West Virginia Record

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THIS JUST IN: Kanawha County

By Kyla Asbury | Jan 22, 2010

Jan. 11
Joan Rogers vs. Darden Restaurants, Inc., a/k/a and/or d/b/a Olive Garden 1620
PA- B. Luke Styer; J- James C. Stucky
* On Jan. 12, 2008, Rogers was at the Olive Garden in Charleston when she slipped and fell, which caused her to cut her hand. She claims the defendant negligently inspected, serviced and/or maintained the premises of the restaurant. She is seeking compensatory damages.
Case number: 10-C-0056

Jan. 12
Bethany Richey vs. Wallpaper In Stock, Inc., a West Virginia corporation, and Clark A. Diehl, an individual
PA- David Grubb, Kristina Thomas Whiteaker; J- Tod J. Kaufman
* In January 2009 Richey was hired by the defendant as a sales associate. She claims Diehl, who is the owner of the company, subjected her to "pervasive, offensive and abusive behavior," by making inappropriate comments about sex, making sexual advances, touching her in an offensive manner and sending her offensive text messages on what she was told was her company phone, but later found out she was the only one with one. She resigned from her employment on Nov. 6, 2009. She is seeking lost wages, compensatory damages, punitive damages and additional economic losses.
Case number: 10-C-0057

Samantha Jones, Administratrix of the Estate of Jerry Jones vs. Patricia Harrison, Administratrix of the Estate of Brian Good, and Natasha Light
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III; J- Jennifer Bailey
* On Sept. 13, Mrs. Jones claims Good and Light negligently, carelessly and unlawfully led the police on a chase that ended in the death of Mr. Jones, who was a police officer. Mrs. Jones claims Good and Light's actions caused Mr. Jones pain and suffering, mental anguish and emotional distress associated with suffering a gunshot wound. She is seeking punitive and compensatory damages.
Case number: 10-C-0058

Jan. 14
Marilynn Mallory, Administratrix of the Estate of Joe Edward Mallory, deceased vs. West Virginia Department of Military Affairs and Public Safety, James W. Spears, West Virginia State Police, Colonel Timothy S. Pack, John Doe State Trooper, McDowell County Commission, McDowell County Sheriff's Department, John Doe McDowell County Deputy Sheriff, McDowell County 911, Jane Doe Dispatcher, Robert Wayne Johnson Sr., and Pat Johnson
PA- JB Akers; J- James C. Stucky
* On Jan. 20, 2008, Mr. Mallory made a 911 call from his home and requested police protection from Mr. Johnson. The dispatcher acknowledged hearing a man "banging and screaming" at Mr. Mallory's front door, according to the suit. The dispatcher called Mr. Mallory later that day because a trooper wanted more information. Marilynn Mallory claims after the dispatcher informed Mr. Mallory a trooper was not coming because Mr. Johnson had left, he said he was scared. Mr. Mallory was murdered that night, according to the suit. Marilynn Mallory is seeking compensatory and punitive damages.
Case number: 10-C-0072

Charles Ronald Miller and Nola A. Miller vs. A.K. Steel Corporation, A.W. Chesterton Company, Amdura Corporation, et al.
PA- Cindy J. Kiblinger, Victoria Antion; J- visiting judge
* Mr. Miller worked for the 53 defendants throughout his career and was diagnosed with lung cancer on Sept. 18, 2009. He claims he smoked one and one-half packs of cigarettes per day from the late 1960s until 1991. The Millers claim the defendants caused Mr. Miller's lung cancer. They are seeking for a trial by jury to resolve all issues concerning their asbestos-related case.
Case number: 10-C-0079

Jan. 15
Paul A. Mattox Jr., Commissioner, and West Virginia Department of Transportation, Division of Highways vs. Dominion Exploration & Production, Inc.
PA- C. Brian Matko
* On the week of Feb. 4, 2008, sections of County Route 6 in Lewis County started to experience major damage and slippage due to excavation and earth moving on property located downhill from County Route 6/Fink Road. The defendant undercut several feet of County Rout 6/Fink Road and removed the toe of the slope for the purposes of constructing an access road to a natural gas well site, causing Mattox and the WVDOT to incur damages and costs in the amount of $102,639.84, according to the suit. The plaintiffs are seeking damages in this amount, plus interest.
Case number: 10-C-0080

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