WEST VIRGINIA RECORD

Aug. 10
Savannah Lovejoy, infant; and Dianna Lovejoy, her guardian and next friend; and Dianna Lovejoy and Danny Lovejoy vs. Robert W. Letton Jr., M.D., and Charleston Area Medical Center
PA- Kristine A. Burdette, Frances Whiteman, Kimberly E. Williams; J- Paul Zakaib Jr.
* On Dec. 30, 2005, Letton, a pediatric surgeon, was performing an operation on Savannah Lovejoy when he lacerated her spleen, causing severe injury, pain and suffering to her. Mr. and Mrs. The Lovejoys are seeking damages for negligence, medical malpractice, battery, medical malpractice via agency and loss of consortium.
Case number: 09-C-2187

Nov. 25
Richard H. Pullen and Rebecca Pullen, his wife vs. 20th Century Glove Corporation, AirCo Welding Products, et al.
PA- David P. Chervenick, Bruce E. Mattock, Lee W. Davis, Scott S. Segal; J- visiting judge
* Mr. Pullen was diagnosed with asbestosis and mesothelioma. According to the suit, Mr. Pullen was exposed to asbestos and other harmful ingredients contained in products manufactured, supplied and/or sold by the 66 defendants named in the complaint. The Pullens are seeking damages above the court's jurisdictional minimum.
Case number: 09-C-2189

Larry Dangerfield II vs. Worldwide Equipment, Inc. and Robert Moore
PA- Larry E. Losch; J- Jennifer Bailey
* Dangerfield purchased a 2007 W-900L Kenworth with a Cummins 565 ISX engine from Worldwide Equipment in April 2006. Dangerfield claims the truck had a 500,000 mile warranty on all major components. According to the suit, the engine of the truck seized under normal operation with only 190,408 miles on it and the defendant failed to repair the engine or stand behind the warranty. Moore is the manager of Worldwide Equipment and Dangerfield claims he is the one who made the decision not to honor the warranty. Dangerfield is seeking compensatory damages.
Case number: 09-C-2190

Robert Hall vs. Bistro Management, Inc. d/b/a TGI Friday's
PA- William H. Harding; J- Paul Zakaib Jr.
* On July 21, 2008, Hall was a customer at TGI Friday's in Cross Lanes when he slipped and fell on a slippery area in the restroom. Hall claims Bistro Management had a duty to keep and maintain its restaurants and premises in a reasonably safe condition and in not doing so, violated this duty. Hall is seeking compensatory and punitive damages.
Case number: 09-C-2194

Nov. 30
State of West Virginia by Russell L. Fry, Acting Executive Director of Workforce West Virginia Unemployment Compensation Division vs. Lou Hutch Rails, Inc., a West Virginia corporation
PA- Mary Blaine McLaughlin, Russell L. Fry; J- Irene C. Berger
* Fry claims Lou Hutch Rails knowingly and intentionally disregarded its obligations to the Unemployment Compensation Division and the State. According to the suit, since July 1, 1997, the defendant has failed to timely file its gross payroll report required by W.Va. Code on at least 29 occasions. Fry claims the company owes a total of $12,092.58 for unemployment compensation taxes, penalties and accrued interest. The State is seeking a preliminary injunction enjoining the defendant from continuing to carry on business, from obtaining a license or permit to do business in West Virginia and a permanent injunction prohibiting the company from carrying on business.
Case number: 09-C-2208

Dec. 1
Anzie J. Brewer vs. Coal River Energy, LLC, and Richard Robinette
PA- Mark L. French, Matthew S. Criswell; J- Charles E. King
* Brewer was employed by Coal River Energy. On Dec. 14, 2007, Brewer was operating a buggy with inoperative seatbelts, that hit a large bump and he hit his head on the metal canopy part of the buggy. On the same day, Brewer's co-worker was injured when his foot was pinned against a concrete block by a faulty airlock door. Brewer provided a statement for his co-worker's injuries, but was allegedly approached by Robinette to change the statement. Brewer's employment was terminated Jan. 2, 2008, he claims in retaliation for refusing to change his statement. He is seeking back pay, front pay, compensatory damages, all out-of-pocked loses and punitive damages.
Case number: 09-C-2213