CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Feb. 19, 2010, 1:30am

Feb. 9
Suzanne Sadat vs. Delta Air Lines Inc. and Adam Travel Services Inc.
PA- Anthony J. Majestro; J- Tod J. Kaufman
* Sadat purchased airplane tickets from Adam Travel Services for herself and her three children. On June 10, 2008, Sadat arrived at Yeager Airport for the flight, which was to leave at 6:50 a.m. Delta had a problem printing boarding passes and at 6:30 a.m., Sadat was advised to contact Adam Travel Services. Sadat was unable to fly out of the airport until the next day. She claims she was required to spend a night in a hotel in Charleston, and then again in Paris, France. Sadat is seeking compensatory and punitive damages.
Case number: 10-C-244

Patricia White and Harry L. White vs. Ntelos Inc., Telecheck Services Inc. and TRS Recovery Services Inc.
PA- Anthony J. Majestro, James S. Nelson
* In March 2009, the Whites paid their Ntelos cell phone bill with a check written on their account with Pioneer Federal Credit Union. The Whites claims on March 26, 2009, the check was posted to their account and $160 was withdrawn. The Whites claim they contacted Telecheck have two checks had been denied and discovered Ntelos presented the same check for payment a second time without their authorization. The Whites are seeking compensatory and punitive damages.
Case number: 10-C-245

Feb. 10
Paul Sutherland vs. Putnam County Board of Education, the West Virginia Board of Education, the West Virginia Education Association, and the American Federation of Teachers
PA- Richard E. Holtzapfel; J- James C. Stucky
* Sutherland was employed by the defendants as the Winfield High School girl's basketball coach from 2000 until 2008, but had never been employed as a teacher. His coaching contract was not renewed for the 2008-2009 season because a teacher at the school bid on the position. Sutherland claims West Virginia law does not allow the defendants to consider his coaching qualifications, tenure and coaching success in the hiring process, just that he is not a teacher. Sutherland is seeking for WVSSAC Rule 127-3 be declared unconstitutional and that an injunction be entered ordering the defendant to reinstate him to his former position.
Case number: 10-C-247

Hugo T. Alexander and Leigh Alexander, his wife vs. 20th Century Glove Corporation, A.O. Smith Corporation, Ajax Magnethermic Corporation, et al.
PA- David P. Chervenick, Bruce E. Mattock, Lee W. Davis, Scott S. Segal; J- visiting judge
* The Mingo County couple claims during Mr. Alexander's employment with the 170 defendants, he was exposed to asbestos dust, which caused his asbestosis and lung cancer. The Alexanders claim they have suffered damages for medical treatment, drugs and other unknown remedial medical measures; great pain of the body and mind; embarrassment and inconvenience; loss of earning capacity; loss of enjoyment of life; and shortening of life expectancy. The Alexanders are seeking a jury trial to resolve all issues regarding their asbestos-related case.
Case number: 10-C-250

Charles G. Artmeier vs. 20th Century Glove Corporation, A.O. Smith Corporation, Ajax Magnethermic Corporation, et al.
PA- David P. Chervenick, Bruce E. Mattock, Lee W. Davis, Scott S. Segal; J- visiting judge
* The Martinsville man claims during his's employment with the 170 defendants, he was exposed to asbestos dust, which caused his asbestosis and lung cancer. Artmeier claims he has suffered damages for medical treatment, drugs and other unknown remedial medical measures; great pain of the body and mind; embarrassment and inconvenience; loss of earning capacity; loss of enjoyment of life; and shortening of life expectancy. He is seeking a jury trial to resolve all issues regarding his asbestos-related case.
Case number: 10-C-251

Ruben B. Birkhimer and Tammi L. Birkhimer, his wife vs. 20th Century Glove Corporation, A.O. Smith Corporation, Ajax Magnethermic Corporation, et al.
PA- David P. Chervenick, Bruce E. Mattock, Lee W. Davis, Scott S. Segal; J- visiting judge
* The Fruitland Park, Fla., couple claims during Mr. Birkhimer's employment with the 170 defendants, he was exposed to asbestos dust, which caused his asbestosis and laryngeal cancer. The Birkhimers claim they have suffered damages for medical treatment, drugs and other unknown remedial medical measures; great pain of the body and mind; embarrassment and inconvenience; loss of earning capacity; loss of enjoyment of life; and shortening of life expectancy. The Birkhimers are seeking a jury trial to resolve all issues regarding their asbestos-related case.
Case number: 10-C-252

Ester R. Coen, Executrix of the Estate of James E. Coen, deceased vs. 20th Century Glove Corporation, A.O. Smith Corporation, Ajax Magnethermic Corporation, et al.
PA- David P. Chervenick, Bruce E. Mattock, Lee W. Davis, Scott S. Segal; J- visiting judge
* The Pine Grove woman claims during her late husband's employment with the 170 defendants, he was exposed to asbestos dust, which caused his asbestosis and lung cancer. Mrs. Coen claims she and her late husband suffered damages for medical treatment, drugs and other unknown remedial medical measures; great pain of the body and mind; embarrassment and inconvenience; loss of earning capacity; loss of enjoyment of life; and shortening of life expectancy. Mrs. Coen is seeking a jury trial to resolve all issues regarding the asbestos-related case.
Case number: 10-C-253

Kimberly Goodwin, Administratrix of the Estate of Kenneth W. Goodwin, deceased vs. 20th Century Glove Corporation, A.O. Smith Corporation, Ajax Magnethermic Corporation, et al.
PA- David P. Chervenick, Bruce E. Mattock, Lee W. Davis, Scott S. Segal; J- visiting judge
* The Kennedy Township, Pa., woman claims during her late husband's employment with the 170 defendants, he was exposed to asbestos dust, which caused his asbestosis and lung cancer. Mrs. Goodwin claims she and her late husband suffered damages for medical treatment, drugs and other unknown remedial medical measures; great pain of the body and mind; embarrassment and inconvenience; loss of earning capacity; loss of enjoyment of life; and shortening of life expectancy. Mrs. Goodwin is seeking a jury trial to resolve all issues regarding the asbestos-related case.
Case number: 10-C-254

Terry J. Holland and Kay L. Holland, his wife vs. 20th Century Glove Corporation, A.O. Smith Corporation, Ajax Magnethermic Corporation, et al.
PA- David P. Chervenick, Bruce E. Mattock, Lee W. Davis, Scott S. Segal; J- visiting judge
* The Edgewater, Fla., couple claims during Mr. Holland's employment with the 170 defendants, he was exposed to asbestos dust, which caused his asbestosis. The Hollands claim they have suffered damages for medical treatment, drugs and other unknown remedial medical measures; great pain of the body and mind; embarrassment and inconvenience; loss of earning capacity; loss of enjoyment of life; and shortening of life expectancy. The Hollands are seeking a jury trial to resolve all issues regarding their asbestos-related case.
Case number: 10-C-0255

Philip B. Indovina Sr. and Maryann Indovina, his wife vs. 20th Century Glove Corporation, A.O. Smith Corporation, Ajax Magnethermic Corporation, et al.
PA- David P. Chervenick, Bruce E. Mattock, Lee W. Davis, Scott S. Segal; J- visiting judge
* The Ft. Myers, Fla., couple claims during Mr. Indovina's employment with the 170 defendants, he was exposed to asbestos dust, which caused his asbestosis and lung cancer. The Indovinas claim they have suffered damages for medical treatment, drugs and other unknown remedial medical measures; great pain of the body and mind; embarrassment and inconvenience; loss of earning capacity; loss of enjoyment of life; and shortening of life expectancy. The Indovinas are seeking a jury trial to resolve all issues regarding their asbestos-related case.
Case number: 10-C-0256

Charles E. Neitzelt and Lois L. Neitzelt, his wife vs. 20th Century Glove Corporation, A.O. Smith Corporation, Ajax Magnethermic Corporation, et al.
PA- David P. Chervenick, Bruce E. Mattock, Lee W. Davis, Scott S. Segal; J- visiting judge
* The Wheeling couple claims during Mr. Neitzelt's employment with the 170 defendants, he was exposed to asbestos dust, which caused his asbestosis and lung cancer. The Neitzelts claim they have suffered damages for medical treatment, drugs and other unknown remedial medical measures; great pain of the body and mind; embarrassment and inconvenience; loss of earning capacity; loss of enjoyment of life; and shortening of life expectancy. The Neitzelts are seeking a jury trial to resolve all issues regarding their asbestos-related case.
Case number: 10-C-0257

Wilbur L. Richardson and Nancy J. Richardson, his wife vs. 20th Century Glove Corporation, A.O. Smith Corporation, Ajax Magnethermic Corporation, et al.
PA- David P. Chervenick, Bruce E. Mattock, Lee W. Davis, Scott S. Segal; J- visiting judge
* The Bellaire, Ohio, couple claims during Mr. Richardson's employment with the 170 defendants, he was exposed to asbestos dust, which caused his asbestosis and lung cancer. The Richardsons claim they have suffered damages for medical treatment, drugs and other unknown remedial medical measures; great pain of the body and mind; embarrassment and inconvenience; loss of earning capacity; loss of enjoyment of life; and shortening of life expectancy. The Richardsons are seeking a jury trial to resolve all issues regarding their asbestos-related case.
Case number: 10-C-0258

Lester I. Walker and Beverly A. Walker, his wife vs. 20th Century Glove Corporation, A.O. Smith Corporation, Ajax Magnethermic Corporation, et al.
PA- David P. Chervenick, Bruce E. Mattock, Lee W. Davis, Scott S. Segal; J- visiting judge
* The Girard, Ohio, couple claims during Mr. Walker's employment with the 170 defendants, he was exposed to asbestos dust, which caused his asbestosis. The Walkers claim they have suffered damages for medical treatment, drugs and other unknown remedial medical measures; great pain of the body and mind; embarrassment and inconvenience; loss of earning capacity; loss of enjoyment of life; and shortening of life expectancy. The Walkers are seeking a jury trial to resolve all issues regarding their asbestos-related case.
Case number: 10-C-0259

John E. Weaver and Ethel M. Weaver, his wife vs. 20th Century Glove Corporation, A.O. Smith Corporation, Ajax Magnethermic Corporation, et al.
PA- David P. Chervenick, Bruce E. Mattock, Lee W. Davis, Scott S. Segal; J- visiting judge
* The Follansbee couple claims during Mr. Weaver's employment with the 170 defendants, he was exposed to asbestos dust, which caused his asbestosis and mesothelioma. The Weavers claim they have suffered damages for medical treatment, drugs and other unknown remedial medical measures; great pain of the body and mind; embarrassment and inconvenience; loss of earning capacity; loss of enjoyment of life; and shortening of life expectancy. The Weavers are seeking a jury trial to resolve all issues regarding their asbestos-related case.
Case number: 10-C-260

Philip C. Johnson vs. Central Van & Storage of Charleston Inc. and Lowe's Home Centers Inc.
PA- Brent K. Kesner, Daniel W. Greear, Kevin C. Harris, Eric J. Holmes; J- Charles King
* Johnson was an employee of Central Van & Storage and on May 15, 2008 was assigned to deliver appliances to Lowe's. Johnson claims Central Van & Storage had double-stacked washing machines in the delivery truck, which the packages indicate they should not be for safety reasons. Johnson requested assistance in unloading the packages and claims he specifically warned the Lowe's employees not to push the dolly forward after it had been balanced. Johnson claims the defendants pushed him into a one-half inch gap between the truck and loading plate, causing the washing machine to fall forward, striking him. He is seeking compensatory damages.
Case number: 10-C-263

Brian J. Panetta vs. Chesapeake Energy Corporation and Chesapeake Appalachia LLC
PA- Marvin W. Masters, Charles M. Love IV; J- Louis Bloom
* In 2009 Chesapeake Energy offered certain employees the option of keeping their jobs by moving to Oklahoma, or losing their jobs and accepting a severance package. Panetta claims Chesapeake Energy was to buy his home, which was included in the relocation contract. The defendants informed Panetta they would not buy his house after he entered into the relocation contract, breaching the contract of employment with him, according to the suit. Panetta lost the offer of relocation and the severance package. He is seeking compensatory and punitive damages.
Case number: 10-C-264

Feb. 11
Phyllis J. Dunbar and Thomas E. Hard, her husband vs. Kanawha Home Hardware Inc.
PA- Charles Phalen; J- Charles King
* On Feb. 11, 2008, Mrs. Dunbar was a business invitee of the defendant and was leaving the premises when she tripped on the steps leading from the checkout counter to the exit of the store. She is seeking compensatory damages.
Case number: 10-C-266

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