CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Mar. 5, 2010, 1:30am

Feb. 18
Patricia E. Trogdon vs. West Virginia Division of Public Safety, and Trooper J. R. Brewer, in his capacity as a member of the West Virginia Police
PA- James B. Lees Jr.; J- Carrie Webster
* On July 16, 2008, Brewer entered the premises of an establishment owned by Trogdon to investigate the alleged sale of tobacco to underage youth, became angry with a store clerk and demanded to see the owner, according to the suit. Trogdon claims upon entering the premises, without any provocation on her part, was pushed against a wall, handcuffed, placed under arrest and was incarcerated overnight without being provided any paperwork advising the charges against her and later found she was being charged with obstructing an officer. She is seeking damages in an amount to be determined by a jury.
Case number: 10-C-304

Samantha White vs. The Buckle Inc. d/b/a "Buckle" and Dave Whitfield, both individually and as an agent or employee of the foregoing entities
PA- John Einreinhofer; J- Jennifer Bailey
* White was employed by the defendants from November 2008 until Jan. 16, 2010, and claims Whitfield subjected her and other co-workers to unwelcome, sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. She claims she was constructively discharged by the defendants "because of a bad attitude." She is seeking compensatory and punitive damages.
Case number: 10-C-314

Simona Southall vs. The Buckle Inc. d/b/a "Buckle" and Dave Whitfield, both individually and as an agent or employee of the foregoing entities
PA- John Einreinhofer; J- Paul Zakaib
* Southall was employed by the defendants from November 2007 until Dec. 10, 2009, and claims Whitfield subjected her and other co-workers to unwelcome, sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. She claims she was constructively discharged by the defendants "because of a bad attitude." She is seeking compensatory and punitive damages.
Case number: 10-C-315

Feb. 19
Fern E. Radford, as Executrix of the Estate of Barbara E. Farrish vs. Hilltop Health Care Center Inc. d/b/a Hilltop Center; Genesis Healthcare Corporation; and Mary Ferrell, individually
PA- Damon L. Ellis, Jonathan R. Mani; J- Carrie Webster
* Farrish was a long-term resident of Hilltop Center from May 10, 2006, until her death on June 24, 2008. Radford claims during Farrish's residency, the defendants failed to provide her with sufficient hydration, monitor her intake of fluids and notify her physician of significant changes in her condition. On June 8, 2008, Farrish was transported to Beckley Appalachian Region Hospital and was diagnosed with aspirational pneumonia. She died at the hospital. Radford is seeking compensatory and punitive damages for Farrish's wrongful death.
Case number: 10-C-325

Feb. 23
Tina M. Gump and Steven Gump 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
* Tina Gump's father worked at various places as a laborer, pot man and crane operator. Her asbestos exposure occurred while she was residing in her father's home by being exposed to asbestos-containing dust on her father's clothing, which he carried home on himself after work, according to the suit. Tina Gump now has asbestosis and mesothelioma. The Gumps are seeking a trial by jury to resolve all issues regarding the asbestos-related case.
Case number: 10-C-339

Clyde Rorrer Jr. and Jo Hanna Rorrer vs. Volkswagen Group of America Inc.
PA- John N. Ellem; J- Paul Zakaib
* The Rorrers purchased a 2008 Audi A6Q on Sept. 18, 2008, for $51,294. They claim they had previously owned a 2006 Audi A6Q that had repeated problems and were coaxed into a trade-in on the vehicle, which was to be free of defects and problems. The Rorrers claim they experienced repeated problems, including the engine misfiring, service engine indicator, electronic module, rough idle, no charge in the battery, car unable to start, smell of rich files in exhaust upon start and the engine control module. They are seeking revocation of acceptance of the vehicle and refund of purchase price, and damages for repair costs, loss of use, annoyance and inconvenience.
Case number: 10-C-344

Johnny Hilbert vs. Trooper Frye, individually and in his official capacity as a West Virginia State Police Trooper; Trooper Williams, individually and in his official capacity as a West Virginia State Police Trooper; Trooper Wellman, individually and in his official capacity as Superintendent of the West Virginia State Police; and the West Virginia State Police, a division of the State of West Virginia
PA- Mark L. French, Matthew S. Criswell; J- James Stucky
* Frye, Williams and Wellman began an investigation into alleged drug trafficking by Hilbert, according to the suit. Hilbert claims Frye would routinely follow him in his cruiser and on a separate occasion, entered his home and demanded to know where the drugs were hidden. While Hilbert was at the State Police barracks for questioning, he was hit by the defendants, according to the suit. Hilbert is seeking compensatory damages.
Case number: 10-C-345

Feb. 24
Darren R. Wilson, Executor of the Estate of Richard R. Wilson, deceased, and Darren R. Wilson and Derek R. Wilson, as Co-Executors of the Estate of Karen J. Wilson, deceased, his wife vs. Borg-Warner Morse Tec Inc.; Bridgestone/Firestone North American Tire; Crane Co.; Eaton Corporation; Ford Motor Company; Goodyear Tire and Rubber Company; Honeywell International, Inc.; Ingersoll-Rand Company; McCord Corporation; McCord Gasket Corporation; Nitro Industrial Coverings, Inc.; Ohio Valley Insulating Company; Textron, Inc.; UB West Virginia, Inc.; and Vimasco Corporation
PA- Aaron J. DeLuca; J- visiting judge
* Richard R. Wilson was diagnosed with malignant mesothelioma on Nov. 20, 2007, and died Feb. 28, 2008. The plaintiffs claim the defendants were negligent in failing to advise Richard R. Wilson of the dangerous characteristics of their asbestos and asbestos-related products, among other things. The plaintiffs are seeking compensatory and punitive damages.
Case number: 10-C-350

Marvin Estep, Executor of the Estate of Wilford Estep vs. A.W. Chesterton Company, Aurora Pump Company, Brand Insulations, et al.
PA- Thomas P. Maroney, Victoria Antion; J- visiting judge
* Marvin Estep claims the 78 defendants are responsible for Wilford Estep's lung cancer and death. Wilford Estep smoked one pack of cigarettes per day from 1945 until 1963, but quit, according to the suit. Marvin Estep is seeking a trial by jury to resolve all issues involved in the asbestos case.
Case number: 10-C-359

Reba Comer vs. Wal-mart Stores East Inc.
PA- Henry E. Wood III; J- Carrie Webster
* In Feb. 25, 2008, Comer walked from her car to the entrance of the Wal-mart to work when she slipped and fell on ice on the property, according to the suit. She claims she was wrongfully discharged April 14, 2008, as a result of her hip/back injury that occurred from slipping on the ice. She also claims on Feb. 25, 2008, her night supervisor advised her she could not file a Worker's Compensation claim because she had not yet clocked in for work that day. Comer is seeking compensatory damages.
Case number: 10-C-360

Nancy Susan Carr vs. Massey Energy Company; Massey Coal Services Inc.; Spartan Mining Company d/b/a Mammoth Coal Company; and Kyle Bane
PA- Harry F. Bell Jr., Jonathan W. Price; J- Charles King
* In June 2005 Carr began working for Massey. She claims the senior vice president groped her in May 2006 and she was transferred to the Mammoth Coal Company and claims she was then the victim of sex discrimination based on the existence of a hostile work environment while working at Mammoth. In April 2007, Carr obtained from a confidential source, a copy of an e-mail sent from Bane to Jeff Gillenwater, Massey's HR vice president, describing her as "nosey, dramatic, and [a] gossip." She claims other discriminatory events occurred during her employment as well. Carr is seeking compensatory and punitive damages.
Case number: 10-C-361

Feb. 25
Ashley Weaver vs. Billy Jack, individually and in his official capacity as a correctional officer of The West Virginia Division of Corrections; and the West Virginia Division of Corrections, an agency of the State of West Virginia; and John Doe, unknown person or persons
PA- Matthew J. Woelfel, Kerry A. Nessel; J- Charles King
* Weaver was incarcerated in the Anthony Correctional Center and claims from 2005 until 2009 she was sexually harassed, sexually abused and sexually assaulted by Jack. She is seeking compensatory and punitive damages.
Case number: 10-C-364

Jamison Linville vs. Cemex Inc., Rich Brown and John Does 1-5
PA- Wendle D. Cook; J- Jennifer Bailey
* On Feb. 26, 2009, Linville suffered a serious back injury and was wrongfully terminated from his employment with Cemex. Linville claims after he advised Brown that he had injured his back, Brown immediately terminated his employment. Linville is seeking compensatory and punitive damages.
Case number: 10-C-366

Dovenor E. Jarrell and Mary J. Jarrell vs. A.W. Chesterton Company, Ajax Magnethermic Corporation, AmChem Products, et al.
PA- Thomas P. Maroney, Victoria Antion; J- visiting judge
* The Jarrells claim the 97 defendants caused Mr. Jarrell's lung cancer. Mr. Jarrell claims he smoked cigarettes for 10 years, but quit in 1975. The defendants are negligent for contaminated buildings, breach of express/implied warranty, strict liability, international tort, conspiracy, misrepresentations and post sale duty to warn. The Jarrells are seeking a trial by jury to resolve all issues involved in their asbestos case.
Case number: 10-C-367

Alvin Harrah vs. the Hartford Financial Services Group Inc. d/b/a the Hartford
PA- Thomas A. Rist, Roger D. Forman; J- Louis Bloom
* Harrah purchased automobile insurance with the defendant and on Oct. 19, 2008, he was injured in a head-on car accident in Fayette County. He claims after requesting underinsured motorist policy limits from the defendant, they confirmed they were $20,000 per person and $40,000 per accident, but on Dec. 1, 2009, the defendant sent a letter claiming Harrah did not have underinsured coverage. Harrah is seeking compensatory and punitive damages.
Case number: 10-C-369

David L. Whitlock vs. Mary Alice Schmidt, individually and in her capacity as Administratrix of the Estate of Marie Phyllis Whitlock Bell
PA- John F. Hussell IV, Andrew L. Ellis; J- Tod J. Kaufman
* Bell died Feb. 25, 2008, and Schmidt was appointed as Administratrix of Bell's Estate. Whitlock claims while Bell was in poor health and limited in her capacity to handle personal and financial affairs, Schmidt induced her to convert personal assets into assets as joint tenants with the right of survivorship. He is seeking impressing a trust on funds in Bell's Estate, funds removed from the Estate and funds deposited; for Schmidt to deposit an amount of money equal to the value of the assets withdrawn or removed from Bell's Estate; and restraining Schmidt from withdrawing, transferring or dealing with personal assets.
Case number: 10-C-372

Feb. 26
Mary Jones vs. the West Virginia Association of Rehabilitation Facilities Inc.
PA- Cameron S. McKinney; J- Tod J. Kaufman
* Jones has worked for the defendant since October 2003 and claims she is the only minority employee of the defendant. During her employment, Jones claims she has experienced several instances of disparate treatment and hostility. She claims after filing a grievance in August 2008, the CEO informed her she was receiving an unsatisfactory performance evaluation. She claims she has not received a raise in more than two years. She is seeking for the court to enter a declaratory judgment declaring the defendant's acts in violation of the West Virginia Human Rights Act and compensatory and punitive damages.
Case number: 10-C-379

Kristy Walker vs. R.A.C., Inc. and Crystal Lilly
PA- John R. Mitchell; J- Jennifer Bailey
* On Feb. 26, 2008, a fire occurred at Walker's apartment when she was not home, according to the suit. Walker claims the investigation field report said the fire originated from the living room from discarded smoking materials. R.A.C. neglected its owed duty of care by not providing its tenants with operating smoke and fire detectors and adequate fire extinguishers, according to the suit. Walker is seeking compensatory damages no less than $20,000 for her personal property and damages for great mental anguish, loss of shelter, discomfort and peace of mind in the amount of $50,000.
Case number: 10-C-380

Dusty E. Perdue and Kenneth M. Perdue vs. the TJX Companies Inc. d/b/a T.J. Maxx
PA- Thomas P. Maroney; J- Carrie Webster
* On March 8, 2008, Dusty Perdue was injured on the defendant's premises when an overloaded rack of merchandise fell and struck her, according to the suit. She claims the defendant's employees recklessly, willfully, wantonly and negligently overloaded the metal rack with clothing and other merchandise. She and her husband are seeking compensatory damages in an amount less than $75,000.
Case number: 10-C-381

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