CIVIL FILINGS: Kanawha County

By Kyla Asbury | Feb 26, 2010

Feb. 12
Jordan Paul Spurlock, administrator of the Estate of Asher Spurlock, and Melinda Spurlock, individually vs. Charleston OB-GYN Associates PLLC
PA- William S. Druckman, Madonna C. Estep; J- Tod J. Kaufman
* Melinda Spurlock and Asher Spurlock were patients of the defendant. The Spurlocks claim the defendant was negligent in its care and treatment by failing to adequately diagnose and treat Mrs. Spurlock and/or failing to appropriately and timely deliver Asher Spurlock; failing to perform a caesarean section on Mrs. Spurlock to deliver Asher Spurlock; and failing to properly and adequately monitor the condition of Asher Spurlock. Asher died Feb. 21, 2009. The Spurlocks are seeking damages in an amount yet to be determined.
Case number: 10-C-269

Bridget A. McDonie, individually and as parent and guardian of Gabriel Cochran, an infant vs. Robin Land Company LLC
PA- Lee Javins II, D. Blake Carter Jr.; J- Jennifer Bailey
* On March 7, 2009, McDonie and Cochran, her daughter, were traveling westbound on Route 61 in McDonie's 2007 Mazda MX5 when a mature, rotten tree broke off at the stump and struck the top of the vehicle. Robin Land Company owed the land that the tree was on. McDonie claims the defendant owed a duty to exercise reasonable care to prevent an unreasonable risk of harm arising from the condition of the treats on the land. McDonie is seeking damages in an amount yet to be determined.
Case number: 10-C-271

Connie Davis vs. Mannon & Gray Co. L.P.A.
PA- Mark A. Atkinson, Paul L. Frampton Jr.; J- Tod J. Kaufman
* Davis was employed by the defendant for approximately one year and performed her duties in a satisfactory manner, according to the suit. Davis claims during her employment she raised concerns with the defendant's failure to pay her properly for overtime work. On Sept. 30, 2009, Davis' employment was terminated, and she claims her wages and benefits were not paid to her within 72 hours or the next regular payday. She is seeking compensatory and punitive damages for lost wages and benefits; back pay and front pay; indignity, embarrassment, humiliation, annoyance and inconvenience and loss of use of funds.
Case number: 10-C-272

Feb. 16
Melvin D. Hubbard and Brenda B. Hubbard, his wife vs. Speed Mining LLC and Patriot Coal Corporation
PA- Richard Neely, John D. Wooton, Christopher M. Davis; J- Paul Zakaib Jr.
* On Feb. 6, 2009, Mr. Hubbard was working as a mine electrician for the defendants at the American Eagle Mine in Kanawha County when he was injured while riding on a "tub" being used as a mantrip vehicle in a collision between the vehicle and another vehicle that was stopped and unattended on the same track. The Princewick couple is seeking damages in an amount to be determined by a jury.
Case number: 10-C-274

Tony Elswick s. American Suzuki Motor Corporation and Casto Motorcycle Sales
PA- David L. Grubb, Cameron S. McKinney; J- Charles King
* On July 17, 2009, Elswick entered into a purchase contract with Casto for a 2007 Suzuki SV1000, which was accompanied by a manufacturer's express warranty. Elswick claims the motorcycle has been returned to Casto at least four times for repairs. Elswick notified the defendants of his revocation of acceptance of the goods, but they have failed or refused to acknowledge this, according to the suit. Elswick is seeking that the contract be declared canceled, the court enter a declaratory judgment against the defendants and that he be awarded punitive and compensatory damages.
Case number: 10-C-276

Peter Schleider and Julie Schleider vs. General Motors LLC
PA- Michael L. Glasser; J- Carrie Webster
* On Sept. 1, 2006, the Schleiders purchased a new 2007 Chevrolet Suburban from C&O Motors, Inc., for $47,079.10. After they purchased the vehicle, they experienced repeated non-conformities with the new vehicle which substantially impaired the use and market value of the vehicle, according to the suit. The Schleiders said claim after a reasonable number of attempts, the manufacture did not conform the new vehicle to the warranty, nor replace it with a comparable new vehicle. They Schleiders are seeking revocation of acceptance and refund of the purchase price and damages for costs and repairs, loss of use, annoyance and inconvenience.
Case number: 10-C-282

Sarah Burdick and Barry Burdick, her husband vs. Charleston Area Medical Center Inc.
PA- Richard D. Lindsay; J- Tod J. Kaufman
* On Jan. 2, 2008, Mrs. Burdick was admitted the CAMC for gastric bypass surgery and claims during her subject admission and subsequent to her surgery, she fell at least three times and sustained bilateral ankle fractures. The Burdicks claim prior to being x-rayed, nursing staff directed Mrs. Burdick to get up and walk to the bathroom, where she fell again and hit her head. The Burdicks are seeking compensatory damages.
Case number: 10-C-284

James Woods Jr., as administrator of the Estate of James O. Woods, deceased vs. Alex Energy Inc. and Charleston Area Medical Center
PA- Tony L. O'Dell; J- Paul Zakaib Jr.
* On Sept. 19, 2008, Woods Sr. was working as an independent contractor at Alex Energy's Number 1 surface mine and operating a Caterpiller bulldozer on a slope with a grade of 36 percent in order to remove a high wall when the bulldozer rolled over, according to the suit. Woods Sr. was transported to Charleston Area Medical Center, where he remained until his death on Oct. 4, 2008. Woods Jr. claims during his father's admission nursing personnel and physicians failed to appropriately investigate, diagnose and treat Woods Sr. Woods Jr. is seeking compensatory damages.
Case number: 10-C-286

Feb. 17
Michelle Hoosier vs. Mercedes-Benz U.S. International Inc.
PA- D. Adrian Hoosier II; J- Carrie Webster
* In September 2008, Hoosier purchased a 2008 R350 Mercedes-Benz from Smith Company Motor Cars. She claims the vehicle required services on three or more occasions for problems with the battery and/or complications with electronics related to the battery. Hoosier is seeking damages for violation of West Virginia Code, annoyance and aggravation, breach of duty of good faith and fair dealing, costs of repairs, loss of use, and revocation of acceptance and refund of the purchase price of the vehicle.
Case number: 10-C-294

Feb. 18
Erin Casto vs. PJ's Preschool & Daycare Center and Hair Care LLC a/k/a PJ's Preschool and Daycare; Pamela Simpkins; and Roxanne Hanson
PA- Paul S. Perfater, Roger D. Forman; J- Jennifer Bailey
* Casto was employed by the defendants from Aug. 1, 2008, until Aug. 19, 2009. She claims Simpkins and Hanson related to her the reason for her termination was a parent of a child was threatening to file a lawsuit over a report the parent claims the plaintiff had made to child protective services. Casto claims her termination violates public policy, which mandates reporting child abuse and neglect. The defendants also failed to pay Casto her wages within 72 hours of termination, according to the suit. Casto is seeking lost wages and benefits, reinstatement, statutory damages and damages for humiliation, mental stress and inconvenience.
Case number: 10-C-313

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