THIS JUST IN: Kanawha County

by Kyla Asbury |
Jan. 15, 2010, 1:30am

Jan. 5
Thuhuong Nguyen vs. Timothy Humphrey, John C. Musgrave, individually and in his capacity as Director of the West Virginia Lottery Commission; the West Virginia Lottery; Commission Colonel T.S. Pack, individually and in his capacity as Superintendent of the West Virginia State Police; and the West Virginia State Police
PA- Michael O. Callaghan; J- Charles E. King
* On Aug. 22, 2009, Nguyen was playing blackjack at several different tables with at Tri-State Racetrack & Gaming. At approximately 9 p.m. she claims one of the blackjack dealers was replaced by Derek Maple. Sometime after 9 p.m., Nguyen claims she was unlawfully arrested by State Trooper R.L. Walton and was incarcerated overnight at South Central Regional Jail. The next day Walton filed a felony criminal complaint against her, which was dismissed Aug. 31. On Sept. 2 Nguyen was banned from Tri-State Racetrack & Gaming. She is seeking compensatory and punitive damages.
Case number: 10-C-10

Jan. 6
Jessica Legg vs. Billy Jack, individually and in his official capacity as a correctional officer of the West Virginia Division of Corrections, and the West Virginia Division of Corrections, an agency of the State of West Virginia; and John Doe, unknown person or persons
PA- Matthew J. Woelfel; J- Carrie Webster
* Legg was incarcerated in Anthony Correctional Center and claims while incarcerated she was sexually harassed, sexually abused and sexual assaulted by Jack. She is seeking compensatory and punitive damages.
Case number: 10-C-12

Charles D. Thomas vs. Boyd's Family Home Medical and Jeffrey A. Boyd
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III; J- Charles E. King
* Thomas claims he was discharged from his employment at Boyd's Family Home Medical after two years because of his age. He is seeking compensatory and punitive damages and back pay and employment benefits, along with an award of either reinstatement or for front pay in lieu of reinstatement.
Case number: 10-C-30

Jan. 7
Steve Courts vs. Augusta Engineering & Design, Inc., a West Virginia corporation, and Edward Schaefer, an individual
PA- Kristina Thomas Whiteaker, David L. Grubb; J- Jennifer Bailey
* Courts claims the defendants failed to pay wages to him and also engaged in fraudulent and otherwise unlawful conduct. He claims the defendants breached their contract in which they agreed to repay him for expenses incurred for his work duties. He is seeking to be awarded damages for unpaid wages and liquidated damages.
Case number: 10-C-40

Paul Perry vs. Augusta Engineering & Design, Inc., a West Virginia corporation, and Edward Schaefer, an individual
PA- Kristina Thomas Whiteaker, David L. Grubb; J- Carrie Webster
* Perry claims the defendants failed to pay wages to him and also engaged in fraudulent and otherwise unlawful conduct. He claims the defendants unlawfully converted a portion of his wages which was supposed to be withheld from his paycheck to deposit to his retirement account. He is seeking to be awarded damages for unpaid wages and retirement contributions and liquidated damages.
Case number: 10-C-41

Thomas B. Putney vs. Augusta Engineering & Design, Inc., a West Virginia corporation, and Edward Schaefer, an individual
PA- Kristina Thomas Whiteaker, David L. Grubb; J- Paul Zakaib Jr.
* Putney claims the defendants failed to pay wages to him and also engaged in fraudulent and otherwise unlawful conduct. He claims the defendants unlawfully converted a portion of his wages which was supposed to be withheld from his paycheck to deposit to his retirement account. He is seeking to be awarded damages for unpaid wages and retirement contributions and liquidated damages.
Case number: 10-C-42

Rita Rowe, Administratrix of the Estate of Tonya Lea Keene a/k/a Tonya Lea Johnston, deceased vs. Charleston Treatment Center, LLC, a West Virginia Corporation
PA- John R. Mitchell; J- Jennifer Bailey
* On Sept. 6, 2007, Keene was admitted to Logan Regional Medical Center for an outpatient cholecystectomy. She was release the same day after her post-operative condition was stabilized. According to the suit, Keene's surgery had complications including gallstones and bile in her abdomen, which created painful peritonitis. Keene was found dead in her home three days later, on Sept. 9, 2007 and an autopsy revealed methadone intoxication as the cause of death. Rowe claims the defendants provided Keene with excessive amounts of opioids. She is seeking compensatory damages.
Case number: 10-C-43

Aloysius Gallagher and Maureen Gallagher, his wife vs. George V. Hamilton, Inc.; I.U. North America, Inc.; the Gage Company, et al.
PA- Craig E. Coleman; J- visiting judge
* Mr. Gallagher claims he worked for the 40 companies listed in the complaint and on March 1, 2009, was advised he was suffering from malignant mesothelioma. He claims the defendants are liable to him and his wife for being generally negligent in failing to provide a safe product. The Gallaghers are seeking actual and punitive damages.
Case number: 10-C-47

Brenda Lyons vs. Verizon Services Corp., Verizon West Virginia, Inc., Charles Kennedy and Dru Field
PA- Lonnie C. Simmons, Robert M. Bastress III; J- Carrie Webster
* Lyons was hired at Verizon in 2000. After a car accident in 2006, in which she suffered multiple broken bones in her right leg, heel and ankle, she was confined to a wheelchair. She claims after returning to work on Jan. 22, 2007, the defendants began a pattern of conduct in which they were "clearly trying to harass plaintiff and/or create false reason to fire her." She claims she was terminated Sept. 5, 2008, based on her disability, while she remained confined to a wheelchair. She is seeking compensatory and punitive damages.
Case number: 10-C-49

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