CIVIL FILINGS: Kanawha County

By Kyla Asbury | Mar 26, 2010

March 5
Weight Watchers of West Virginia, Inc., a West Virginia corporation vs. David Stoffel, individually and d/b/a Wye Oak Technology; Michael Monaco, individually and d/b/a 3 States Consulting
PA- Mary R. Weintraub; J- Tod J. Kaufman
* Weight Watchers and the defendants entered into a contract under which the defendants agreed to redesign the tally sheet and associated software, create a password protected secure system, design an online support system, provide webmaster administration, provide training to Weight Watchers employees and design a business model design by Jan. 1, 2007, according to the suit. Weight Watchers claims the defendants failed to provide the agreed upon goods and services and are seeking compensatory and punitive damages.
Case number: 10-C-421

March 12
Paul Yeager vs. Handi Man Car Wash Inc. and Tammy Ray
PA- Richard J. Lindroth; J- James C. Stucky
* On Jan. 3, 2009, Yeager took his vehicle to the Handi Man Car Wash and paid $13 to have it washed. Yeager claims after he exited the car wash bay, he noticed his vehicle was still dirty and asked the employees to stop drying it. Ray, the manager of the car wash, instructed the employees to continue drying the vehicle, despite Yeager's request, according to the suit. Ray informed Yeager "if he wanted his car clean, he should have paid for a detail job, not a wash job," according to the suit. Yeager is seeking compensatory and punitive damages.
Case number: 10-C-476

March 15
Rhonda Thornton-Burrell, executrix of the Estate of Charles Lilly, deceased vs. Bondex International, Inc.; Borg Warner Morse Tec, Inc.; Certainteed Corporation et al.
PA- James M. Barber, Mary H. Keyes; J- visiting judge
* Thornton-Burrell claims her late step-father was diagnosed with a pleural-based adencarcinoma of the lung in March 2009 and died in January 2010. She claims the 14 defendants are responsible for Lilly's asbestos-related disease and death because of asbestos products he came in contact with while working for the defendants. Thornton-Burrell is seeking general, special, punitive and exemplary damages.
Case number: 10-C-492

Helen R. White vs. Home Depot U.S.A. Inc.
PA- Shannon M. Bland; J- Paul Zakaib Jr.
* On March 16, 2008, White was a customer at the defendant's South Charleston store when she claims merchandise fell from a self above her when she was reaching for it. White claims the defendants negligently placed and maintained the merchandise on the shelf in a matter that allowed it to become unstable. She is seeking compensatory damages.
Case number: 10-C-499

March 16
David L. Leo vs. Beam Team, Inc., a Georgia corporation, and Home Depot U.S.A., Inc., a Delaware corporation
PA- J. Kristofer Cormany; J- Louis Bloom
* Leo was employed by the defendant. He claims on April 1, 2008, he was required to climb upon a second level of product shelves to remove a display when the wood decking and beam shelf supports gave way, causing him to fall to the ground. Leo claims he sustained physical pain and suffering; mental anguish and suffering; permanent physical impairment; loss of capacity to enjoy life; medical expenses; annoyance and inconvenience; and lost wages and future earning capacity. The defendants were failed to provide a reasonably safe workplace for Leo, according to the suit. Leo is seeking compensatory and punitive damages.
Case number: 10-C-502

March 17
Raymond D. McCormick II vs. City of Dunbar, West Virginia, and Raymond O. Conley
PA- Mark W. Carbone; J- Tod J. Kaufman
* On March 25, 2009, McCormick was pulled over by Conley, a police officer. McCormick claims he was fully cooperating when Conley physically grabbed him, forcibly threw him against the vehicle and put him in the back of the police car. McCormick claims he immediately complained of severe pain in his chest and requested medical treatment, but Conley ignored the request. Approximately one week later, McCormick was diagnosed with a rib contusion at Charleston Area Medical Center. McCormick claims the defendants were negligent and reckless. McCormick is seeking damages in an amount to be determined by a jury.
Case number: 10-C-512

Beverly Ann Mullins vs. John W. Clark Oil Company Inc. and Clark's Pump 'N' Stop Inc., foreign companies
PA- Kendal E. Partlow, John C. Blair; J- James C. Stucky
* Mullins began working for the defendants in August 2000 as an assistant manager. Mullins claims after a performance review by on Jan. 31, 2005, she was recommended for another pay increase, but at some point in May 2005, her job title was changed to cashier. On March 15, 2008, she claims she fell over a "wet floor" sign while working and was injured. On March 18, 2008, Mullins delivered her work excuse from the hospital to her manager and was then handed a termination report form, according to the suit. Mullins is seeking compensatory and punitive damages.
Case number: 10-C-515

March 18
Debra L. Leslie and Fred C. Leslie vs. Allcare Dental Management, LLC, and Dr. Amy Tongsiri
PA- Mark W. Carbone; J- James C. Stucky
* Mrs. Leslie was employed by the defendants from May 29, 2007, until March 31, 2009. The Leslies claim Mrs. Leslie and other employees heard Tongsiri say on numerous occasions that she wanted to hire younger girls with little or no experience who would work for less money. During a medical absence, Mrs. Leslie learned Tongsiri had told other employees she wanted to replace her with a younger employee, according to the suit, and on March 31, 2009, Mrs. Leslie was discharged from her employment. The Leslies claim she was discharged from her employment because of her age. They are seeking compensatory and punitive damages.
Case number: 10-C-513

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