CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Mar. 19, 2010, 2:30am

Feb. 9
Michael Breeden vs. Jim Rubenstein, Commissioner of W.Va. Division of Corrections; Evelyn Seifert, Warden of Northern Correctional Facility; Dr. Karl Hoffman, President of Prime Care Medical, Inc.; Cecilia Janiszewski, Medical Director of Prime Care Medical at Northern Correctional Facility; Dr. Neil Marshall, Eye Doctor for Prime Care at Northern; Prime Care Medical Inc. of West Virginia; all others to be later named; individually and in their official capacities
PA- pro se; J- Jennifer Bailey
* Breeden is an inmate at Northern Correctional Facility. On Sept. 26, 2008, Breeden fell down a flight of steps. Breeden claims he was having trouble with his eyes since the fall and after waiting several months, was able to see Dr. Neil Marshall. He was then referred to Dr. Lee Wiley and was diagnosed with carcinoma. Breeden claims Wiley prescribed medicate salve for his eye and on May 1, 2009, when he attempted to receive the salve before bedtime, he was told he did not need it. On May 3, he claims the same nurse refused to put eye drops in his eye. He is seeking compensatory and punitive damages.
Case number: 10-C-240

Feb. 16
Robin R. Spencer vs. West Virginia Media Holdings, LLC d/b/a WOWK-TV
PA- Michael T. Clifford; J- Tod J. Kaufman
* Spencer was employed by the defendant as a photographer in its news division and claims at no time during his employment was he offered training in digital photography or arrange his schedule so he could be available for such training. He claims on Feb. 17, 2009, he was wrongfully terminated from his employment. He is seeking compensatory and punitive damages and all wage and benefit losses.
Case number: 10-C-283

Melvin Poore vs. West Virginia State University
PA- Michael A. Olivio; J- Jennifer Bailey
* Poore was employed by the defendant as a shipping and receiving assistant. He claims he was subjected to repeated and ongoing discriminatory practices from his superiors based on his age and race and lodged a complaint with the West Virginia Human Rights Commission as a result of the discrimination. Poore claims he was given a promotion and raise, but after acceptance, the defendant refused to pay to the rate of compensation. Poore claims he was wrongfully terminated from his employment for initiating complaints of breach of contract. He is seeking compensatory and punitive damages.
Case number: 10-C-287

Feb. 19
Timothy W. Comer vs. E&G Inc. d/b/a Ramada Inn; C.A. Crowder, a city police officer; South Charleston, a municipal corporation; J.D. Matheny; CPS Basford; two unknown police officers
PA- Belinda S. Morton; J- Jennifer Bailey
* On Feb. 22, 2008, Crowder and other unknown officers "without probable cause, confronted the plaintiff at defendant Ramada Inn...and viciously battered him with their fists and foreign objects, all of which was without provocation and without resistance whatsoever," according to the suit. Comer claims the defendants violated his constitutional rights and their actions were done in bad faith, were malicious and in violation of clearly established law. He is seeking compensatory damages.
Case number: 10-C-324

Feb. 22
Boards of Education of the Counties of: Barbour, Berkeley, Boone, Braxton, Brooke, Cabell, Calhoun, Clay, Doddridge, Fayette, Gilmer, Greenbrier, Hampshire, Hancock, Hardy, Harrison, Jackson, Jefferson, Kanawha, Lewis, Lincoln, Logan, Marion, Marshall, Mason, McDowell, Mercer, Mineral, Monongalia, Monroe, Morgan, Nicholas, Pendleton, Pleasants, Pocahontas, Putnam, Raleigh, Randolph, Ritchie, Roane, Summers, Taylor, Tucker, Tyler, Upshur, Webster, Wetzel, Wirt, Wood and Wyoming vs. Public Employees Insurance Agency, Public Employees Insurance Agency Finance Board, and West Virginia State Auditor
PA- Andrew G. Fusco, Howard E. Seufer, Jill E. Hall, Gregory W. Bailey; J- Tod J. Kaufman
* The plaintiffs claim they should not be obligated to contribute more to the West Virginia Retiree Health Benefit Trust Fund that he amount of funding they receive from the state to take care of the costs. The plaintiffs claim previously, OPEB was operated on a pay-as-you-go basis, which meant organizations paid an amount to fund current retirees for the current year, but now OPEB will be treated much like pensions. The counties claim they cannot pay the total OPEB liability. They are seeking for declaration that the requirements of West Virginia Code be revised to provide funding for the total OPEB liability.
Case number: 10-C-327

Tracy W. Wolfingbarger vs. Sgt. Elza, Edgar L. Lawson, John L. King II, Terry L. Miller, and the West Virginia Regional Jail and Correctional Facility Authority, each individually and in their official capacities
PA- pro se; J- Tod J. Kaufman
* Wolfingbarger was incarcerated at Potomac Highlands Regional Jail and claims on May 12, 2008, he was punched in the face by an inmate and taken to the medical unit. On May 25, Wolfingbarger claims he was watching television when he was attacked by another inmate, after which he was taken to the medical unit again. Wolfingbarger claims he had requested being moved to another unit three days prior to the incident, but was told there was nowhere else to go, but after the incident, he was reassigned to another unit. Wolfingbarger claims the defendants failed to protect him from assault and violated his civil rights. He is seeking compensatory and punitive damages.
Case number: 10-C-329

March 5
Dan Hull vs. West Virginia Department of Agriculture
PA- Mark A. Atkinson, Paul L. Frampton Jr.; J- James C. Stucky
* Hull was employed by the defendant and claims when he expressed an opinion regarding a governmental policy and that he was involved in an effort to amend the policy, his employment was terminated. He is seeking compensatory damages.
Case number: 10-C-425

March 8
Noel Doromal, M.D. vs. Thomas Memorial Hospital and Comprehensive Surgical Associates
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III; J- Charles King
* Doromal claims he was in a private practice when recruited to work as a general surgeon at Thomas Memorial Hospital. He claims he signed a contract with Delphi Healthcare Partners, Inc., for the sole purpose of working for Thomas Memorial Hospital. After working for the defendant for four years, he claims his contract was not renewed and he was "replaced with younger, less experienced surgeons." He is seeking compensatory and punitive damages.
Case number: 10-C-434

Michael R. Moles Jr. vs. Edgewood County Club, a West Virginia corporation
PA- John R. Mitchell Sr.; J- Tod J. Kaufman
* Moles was employed by the defendant. He claims on March 10, 2008, he received a call from the general manager informing him "his position as office assistant had been dissolved" and other employees would pick up the position's responsibilities. Moles requested documentation stating his position had been terminated so he could collect unemployment, but the general manager denied the requested documentation and informed him if he applied for unemployment benefits she would "fight it," according to the suit. Moles claims two days later he saw an ad in the newspaper for his position he was told was being eliminated. He is seeking compensatory damages.
Case number: 10-C-439

March 10
David McNeely vs. Gilbert-PLC Lumber, LP, a West Virginia limited partnership; Cabin Creek Lumber Co., LLC, a West Virginia limited liability company; and Art Broiler, a West Virginia resident, individually and as an agent of the foregoing entity
PA- Matthew S. Criswell, Mark L. French; J- Paul Zakaib Jr.
* McNeely was employed by Gilbert-PLC Lumber and Cabin Creek Lumber and was discriminated against by Boiler as a result of filing a workers' compensation claim and because of a known disability. He claims he employment was terminated in retaliation for requesting reasonable accommodation for the disability. He is seeking compensatory and punitive damages.
Case number: 10-C-455

Donna Ferrell, a West Virginia resident vs. John Eye Big Sandy Super Store, Inc., a West Virginia corporation; Big Sandy Furniture, Inc., a Kentucky corporation; and Ron Bowling, a West Virginia resident, individually and as an agent of the foregoing entities
PA- Matthew S. Criswell, Mark L. French; J- James C. Stucky
* In 2003 Ferrell began working for the defendant as a sales associate and in 2004 Bowling began a course of conduct of sexually harassing her. Ferrell claims in 2005 Bowling took her out back to show her a mattress that had been returned and while outside, he pulled out a marijuana cigarette and offered it to her. Ferrell refused and went back inside the store, according to the suit. She claims she complained about Bowling's behavior, but that nothing was done about it, so she resigned her position in 2009. She is seeking compensatory and punitive damages.
Case number: 10-C-457

Charles Wayne Mickles vs. Cranberry Lumber Company, a West Virginia corporation
PA- L. Lee Javins II, D. Blake Carter Jr., Stephen P. New; J- Carrie Webster
* On May 18, 2009, Mickles was summoned by his supervisor to cut portions of a tree top which had been placed on a skid road by the dozer operator earlier in the work shift. "Because of the manner in which the tree was situated on the skid road, the tree presented a serious risk of danger by virtue of its placement on the ground due to the presence of numerous limbs that were under pressure due to the weight of the tree," according to the suit. Mickles was injured while cutting the tree. He is seeking compensatory damages.
Case number: 10-C-458

March 11
C. Patrick Carracher vs. Yuri Ellis and Clerac, LLC d/b/a Enterprise Rent-a-Car Company
PA- Brent K. Kesner, Tanya M. Kesner; J- Charles King
* On Oct. 30, 2008, Carracher rented a vehicle from Clerac at its Mansfield, Ohio, location for the purpose of traveling to Charleston. While operating the vehicle, he was involved in an accident when his vehicle collided with a motorized wheelchair operated by Ellis. Carracher claims Clerac declined to afford coverage to Carracher for his claims against him by Ellis. He is seeking declaratory judgment against Clerac, claiming they are obligated to provide primary coverage.
Case number: 10-C-459

James Green, and his wife, Bonnie Green vs. S&S Firestone, Inc. d/b/a S&S Tire, a Kentucky corporation, and Scott Bailey, an individual
PA- Guy R. Bucci, Mark A. Barney; J- Jennifer Bailey
* Mr. Green was employed by S&S Firestone as an off-road tire specialist, driver and general laborer. Prior to July 18, 2009, the seal on the booster for the hydraulic oil cylinder of his work vehicle was leaking and resulted in oil leaking out and coating the floor mat, making it slippery, according to the suit. Mr. Green claims he reported the unsafe condition to the defendants. On July 18, 2009, Mr. Green slipped on the oil and fell onto his back on the pavement where the truck was parked, according to the suit. The Greens claim the defendants intentionally exposed Mr. Green to the hazard. They are seeking compensatory damages.
Case number: 10-C-462

David Claudio and Robin Claudio, husband and wife vs. E.F. Clark and Son Builders LLC, a West Virginia limited liability company
PA- J. Timothy DiPiero, Robert M. Bastress, Gregory Chiartas; J- Paul Zakaib Jr.
* On July 15, 2004, the Claudios entered into a contract with the defendant to build a home on property in Charleston. In April 2009, a landslide began to occur in the Claudios' backyard and has progressively gotten worse. They claim the landslide was caused by the defendant's improper placement of fill, failure to compact the fill with proper compaction equipment and inadequate surface and subsurface drainage. The Claudios are seeking compensatory damages.
Case number: 10-C-466

March 12
John Donohoe vs. Air Products and Chemicals, Inc., a Delaware corporation; and Joe Wright, individually and as an agency and employee of Air Products and Chemicals, Inc.
PA- William M. Tiano; J- Jennifer Bailey
* Donohoe worked for the defendant and on Sept. 23, 2009, his employment was terminated. He claims the reason given for his termination was that he argued with another driver about improper refueling of a tractor or trailer. He claims his employment was terminated in retaliation for his own complaints relating to the safety of tractors and trailers. He is seeking reinstatement to his former position and compensatory and punitive damages.
Case number: 10-C-478

Scott Whorton vs. Workhorse Custom Chassis, a foreign corporation
PA- David L. Grubb, Cameron S. McKinney; J- Charles King
* Whorton claims the defendant sold a new motor vehicle that did not conform to the manufacturer's express warranties. He claims as a result of the defendant's unlawful, unfair, unconscionable, deceptive, reckless, willful and negligent actions, he suffered monetary loss, emotional and mental distress, aggravation, anxiety, loss of use and annoyance and inconvenience. He is seeking revocation of the acceptance of the vehicle, and compensatory and punitive damages.
Case number: 10-C-479

Frederick L. Null vs. BJ Services Company, USA; Phil Urlacker, operations supervisor; and James Edwards, district manager
PA- Mary M. Downey; J- Charles King
* Null was employed by BJ Services as a driver/truck operator. In August 2007 Null claims he injured his shoulder and was out of work on workers' compensation for a number of weeks. In June 2008 he claims he received a verbal counseling for two alleged seat belt infractions and one cell phone infraction. On April 24, 2009, he claims he took a note from his physician to Phil Urlacher indicating he needed to be off for four to nine months for a further operation on his shoulder. Null left to begin his shift and claims about one hour later his employment was terminated. He is seeking compensatory and punitive damages.
Case number: 10-C-480

Sheila K. Bailes vs. Riad S. Al-Asbahi, M.D., and Kanawha Valley Radiologist, Inc.
PA- Michael J. Del Giudice; J- Carrie Webster
* In 2002 or 2003, Bailes began having physical problems and was being treated by her family physician. On May 16, 2003, a CT scan was performed on her abdomen and Al-Asbahi indentified a lesion on her left kidney, but misreported it on the radiology report as being on her right kidney, according to the suit. An ultrasound was ordered on the right kidney, instead of the left, and when Al-Asbahi reviewed the ultrasound, he reported there was no lesion, according to the suit. Bailes claims in addition to misreporting the original CT finding, Al-Asbahi failed to review the original CT scan again to determine what had happened to the lesion and failed to request the ultrasound be done again. Bailes is seeking compensatory and punitive damages.
Case number: 10-C-481

March 15
Sarah Roseberry vs. C.O. Napier, individually and in his official capacity as a correctional officer of the Western Regional Jail; the West Virginia Regional Jail and Correctional Facility Authority, a corporate body and governmental instrumentality; and John Doe, unknown person or persons
PA- Matthew J. Woelfel; J- Jennifer Bailey
* Roseberry claims while being incarcerated in the Western Regional Jail she was sexually harassed, abused and assaulted by C.O. Napier. She claims the defendants disregarded her rights and caused her to suffer anxiety humiliation; annoyance and inconvenience; invasion of privacy; emotional distress; pain and suffering; mental anguish; loss of her ability to enjoy life; future medical and pharmaceutical expenses; and other damages. She is seeking compensatory and punitive damages.
Case number: 10-C-484

Candina Daniels vs. C.O. Napier, individually and in his official capacity as a correctional officer of the Western Regional Jail; the West Virginia Regional Jail and Correctional Facility Authority, a corporate body and governmental instrumentality; and John Doe, unknown person or persons
PA- Matthew J. Woelfel; J- Tod J. Kaufman
* Daniels claims while being incarcerated in the Western Regional Jail she was sexually harassed, abused and assaulted by C.O. Napier. She claims the defendants disregarded her rights and caused her to suffer anxiety humiliation; annoyance and inconvenience; invasion of privacy; emotional distress; pain and suffering; mental anguish; loss of her ability to enjoy life; future medical and pharmaceutical expenses; and other damages. She is seeking compensatory and punitive damages.
Case number: 10-C-486

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