporation
PA- Belinda S. Morton; J- Paul Zakaib Jr.
* On Nov. 4, 2007, Moore went to Outback Steakhouse of Charleston with her son when she was injured. Moore claims Outback Steakhouse breached its duty of due care by not properly repairing the damaged floor, which caused her severe and permanent injury to her foot, back and leg, and caused her emotional distress. She is suing for $150,000 damages for her pain and suffering.
Case number: 09-C-2053

Nov. 3
Carolyn Sue Crawford vs. Iraj Derakhshan, M.D. and Augusto Portillo, M.D.
PA- Richard D. Lindsay II, Dr. Richard D. Lindsay; J- James C. Stucky
* On Jan. 3, 2008, Crawford underwent an EMG and nerve conduction study of her upper extremities. She claims the studies were improperly performed and interpreted by Derakhshan and she was diagnosed with carpal tunnel syndrome. Derakhshan referred her to Portillo for corrective surgery. Portillo performed the surgery in June 2008 and following the surgery, Crawford claims she has lost the use of both of her hands. She is suing for compensatory and punitive damages.
Case number: 09-C-2056

Kevin Butcher, Administrator of the Estate of Katherine June Workman vs. Charleston Area Medical Center and Laurent LeGault, M.D.
PA- Richard D. Lindsay II, Dr. Richard D. Lindsay; J- Charles E. King
* Workman was taken to Charleston Area Medical Center on Sept. 8, 2007, for a fractured right ankle. Butcher claims Workman spent two days in her hospital bed immobile and without proper and timely care and treatment. LeGault performed constructive surgery on Sept. 10 and Workman died of a massive pulmonary embolism on Sept. 11. Butcher is suing for compensatory and punitive damages.
Case number: 09-C-2057

Nov. 4
David Lewis vs. Go-Mart, Inc.
PA- Bert Ketchum; J- Paul Zakaib Jr.
* On Nov. 20, 2007, Lewis was a customer at Go-Mart in St. Albans. He claims after making his purchase, he tripped and fell over a rug that was laying in an unsafe condition by the exit. He is suing for compensatory damages for his injuries.
Case number: 09-C-2067

Joey Dingess vs. Coal River Mining, LLC
PA- L. Lee Javins II, D. Blake Carter Jr.; J- Tod J. Kaufman
* Dingess worked for Coal River Mining as a roof bolting machine operator. On Dec. 14, 2007, the area near a set of airlock doors was not maintained in a safe condition and Dingess claims he and other workers were required to exit the personnel carrier and manually open and hold the airlock doors in order for man-trips to go in and out of the mine. Dingess claims while doing this, he tripped over a block and fell, which caused him to be crushed between the man-trip and the damaged airlock door. He claims he suffered severe and permanent injuries including multiple fractures to his right hand, ankle and foot. He is suing for an amount to be determined by a jury.
Case number: 09-C-2070

Patricia Kipp vs. David Masters, individually and in his official capacity as an employee of the West Virginia Division of Corrections; the West Virginia Division of Corections, an agency of the State of West Virginia; and John Doe, unknown person or persons
PA- Kerry A. Nessel; J- Jennifer Bailey
* Kipp claims during her incarceration at Anthony Correctional Center from 2005 until 2009, she was sexually harassed and abused by Masters. She claims Masters' conduct "was atrocious, intolerable and so extreme and outrageous as to exceed the bounds of decency and so outrageous as to offend community notions of acceptable behavior." She claims to have suffered anxiety; humiliation; annoyance and inconvenience; invasion of privacy; emotional distress; pain and suffering; mental anguish; loss of her ability or enjoy life; future medical and pharmaceutical expenses and other damages. She is suing for compensatory and punitive damages.
Case number: 09-C-2071

Multiplex, Inc. vs. Raleigh County Board of Education and School Building Authority of West Virginia
PA- Greg A. Hewitt, Anthony M. Salvatore; J- Paul Zakaib Jr.
* On July 21, 2005, Multiplex and the Board entered into a contract for the construction of an addition to Independent High School, which was funded by the School Building Authority. Multiplex claims the Board owes them $173,898.18 for delays associated with the roof top units, $80,298.88 for tile work, $140,560 for addition delays, and $18,575.86 for lost profit as a result of the delays. Multiplex is suing for these amounts and declaratory judgment against the Board and SBA.
Case number: 09-C-2075

Nov. 6
Denise Miller vs. GF Management; Hicha Associates, LLC; Mitchell High, individually; and Becky Welch, individually
PA- Mark A. Atkinson; J- Tod J. Kaufman
* Miller was employed at GF Management for approximately 18 months and claims she was willfully, maliciously and unlawfully terminated on Oct. 28, 2009. Miller claims her discharge was based on her age. She is suing for punitive damages.
Case number: 09-C-2082

Patricia Harrison, individually and as Administratrix of the Estate of Brian Good vs. City of Charleston, W.Va., a West Virginia Municipal Corporation
PA- Harold Albertson; J- Tod J. Kaufman
* On Sept. 12 at approximately 9 p.m., Good was involved in a high-speed police chase. The chase ended Sept. 13, where police vehicles provided a barricade that effectively ended the chase. Harrison claims the police officers negligently and immediately opened fire, killing Good. Harrison is suing for compensatory and punitive damages for negligence and/or intentional dereliction of duty and wrongful death.
Case number: 09-C-2085

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