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WEST VIRGINIA RECORD

Thursday, March 28, 2024

THIS JUST IN: Kanawha County

Jan. 13
Jon L. Fox vs. Cabot Oil and Gas Corporation
PA- Jason A. Leasure, Matthew R. Oliver; J- Tod J. Kaufman
* In June 2008, the defendant developed a gas well on property owned by Fox. Fox claims the company destroyed trees and other flora on the property, diminished the value of the property and impaired his ability to use certain portions of the property. Cabot was notified Oct. 30, 2009, regarding the damage, but has not responded, according to the suit. Fox is seeking damages on an amount not to exceed $74,999.99.
Case number: 10-C-0069

Jan. 14
Danny R. Johnston and Marilou Johnston, his wife vs. 20th Century Glove Corporation, A.O. Smith Corporation, et al.
PA- David P. Chervenick, Bruce E. Mattock, Lee W. Davis, Scott S. Segal; J- visiting judge
* The Belmont, Ohio, couple is suing the 160 defendants for Mr. Johnston's asbestosis. They claim the defendants caused his asbestosis. The Johnstons are seeking a trial by jury to resolve all matters related to their asbestos-related case.
Case number: 10-C-0075

Robert F. Mayle Sr. and Dorothy V. Mayle, his wife vs. 20th Century Glove Corporation, A.O. Smith Corporation, et al.
PA- David P. Chervenick, Bruce E. Mattock, Lee W. Davis, Scott S. Segal; J- visiting judge
* The Mingo Junction, Ohio, couple is suing the 160 defendants for Mr. Mayle's asbestosis and lung cancer. They claim the defendants caused his asbestosis and lung cancer. The Mayles are seeking a trial by jury to resolve all matters related to their asbestos-related case.
Case number: 10-C-0076

Guelda M. Wigal, executrix of the Estate of John A. Wigal Sr., deceased vs. 20th Century Glove Corporation, A.O. Smith Corporation, et al.
PA- David P. Chervenick, Bruce E. Mattock, Lee W. Davis, Scott S. Segal; J- visiting judge
* The Belpre, Ohio, woman is suing the 160 defendants for late husband's asbestosis and mesothelioma. She claims the defendants caused her husband's asbestosis and mesothelioma. She is seeking a trial by jury to resolve all matters related to her asbestos-related case.
Case number: 10-C-0077

Jan. 15
Crystal L. Morris, executrix of the Estate of Stuart E. McQuain, deceased vs. CSX Transportation
PA- Robert F. Daley, Elizabeth Chiappetta; J- visiting judge
* Morris is McQuain's daughter. McQuain worked for CSX Transportation and died Aug. 11, 2008 of lung cancer. Morris claims her father was exposed to and caused to inhale asbestos fibers, fibrosis-inducing materials and carcinogenic materials while working for CSX. Morris is seeking a trial by jury to resolve all matters related to the case.
Case number: 10-C-0084

Pamela Geary, individually and as Administratrix of the Estate of Virgil Floyd Geary, deceased vs. CSX Transportation
PA- Robert F. Daley, Elizabeth Chiappetta; J- visiting judge
* Mrs. Geary is the widow of Mr. Geary. Mr. Geary worked for CSX Transportation and died Feb. 1, 2008, of lung cancer. Mrs. Geary claims her late husband was exposed to and caused to inhale asbestos fibers, fibrosis-inducing materials and carcinogenic materials while working for CSX. Mrs. Geary is seeking a trial by jury to resolve all matters related to the case.
Case number: 10-C-0085

Donna G. Barber vs. CSX Transportation, Inc.
PA- Robert F. Daley, Elizabeth Chiappetta; J- visiting judge
* Barber worked for CSX Transportation and claims she was exposed to and caused to inhale asbestos fibers, fibrosis-inducing materials and carcinogenic materials while working for the company. She claims this caused her asbestosis and lung cancer. Barber is seeking a trial by jury to resolve all matters related to her case.
Case number: 10-C-0086

Jan. 19
Robert L. Wood and Candice J. Wood vs. 3M Company, A.O. Smith Corporation et al.
PA- Victoria Antion, Anne McGinnes Kearse, J.D. McMullen; J- visiting judge
* The Woods are suing the 125 defendants for Mr. Wood's mesothelioma. Mr. Wood was diagnosed Dec. 14, 2009. He claims he smoked for six years in the 1960s, but quit. The Woods are seeking a trial by bury to resolve all matters related to their asbestos-related case.
Case number: 10-C-0091

John D. Kontra Sr. and Mary Ann Kontra vs. 3M Company, A.W. Chesterton Company, Inc., et al.
PA- Victoria Antion; J- visiting judge
* The Kontras are suing the 67 defendants for Mr. Kontra's lung cancer. Mr. Kontra was diagnosed July 23, 2009. He claims he smoked one and one-half packs per day from 1961 until 2006. The Kontras are seeking a trial by bury to resolve all matters related to their asbestos-related case.
Case number: 10-C-0093

Catherine Cunningham vs. ShoRest 1104, LLC
PA- Kevin Baker, Sarah K. Brown; J- Charles King
* Cunningham was employed by the defendant. On Dec. 10, 2008, Cunningham claims she slipped and fell near the salad bar on oil spilled the night before and not cleaned up. Due to the fact no one was available to cover her shift, she stayed and went to the emergency room after she completed her shift, according to the suit. Cunningham had surgery May 27, 2009. On Dec. 7, 2009, she was cleared to return to work. She claims the defendant will not let her return to her previous position as assistant manager. She is seeking compensatory and punitive damages.
Case number: 10-C-0096

Angelo Argento vs. Frederick Martinez, M.D.
PA- William S. Druckman, Madonna C. Estep; J- Carrie Webster
* Since January 2008, Argento has been a patient of Martinez. Argento claims Martinez was negligent in his care and as a result, he has suffered bodily injuries; physical pain and mental anguish; disfigurement and deformities; expenses for doctors, institutional care, hospital care, nursing care, medicine, equipment and related items of service; humiliation and embarrassment; and impairment of his capacity to enjoy life. He is seeking compensatory damages.
Case number: 10-C-0100

Bonnie Louella McCarty vs. Speedway SuperAmerica, LLC
PA- Michael J. Del Guidice; J- Paul Zakaib Jr.
* On Dec. 2, 2008, McCarty was shopping at the Speedway SuperAmerica in Point Pleasant and was returning to her car when she slipped on black ice in the parking lot. She claims the drain pipe where she fell had been leaking for some time and in need of repair. She is seeking compensatory damages.
Case number: 10-C-0102

Jan. 20
David L. McClure and Nancy A. McClure vs. A.W. Chesterton Company, Inc., Amchem Products, Inc., et al.
PA- William K. Schwartz; J- visiting judge
* The McClures claim the 63 defendants exposed Mr. McClure to asbestos materials. They claim the defendants manufactured, processed, converted, distributed, supplied and/or sold the products that contained asbestos materials that presented a substantial risk of harm to Mr. McClure. They are seeking a trial by jury to resolve all matters related to their case.
Case number: 10-C-0105

Billy R. Beckett and Helen J. Beckett vs. A.W. Chesterton Company, Inc., Amchem Products, Inc., et al.
PA- William K. Schwartz; J- visiting judge
* The Becketts claim the 63 defendants exposed Mr. Beckett to asbestos materials. They claim the defendants manufactured, processed, converted, distributed, supplied and/or sold the products that contained asbestos materials that presented a substantial risk of harm to Mr. Beckett. They are seeking a trial by jury to resolve all matters related to their case.
Case number: 10-C-0106

Rodney K. Fox vs. Jonathan M. Zuniga, M.D., and Kidney Associates, PLLC
PA- pro se; J- Charles E. King
* In September 2002, Fox sought medical care and treatment from the defendants. He was seen by the defendants approximately 20 times between September 2002 and January 2008. Fox claims because of continuing unresolved medical issues, he was examined by another physician in January 2008 and was diagnosed with cancer of the bladder on Feb. 7, 2008. Fox claims the defendants failed to properly diagnose his cancer. He is seeking damages in an amount to be determined by a jury.
Case number: 10-C-0109

Joyce A. Johnson vs. West Virginia Gynecologic Oncology Associates, PLLC, a West Virginia corporation, and Michael A. Schiano, M.D.
PA- Marvin W. Masters, Charles M. Love IV; J- Jennifer Bailey
* On Nov. 26, 2007, the defendants "deviated from the applicable standard of care and were negligent and/or grossly negligent" in regard to their care of Johnson, according to the suit. Johnson claims Schiano failed to verify and/or document the dosage administered using correct formulas and references; failed to follow and/or document guidelines regarding assessment and documentation of care; and failed to review and/or document side effects and potential complications. Johnson claims she endured great physical and mental pain and suffering. She is seeking compensatory and punitive damages.
Case number: 10-C-0113

Jan. 22
Mark Brooks vs. the City of Charleston
PA- Michael T. Clifford; J- Carrie Webster
* Brooks claims on Oct. 14, 2009, police officers unlawfully detained him and caused him to be the subject of a warrantless and illegal search and confiscated in excess of $11,835 in cash from him. Brooks claims he suffered embarrassment and humiliation, sustained a loss of his civil rights, and loss of his money for more than two months. He is seeking for his money to be returned to him.
Case number: 10-C-0124

Juanita Eads vs. Kroger Group Cooperative, Inc.
PA- Christopher T. Pritt; J- Tod J. Kaufman
* On Oct. 31, 2008, Eads claims she was walking along the front of the business when her toe got caught in a metal plate that was bolted to the sidewalk where railing had been removed. She tripped and fell due to the dangerous condition on Kroger's property, according to the suit. Eads is seeking compensatory and punitive damages.
Case number: 10-C-0127

Christina Lynn McGrew, as Administratrix of the Estate of Kara McGrew vs. Greenbrier Emergency Services, Inc., a West Virginia corporation; Robert L. Andras, M.D., individually and as employee and agent of Greenbrier Emergency Services, Inc.; Keith I. Adams, M.D., individually and as employee and agent of Greenbrier Emergency Services, Inc.
PA- William M. Tiano; J- Charles E. King
* On May 23, 2008, Kara McGrew presented to the emergency department at Thomas Memorial Hospital. McGrew was one-month postpartum with complaints of stabbing chest pain, shortness of breath and an elevated heart rate and respiratory rate. Andras diagnosed she was suffering from a urinary tract infection and discharged her. She returned two days later with shortness of breath, nausea and vomiting. Adams diagnosed her with postpartum cardiomyopathy and transferred her to Cleveland Clinic. She died July 26, 2008. Christina McGrew claims the defendants were negligent caring for Kara McGrew. She is seeking compensatory and punitive damages for Kara McGrew's wrongful death.
Case number: 10-C-0129

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