CIVIL FILINGS: Kanawha County

By Kyla Asbury | Apr 16, 2010

April 5
Lee Ann Gore vs. West Virginia-American Water Company
PA- John A. Kessler, David R. Pogue; J- Charles King
* On Sept. 14, 2008, the defendant hired Gore as an administrative assistant and she claims her work performance was satisfactory. In March 2009 she was told by her treating physician she might have multiple sclerosis, to which she informed the defendant. On April 20, she was informed that her position was eliminated, according to the suit. Gore claims she was dismissed because of her health problems. She is seeking compensatory and punitive damages.
Case number: 10-C-649

Wilma Garretson vs. RJ Recycling, LLC, an Ohio corporation; and Poor Charlie & Company, a West Virginia corporation
PA- John H. Skaggs and G. Patrick Jacobs; J- James C. Stucky
* The Glasgow woman lives near RJ Recycling and claims the defendant maintains piles of materials that cannot be recycled, are exposed to the environment and are not protected from air currents and water erosion. Poor Charlie & Company leases the property to RJ Recycling, according to the suit. Garretson claims the fallout pollution from RJ Recycling has caused her property damage and is a nuisance. She is seeking compensatory and punitive damages.
Case number: 10-C-651

April 6
Regina L. Jarrett, individually and d/b/a the Country Cottage Hair Salon vs. Appalachian Power Company and John Doe, employee of Appalachian Power Company
PA- James R. Akers; J- Louis Bloom
* The Elkview woman claims on Nov. 20, 2009, Doe was working on service lines at her business and negligently connected the service lines, which resulted in a service overload. As a result of the defendants' negligence, Jarrett suffered economic damages and annoyance and inconvenience, according to the suit. Jarrett is seeking compensatory damages.
Case number: 10-C-658

April 8
Sandra L. Sherod, individually vs. Consumer Direct Warranty Services and Great Atlantic Warranty, Inc.
PA- Anthony J. Majestro, James S. Nelson; J- Jennifer Bailey
* On Jan. 7, 2008, Sherod purchased a DirectChoice Automotive Warranty from the defendants for her vehicle. In July 2008 she claims she began having problems with the vehicle and took it for repairs. A claim was made on the warranty, but the defendants denied it and she was forced to pay for the water pump that cost several hundred dollars, according to the suit. Sherod claims the defendants' unfair and deceptive acts are in violation of West Virginia Code. She is seeking compensatory and punitive damages.
Case number: 10-C-668

Darryl Kunkel and Dianne C. Burkhart, his wife vs. A.O. Smith Corporation, in its own right and as successor-in-interest to the Clark Controller Company and A.O. Smith Corporation; A.W. Chesterton Company; Ajax Magnethermic Corporation; et al.
PA- Brian A. Prim; J- visiting judge
* The Pennsylvania couple claims the 89 defendants are responsible for Kunkel's mesothelioma, of which he was diagnosed Jan. 22. The defendants were negligent in that they produced, used, sold and otherwise put into the stream of interstate commerce, asbestos and asbestos-containing materials which they knew were deadly, poisonous and highly harmful, according to the suit. Kunkel and Burkhart are seeking compensatory and punitive damages.
Case number: 10-C-672

April 9
Mary F. Thompson, individually and as executrix of the Estate of William D. Thompson, deceased vs. CSX Transportation, Inc., individually and as successor-in-interest to Chesapeake & Ohio Railway Company
PA- James A. McKowen, John E. Guerry III; J- visiting judge
* The Kentucky woman claims that during her late husband's employment with the defendant, he was exposed to toxic substances, including asbestos, chemicals and diesel exhaust, which in whole or in part, caused him to develop lung cancer. Mr. Thompson was diagnosed with lung cancer on July 10, 2008. Mrs. Thompson claims the defendant failed to test asbestos-containing products prior to requiring employees to work with them. She is seeking damages for Mr. Thompson's wrongful death and personal injury.
Case number: 10-C-674

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