WEST VIRGINIA RECORD

This Just In

Kanawha

April 15
Manville Personal Injury Settlement Trust, derivatively on behalf of Massey Energy Company vs. Don L. Blankenship; Baxter F. Phillips Jr.; Dan R. Moore; E. Gordon Gee; Richard M. Gabrys; James B. Crawford; Bobby R. Inman; Robert H. Foglesong; Stanley C. Suboleski; J. Christopher Adkins; Jeffrey M. Jarosinski; M. Shane Harvey; Mark A. Clemens; and Massey Energy Company, a Delaware corporation
PA- A. Andrew MacQueen, Joseph F. Rice, Anne McGinnis Kearse, Badge Humphries, William S. Norton, Josh C. Littlejohn, Victoria L. Antion; J- Charles King
* Manville Personal Injury Settlement Trust invests in Massey Energy Company. The trust claims there have been 124 mining citations and 53 assessed penalties in 2010. The trust claims the defendants failed to ensure that Massey complied with its legal obligations and requirements. They trust is seeking damages for the defendants' breaches of fiduciary duties.
Case number: 10-C-715

April 16
Pamela S. Massie and William D. Kautz, co-executors of the Estate of Dale M. Kautz vs. A.O. Smith Corporation, A.W. Chesterton Company, Baldor Electric Company, et al.
PA- Victoria Antion, Christopher Tenoglia; J- visiting judge
* The plaintiffs claim the 40 defendants are responsible for Dale M. Kautz's mesothelioma and death. Kautz was diagnosed May 1, 2008, and died June 24, 2008, according to the suit. The plaintiffs are seeking a jury trial to resolve all issues regarding their asbestos-related case.
Case number: 10-C-716

James W. Dowdy and Nancy L. Dowdy vs. 3M Company, A.W. Chesterton Company, Ajax Magnethermic Corporation, et al.
PA- Victoria Antion; J- visiting judge
* The Dowdys claim the 65 defendants are responsible for Mr. Dowdy's lung cancer. They claim Mr. Dowdy stopped smoking in 1968 and was diagnosed with lung cancer on Nov. 1, 2009. The Dowdys are seeking a jury trial to resolve all issues regarding their asbestos-related case.
Case number: 10-C-717

Dick T. Kitts vs. 3M Company, A.W. Chesterton Company, Aurora Pump Company, et al.
PA- Victoria Antion; J- visiting judge
* Kitts was diagnosed with lung cancer on March 18, 2009. He claims the 41 defendants were responsible for his cancer. He is seeking a jury trial to resolve all issues regarding his asbestos-related case.
Case number: 10-C-718

Ronald E. Estepp and Dolly Estepp vs. Freedom Homes (formally Luv Homes), Inc. d/b/a Clayton Homes, and Vanderbilt Mortgage and Finance, Inc.
PA – Jeffrey S. Simpkins; J- Louis Bloom
* On Dec. 31, 2008, the Estepps purchased a 2008 Clayton Manufactured Home for $104,913. They claim the mobile home was set up with footer, blocks and levels by LUV Mobile Homes in January 2009, but within seven days of set up and installation, the floors began to bow and cracks began to show in the top of the ceiling and in the crown molding, among other defects. The Estepps reported the problems, but the defendants did not repair the problems. The Estepps are seeking damages for the costs to repair the damages.
Case number: 10-C-719

Sandra Hershberger and David Mitchell, her husband vs. Ethicon Endo-Surgery, Inc., an Ohio corporation, a subsidiary of Johnson & Johnson, a New Jersey corporation
PA- Marvin W. Masters; J- Jennifer Bailey
* On Feb. 6, 2009, Hershberger underwent surgery to reconnect her colon following an internal colostomy and the use of an Ethicon Proximate ILS Intraluminal Circular Stapler was needed, according to the suit. During the course of the surgery, the Ethicon stapler malfunctioned and failed to discharge staples, resulting in perforation of the colon and necessitating further surgical and other medical treatment, according to the suit. The plaintiffs claim the defendants were negligent. Hershberger and Mitchell are seeking compensatory and punitive damages.
Case number: 10-C-724

Mark Velez vs. Critchfield Utilities, Inc., a West Virginia corporation
PA- Todd S. Bailess; J- Carrie Webster
* Velez was employed by the defendant from Mary 26 until April 5. He claims the defendant did not timely pay his employment wages owed in full for work performed. He is seeking compensatory and punitive damages.
Case number: 10-C-725

Jeffrey M. Davis vs. Rick Hearn, LLC, d/b/a R&J Specialized Transportation, and Transport Leasing Contract, Inc.
PA – Todd S. Bailess; J- Tod J. Kaufman
* Davis was employed by the defendant from Feb. 1 until Feb. 15 and claims he did not receive any employment wages until March 30. He is seeking compensatory and punitive damages.
Case number: 10-C-726

Sheena Sebastian vs. C.O. Jarvis, 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; J- Carrie Webster
* Sebastian was incarcerated in the Beckley Work Release Center and claims during her incarceration she was sexually assaulted, sexually harassed and sexually abused by Jarvis. She claims the unknown person and the West Virginia Division of Corrections allowed the conduct. The WVDOC owed a duty to Sebastian to provide a reasonably safe confinement facility and failed to do so. Sebastian is seeking compensatory and punitive damages.
Case number: 10-C-727

April 19
Benita C. Vaughn vs. Civic Center/Auditorium Board of the City of Charleston, Inc., a West Virginia corporation
PA- Travis E. Ellison III, John R. Mitchell Sr.; J- Jennifer Bailey
* On April 17, 2008, Vaughn was a business invitee at the defendant's premises and was attending a circus event held at the Charleston Civic Center. She claims she was making her way with her children to their seats when suddenly all the lights were turned out and it became completely dark. Vaughn said she did not move any further, but must have been on the edge of the stair because she fell, causing injury to her left foot and ankle, both hands and wrists and her back. She is seeking compensatory damages.
Case number: 10-C-736

Rhoda Mullins vs. Charleston Area Medical Center, Inc.
PA- Mark A. Atkinson; J- Charles King
* Mullins was employed by the defendant for approximately 35 years and claims that during her employment she consistently performed her duties in a satisfactory manner and met the reasonable expectations of the defendant. On Oct. 3, 2008, the defendant "willfully, maliciously and unlawfully terminated the plaintiff's employment," according to the suit. Mullins claims her employment was terminated because of her age and the defendant was in violation of the West Virginia Human Rights Act. Mullins is seeking compensatory and punitive damages.
Case number: 10-C-738

April 20
Michelle Falquero vs. West Virginia Department of Environmental Protection
PA- Thomas H. Peyton; J- Carrie Webster
* Falquero was employed by the defendant from Oct. 1, 2003, until June 13, 2008. She claims on multiple occasions she complained to the employer about harassment and discrimination by employees, but the complaints remained unresolved. She claims she was fired because of her age. She is seeking compensatory damages.
Case number: 10-C-742

Alan Rosenberger and Sandra Rosenberger vs. Wells Fargo, N.A., d/b/a Wells Fargo Home Mortgage, Inc., and Federal Home Loan Mortgage Corporation
PA- Kevin Baker, Sarah K. Brown; J- Louis Bloom
* The Rosenbergers purchased their home in 1994. They claim they struggled to make payments and reached out to Wells Fargo for assistance. In early 2009, Wells Fargo offered a loan modification and the Rosenbergers claim they had no choice by to accept the loan modification. The Rosenberger claim they struggled to make payments on the loan modification and in August or September 2009 the defendant telephoned them four to five times per day to demand payment. The plaintiffs are seeking actual damages and civil penalties.
Case number: 10-C-744

April 21
James T. Hubbard vs. American General Home Equity, Inc., a corporation; and American General Finance Management Corporation f/k/a American General Finance, Inc.
PA- Sara Bird, Daniel F. Hedges; J- Jennifer Bailey
* On Nov. 15, 2005, the defendants made a second mortgage loan for the amount of $34,000, which when added to the primary mortgage obligation, exceeded the actual value of Hubbard's home, according to the suit. Hubbard claims he did not receive papers prior to the closing of the loan and that the loan issued to him left him "worse off than he was before he obtained the loan and put him in danger of losing his home." Hubbard is seeking compensatory and punitive damages.
Case number: 10-C-745

Tifney Franks vs. Rusty Casto, individually and in his official capacity as Mayor and the City of Nitro
PA- pro se; J- Louis Bloom
* In September 2005, Franks was hired by Casto as the assistant to the treasurer and office manager for the City of Nitro. Franks claims during her employment she was routinely instructed by Casto to sign his name on checks and other instruments requiring a signature by the mayor. On May 13, 2009, Casto gave a phone interview claiming he never authorized Franks to sign his name and a Nitro police officer advised Casto should press charges for forgery, according to the suit. Franks claims this is untrue. She is seeking compensatory and punitive damages.
Case number: 10-C-750

April 22
Juan Morales vs. Mylan Pharmaceuticals, Inc., a West Virginia corporation; Mylan, Inc., a Pennsylvania corporation; ABC Corporation; XYZ Corporation; and John Does 1-5
PA- R. Edison Hill, C. Andrew Childers, M. Brandon Smith; J- Jennifer Bailey
* Morales was prescribed and ingested Dilantin and Phenytoin in April 2008. Morales claims he realized a rash on 80 percent of his body and was prescribed medication for the rash from his primary physician and sent home. On May 22, 2008, he sought treatment at Corpus Christi Medical Center and was admitted and treated for Stevens-Johnson Syndrome because of the Dilantin, according to the suit. Morales claims if he had known the risks and dangers of Dilantin and Phenytoin he would not have taken the medications. He claims the defendants knew of the dangers and failed to remedy the defects. Morales is seeking compensatory and punitive damages.
Case number: 10-C-753

Lonnie Elswick vs. Terraco, Inc., and Dickinson Fuel Company, Inc.
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III, G. Patrick Jacobs; J- Charles King
* Elswick was employed by the defendants from Jan. 1, 1988 until Aug. 27, 2009. He claims he was discharged from his employment because of his age. He is seeking compensatory and punitive damages and either reinstatement to his former employment or front pay in lieu of reinstatement.
Case number: 10-C-754

April 23
Cynthia Demetrelis vs. Petsmart, Inc.
PA- Kenneth P. Hicks, Roger L. Lambert; J- Carrie Webster
* On April 30, 2008, Demetrelis was a business invitee of the defendant when she ran into an empty display rack that had been placed in between her and the exit, stumbled and fell to the ground, according to the suit. Demetrelis claims the defendant owed a duty of care to its business invitees and was responsible for inspecting, maintaining and enduring a general safe place for customers to shop on its premises and failed to do so. Demetrelis is seeking compensatory damages.
Case number: 10-C-757