THIS JUST IN: Kanawha County

By Kyla Asbury | Dec 4, 2009

October 29

October 29
Edward Peters-Jordan vs. Shoney's Restaurant #116, Kanawha Boulevard, East Charleston, W.Va.
PA- pro se; J- Tod J. Kaufman
* Peters-Jordan was a customer at Shoney's and ate a plate of food from the buffet. Peters-Jordan claims he felt something stab the inside of his mouth and found a piece of glass or plastic that had been in his food. He claims he became ill and sough medical treatment at St. Francis Hospital and Charleston Area Medical Center. He is suing for compensatory and punitive damages.
Case number: 09-C-2037

October 30
Hendrickson & Long, PLLC vs. Benjamin F. White, an individual; and Benjamin F. White, Attorney at Law, PLLC
PA- J. Miles Morgan; J- Irene C. Berger
* On April 28, 2008, White became an at-will employee of Hendrickson & Long and was employed as an associate attorney. According to the suit, sometime after his employment began, White began receiving payment from the U.S. Treasury in connection with his representation of claimants. H&L claims White intentionally and systematically failed to relinquish this money and kept it for personal use. H&L is suing for special damages for economic and financial losses; prejudgment interest; an order freezing the assets of any account White is primarily responsible; an accounting of all White's assets; and any other damage allowable.
Case number: 09-C-2044

November 12
Robert R. Rodecker vs. Ford Motor Company, a foreign corporation, and Bert Wolfe, Inc., a West Virginia Corporation
PA- Robert R. Rodecker; J- Charles E. King
* On Nov. 14, 2007, Rodecker purchased a 2008 Ford Edge from Bert Wolfe, Inc. Rodecker claims after purchasing the vehicle he discovered and experienced nonconformities that substantially impaired the use, value and/or safety of the vehicle. He claims the defendants failed to repair the vehicle. He is suing for compensatory and punitive damages.
Case number: 09-C-2109

John R. Armstrong and Cindy Armstrong vs. Robert E. Pollard, M.D.; the Eye and Ear Clinic of Charleston, Inc. d/b/a Charleston Surgical Hospital; Eye & Ear Clinic Physicians, Inc.; Dante R. Geronilla, M.D.; General Anesthesia Services, Inc.; Rebecca Podbeseck, R.N., C.R.N.A.
PA- J. Robert Leslie; J- Irene C. Berger
* On Nov. 14, 2007, Mr. Armstrong was a patient of the defendants, who performed a suspended laryngoscopy with biopsies. According to the suit, Pollard failed or refused to halt the elective procedure after Mr. Armstrong exhibited signs of distress, failed to accurately diagnose Mr. Armstrong's condition and thereafter abandoned the patient. Geronilla and Podbesek failed to perform an adequate pre-anesthesia machine check-out, failed to perform an adequate pre-anesthesia checklist and failed to verify an adequate reserve supply of oxygen. The Armstrongs are suing for compensatory damages.
Case number: 09-C-2111

Dimitra Burgess vs. Valley Diagnostic Laboratories
PA- Paul K. Reese; J- Irene C. Berger
* Burgess has been employed by Valley Diagnostic Laboratories for several months and on Aug. 31, her employment was terminated. She claims Valley Diagnostic Laboratories owes her a total of $770.75 for employment wages for the period of Aug. 24 to Aug. 31. She is suing for past wages in the amount of $770.75 and liquidated damages in the amount of $2,312.25.
Case number: 09-C-2113

Nellie Gray Templeton, Executrix of the Estate of Carroll Templeton, deceased vs. CSX Transportation, Inc.
PA- James F. Humphreys, James A. McKowen, Willard J. Moody; J- Charles E. King
* Mr. Templeton was employed at CSX Transportation from 1943 until 1982. Mrs. Templeton claims during her husband's career he was exposed to asbestos dust, fibers, silica sand, silica dust, coal and/or coal dust. Mr. Templeton died as a result of asbestos-causes diseases and/or injuries. Mrs. Templeton is suing for a judgment against CSX Transportation in the amount of $1.5 million.
Case number: 09-C-2114

Ruth Testa, Executrix of the Estate of Benny J. Testa, deceased vs. CSX Transportation, Inc.
PA- James F. Humphreys, James A. McKowen, Willard J. Moody; J- Irene C. Berger
* Mr. Testa was employed at CSX Transportation from 1938 until 1953. Mrs. Testa claims during her husband's career he was exposed to asbestos dust, fibers, silica sand, silica dust, coal and/or coal dust. Mr. Testa died as a result of asbestos-causes diseases and/or injuries. Mrs. Testa is suing for a judgment against CSX Transportation in the amount of $1.5 million.
Case number: 09-C-2115

Girlonza Scott and John Hilton Tincher vs. Cabot Oil & Gas Corp., a foreign corporation; and Freedom Oil & Gas, Inc., a West Virginia corporation
PA- Marvin W. Masters, Christopher L. Brinkley; J- Jennifer Bailey
* Scott and Tincher co-own property located in the Malden District of Kanawha County. Cabot Oil & Gas Corporation operated natural gas wells on Scott and Tincher's property in accordance with a lease dated April 23, 1926. According to the suit, despite the increase in gas prices since 1926, the market price has not been changed and Cabot Oil & Gas "are reaping a windfall due to the increased value of gas," while Scott and Tincher "continue to receive mere pennies rather than the full one-eighth royalty that they are entitled to under the lease." Scott and Tincher are suing for compensatory damages and interest on those damages.
Case number: 09-C-2116

Brandon Smith and Logsone Land Co. vs. Cabot Oil & Gas Corp., a foreign corporation; and Freedom Oil & Gas, Inc., a West Virginia corporation
PA- Marvin W. Masters, Christopher L. Brinkley; J- James C. Stucky
* Smith and Logsone Land Company are successive former owners of property in the Malden District of Kanawha County. Cabot Oil & Gas and Freedom Oil & Gas operate natural gas wells on this property in accordance with a lease dated April 23, 1926. According to the suit, despite the increase in gas prices since 1926, the market price has not been changed and Cabot Oil & Gas "are reaping a windfall due to the increased value of gas," while Smith and Logsone Land Co. receive "mere pennies rather than the full one-eighth royalty they are entitled to under the lease." They are suing for compensatory damages with interest.
Case number: 09-C-2117

Jeanne M. Thomas vs. Mark A. Burdette, individually and as a Police Officer for the City of St. Albans, and the City of St. Albans
PA- Robert D. Cline Jr., Robert A. Cambell, Drew S. Woods; J- James C. Stucky
* On April 9 at approximately 3:35 p.m. Thomas entered Route 60 from 6th Street in St. Albans, when Burdette, a police officer, collided with Thomas' vehicle. According to the suit, Burdette's vehicle was owned by the city of St. Albans and he was going 58 mph in an area with a 40 mph posted speed limit. He was not responding to a police emergency, according to the suit. Thomas claims her vehicle was knocked across the westbound lanes of MacCorkle Avenue and struck a telephone pole. She is suing for compensatory damages.
Case number: 09-C-2118

Tammy C. Good, Administratrix and Personal Representative of the Estate of Seth Adam Harris, deceased vs. Bryan K. Richmond, M.D.
PA- J. Timothy DiPiero, Heather M. Langeland; J- Irene C. Berger
* On June 5, 2007, Harris was admitted to Charleston Area Medical Center for elective reversal of his ileostomy to be performed by Richmond. On June 14, Harris was given a gastrografin enema, which revealed he had an anastomotic leak. He was taken into surgery June 15 and he was found to have a large amount of gastrointestinal contents contaminating his intra-abdominal cavity due to breakdown of the rectal anastomosis Richmond performed. His condition continued to deteriorate and more leakage was discovered in another surgery on June 17. Harris died June 19. Good is suing compensatory damages.
Case number: 09-C-2119

November 13
Patricia Kipp vs. Darrell Krinke, individually and in his official capacity as an employee of the West Virginia Division of Corrections, the West Virginia Division of Corrections, 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 in Anthony Correctional Center, she was sexually harassed and sexual abused from 2005 until 2008 by Krinke. She claims she has suffered anxiety; humiliation; annoyance and inconvenience; invasion of privacy; emotional distress; pain and suffering; mental anguish; loss of her ability to enjoy life; future medical and pharmaceutical expenses; and other damages. Kipp claims the W.Va. Division of Corrections was negligent in failing to supervise, train and hire Krinke and Doe; negligently staffed the correctional center; negligently failed to intervene on her behalf; and negligently retained Krinke and Doe's employment. She is suing for compensatory and punitive damages.
Case number: 09-C-2121

Jerome Hensley vs. 3M Company, A.W. Chesterton Company, et al.
PA- Cindy J. Kiblinger, Victoria Antion; J- visiting judge
* Hensley was diagnosed with mesothelioma on Oct. 16. He claims he smoked one pack per day from 1986 until 2004. He is suing 52 companies for negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn. Hensley is suing for a trial by jury to resolve all issues with his mesothelioma.
Case number: 09-C-2123

Calvin Moss Jr. vs. General Motors Company
PA- Michael L. Glasser; J- Tod J. Kaufman
* On July 31, 2008, Moss purchased a new 2008 Chevrolet HHR for $24,296. He claims after purchasing the vehicle, he experienced repeated non-conformities which substantially impaired the use and market value of the vehicle. He claims after a reasonable number of attempts, the manufacturer did not conform the new vehicle to the warranty, nor replace the vehicle with a comparable new vehicle. He is suing for revocation of acceptance and refund of the purchase price of the vehicle; damages for costs of repairs; and damages for loss of use, annoyance or inconvenience.
Case number: 09-C-2126

Mid-Atlantic Technology Engineering PLLC vs. Bayer Cropscience LP
PA- Paul A. Konstanty, James D. Meadows; J- Irene C. Berger
* On Nov. 10, 2008, MATE entered into a subcontracting agreement with Butler Resources. MATE provided engineering and technical expertise to Butler for Bayer. MATE claims to have not yet received final payment for these services. MATE claims it is owed a sum of no less than $253,097.13. The company is suing for the court to enter an order enforcing the mechanic's lien of MATE; appointing a special commissioner to sell the Bayer property; ordering the commissioner to sell the property and determine the priority of any liens on the property; and for the sum of $253,097.13.
Case number: 09-C-2127

November 20
Mary Beth Carlisle vs. West Virginia Department of Health and Human Resources, Bureau for Behavioral Health and Health Facilities, and John E. Bianconi, individually
PA- Rita Massie Biser, Tonya P. Mullins; J- Tod J. Kaufman
* On April 12, 2004, Carlisle was hired as the chief executive officer of Mildred Mitchell-Bateman Hospital in Huntington by the West Virginia Department of Health and Human Resources and the Bureau for Behavioral Health and Health Facilities. She was demoted on Nov. 17, 2009, with a corresponding pay grade of 26. She claims male chief executive officers were given a pay grade of 97. She is seeking back pay; that the court enter a permanent injunction against the defendants; that she be reinstated to her position as chief executive officer; reclassified in a manner consistent with male counterparts; all out of pocket losses; and punitive and compensatory damages.
Case number: 09-C-2163

Mike Jones vs. Massey Coal Services, Inc.; Earnest Earl, individually and as an employee/representative of Massey Coal Services, Inc. and/or Stirrat Coal Company; Stirrat Coal Company; Titan Transport, Inc.; and Joseph B. Fields, individually and as an employee/representative of Titan Transport, Inc.
PA- James R. Akers II; J- James C. Stucky
* Jones was employed by Titan Transport. He claims he was scheduled to work 10-hour shifts for Titan at the Omar mine site and that the shifts were flexible. Jones claims he chose to work the 5 a.m. to 3 p.m. shift and had done so for many months. On June 25, Jones and a co-worker left the Omar mine site at 3 p.m. and on July 1, Fields called Jones to say he was "banned" from the mine site, which was his only employment. Jones is suing compensatory and punitive damages.
Case number: 09-C-2169

Stephanie Salmons vs. PrimeCare Medical of West Virginia, Inc.
PA- Paul M. Stroebel; J- Louis Bloom
* Salmons was employed by PrimeCare Medical as a nurse. In March 2009 she claims she complained that the medical staff was falsifying and destroying medical records. On July 31 she was discharged from her employment. She claims she was discharged for her complaint. She is seeking that she be returned to work and be awarded compensatory and punitive damages.
Case number: 09-C-2170

November 23
Cassandra Mahood vs. Charleston Area Medical Center, Inc.
PA- James A. Villanova, Michael E. Metro; J- Charles E. King
* On Dec. 17, 2007, Mahood was meeting a relative at the hospital when she fell in the main lobby and suffered serious and permanent bodily injuries. She claims the hospital failed to warn her of the dangerous, unsafe and hazardous conditions on the floor in the main lobby. She is suing for compensatory damages.
Case number: 09-C-2177

Charles Benjamin Oxley and Louise Oxley vs. 3M Company, A.W. Chesterton Company, et al.
PA- Cindy J. Kiblinger, Victoria Antion; J- visiting judge
* Mr. Oxley claims he never smoked and was diagnosed with mesothelioma on Oct. 7.
The Oxleys are suing the 58 companies for negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn. The Oxleys are seeking for a trial by jury to resolve all issues with his mesothelioma.
Case number: 09-C-2178

Arnold Glenn Treadway vs. A.W. Chesterton Company, Aurora Pump Company, et al.
PA- James A. McKowen, Cindy J. Kiblinger, Victoria Antion; J- visiting judge
* Treadaway was diagnosed with mesothelioma on Oct. 16. He claims he smoked one pack per day from 1944 until 1970. He is suing the 45 companies for negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn. Treadaway is suing for a trial by jury to resolve all issues with his mesothelioma.
Case number: 09-C-2179

Helen E. Stilwell vs. Friends at Home Care, Inc.; and Elder Aide Services, LLC d/b/a Right At Home Care, Inc.
PA- Robert B. Allen, Robert H. Akers; J- Paul Zakaib Jr.
* On Dec. 23, 2008, Stilwell's niece contacted Friends at Home Care and Right at Home to provide caregiver services for Stilwell. Leah Marie Lowe became Stilwell's caregiver. On Jan. 5, 2009, Lowe took and used a credit card owned by Stilwell. Stilwell claims Lowe overmedicated her and then left her unattended, further jeopardizing her health and safety. Stilwell's neighbor, a registered nurse who often came to visit her, found her in an "incoherent and confused state induced by over medication." Stilwell is suing for compensatory and punitive damages.
Case number: 09-C-2180

November 24
James D. Lester vs. Massey Coal Services, Inc.; Earnest Earl, individually and as an employee/representative of Massey Coal Services, Inc. and/or Stirrat Coal Company; Stirrat Coal Company; Titan Transport, Inc.; and Joseph B. Fields, individually and as an employee/representative of Titan Transport, Inc.
PA- James R. Akers II; J- Irene C. Berger
* Lester was employed by Titan Transport. He claims he was scheduled to work 10-hour shifts for Titan at the Omar mine site and that the shifts were flexible. Lester claims he chose to work the 5 a.m. to 3 p.m. shift and had done so for many months. On June 25, Lester and a co-worker left the Omar mine site at 3 p.m. and on July 1, Fields called Lester to say he was "banned" from the mine site, which was his only employment. Lester is suing compensatory and punitive damages.
Case number: 09-C-2183

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