CIVIL FILINGS: Cabell County

By Kyla Asbury | Feb 26, 2010

Feb. 16
Teresa Topping vs. St. Mary's Medical Center Inc. and Jane Doe, an unknown employee of SMMC
PA- Timothy P. Rosinsky; J- F. Jane Hustead
* On March 12, 2008, while Toppings was exiting the hospital's hospitality shuttle bus, an unknown hospital resident pushed her right shoulder from behind, causing her left knee to hyperflex and fall to the ground, according to the suit. Toppings claims the ER doctor wrapped her knee with an ace bandage and gave her a prescription for Lortab. When her problems persisted, Toppings claims she saw her family doctor and saw several other physicians and attended physical therapy. She claims she incurred medical expenses of more than $9,600. She is seeking compensatory damages.
Case number: 10-C-0137

Mary Edwards, as Administratrix of the Estate of Jimmy Dean Edwards vs. Cabell Huntington Hospital Inc.; University Physicians and Surgeons, Inc. dba University Urological Associates; and James C. Jensen, M.D.
PA- Timothy L. Eves; J- F. Jane Hustead
* On Sept. 27, 2007, Mr. Edwards was taken to Logan General Hospital for a work-related injury. At that time, a large mass was discovered in the area of his left adrenal gland and kidney. Mr. Edwards was referred to Jensen for further evaluation. On Sept. 28, Jensen ordered laboratory work and decided to remove the tumor, according to the suit. Jensen canceled the surgery on Oct. 21 to allow more time for pre-surgery work-up and rescheduled. On Dec. 3 Cabell Huntington Hospital personnel confirmed the tumor was cancerous. Mr. Edwards died Dec. 12. Mrs. Edwards is seeking compensatory and punitive damages.
Case number: 10-C-0140

Feb. 17
Jason Whalen vs. MSG Properties II LLC & MSG Properties LLC dba Silver City; Bradley Gould; Catherine Green; Allied Realty Co. dba Allied Logistics; and Lake Polan III
PA- Timothy L. Eves; J- David M. Pancake
* On Feb. 17, 2008, Whalen was at Silver City and during the evening he and his girlfriend had a minor disagreement. Whalen claims Gould, a bouncer at the bar and Whalen's girlfriend's friend, began talking to her. Whalen claims when he approached his girlfriend to discuss the disagreement, Gould assumed he was jealous and they had a "brief, heated exchange of words." Whalen claims when he turned to walk away, Gould grabbed him and began the "bouncer choke hold," and was punched and beaten before being thrown out of the bar. Whalen is seeking compensatory and punitive damages.
Case number: 10-C-0145

Feb. 18
Pakie E. Bowen vs. Capitol One Auto Finance Inc. and Sentry Credit Inc.
PA- Josef A. Horter; J- F. Jane Hustead
* Bowen claims the defendants have engaged in repeated violations of the West Virginia Consumer Credit and Protection Act by causing her telephone to ring continuously, threatening her with arrest and criminal sanctions, making annoying and harassing calls to her mother and engaging in telephone conversations while using profane and obscene language. Bowen is seeking injunctive relief to prohibit the defendants from further contact and actual, statutory and punitive damages.
Case number: 10-C-0151

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