WEST VIRGINIA RECORD

May 3
Brendan Doneghy vs. TRG Customer Solutions Inc.
PA- pro se; J- Paul Zakaib Jr.
* Doneghy was employed by the defendant from Dec. 14, 2009, until April 22. He claims on April 23 he contacted TRG and was promised that his full wages would be mailed to his address but he has still not received his wages. Doneghy claims TRG is in violation of the West Virginia Wage Payment and Collection Act. He is seeking unpaid wages in full, statutory liquidated damages and accrued vacation pay.
Case number: 10-C-809

Keren Davis, executrix of the Estate of James P. Davis vs. 3M Company, A.W. Chesterton Company, Ashland Oil, et al.
PA- John E. Sutter; J- visiting judge
* Mrs. Davis claims the 48 defendants are responsible for Mr. Davis' lung cancer and death. Mr. Davis was diagnosed with lung cancer on October 11, 2006, and died June 1, 2009, according to the suit. Mrs. Davis is seeking a jury trial to resolve all issues involved in her asbestos-related case.
Case number: 10-C-812

Jason Skaggs vs. the Kroger Company/Kroger Limited Partnership I, an Ohio corporation
PA- Robert B. Warner, William B. Hicks; J- Charles King
* Skaggs was employed by the defendant as a stock person. On May 4, 2008, Skaggs was performing work in the loading dock area of the store when a pallet truck he was operating suddenly accelerated and sped toward him and struck him, according to the suit. Skaggs is seeking compensatory damages.
Case number: 10-C-813

Jarrell W. Mullins vs. Charleston Stamping & Manufacturing, Inc.; and John Wise
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III; J- Charles King
* Mullins was employed by Charleston Stamping & Manufacturing from Jan. 1, 1995, until April 9, 2008. Mullins claims he was discharged because of his age. He is seeking compensatory and punitive damages; back pay and employment benefits; and either reinstatement to former employment or front pay in lieu of reinstatement.
Case number: 10-C-814

May 4
Summer Dawn Ballard and Brandon Cawley vs. Fifth Third Bank and Federal Home Loan Mortgage Corporation
PA- Bren J. Pomponio, Daniel F. Hedges; J- Tod J. Kaufman
* In May 2009 Ballard and Cawley inquired about a loan modification and were accepted. In November 2009, Fifth Third Bank returned the plaintiffs' payment, so they resubmitted it. On Nov. 25, 2009, the plaintiffs claim Fifth Third said their payment would increase because of an escrow shortage, which was false. Ballard and Cawley claim that despite repeated attempts, the defendant refused to honor the loan modification agreement. They are seeking compensatory and punitive damages and civil penalties.
Case number: 10-C-816

John R. Jones and Shelby J. Jones vs. CitiFinancial, Inc., and CitiMortgage, Inc., d/b/a CitiFinancial Mortgage Company, Inc.
PA- Daniel F. Hedges, Bren J. Pomponio; J- Charles King
* Mr. and Mrs. Jones claim the defendants engaged in the predatory lending practice of "flipping." The Joneses claim they were induced into a series of loans that exceeded their ability to pay. They are seeking compensatory and punitive damages and civil penalties.
Case number: 10-C-819

May 5
Scott S. Segal vs. Taylor Made Fitness, Inc., a West Virginia corporation; and Michael L. Taylor
PA- Samuel A. Hrko; J- James C. Stucky
* In early 2009 Segal contacted Taylor Made Fitness to purchase exercise equipment. On May 4, 2009, Segal claims Taylor Made Fitness issued an invoice/sales receipt and on May 11, a check drawn on Segal's account in the amount of $6,878.20 was delivered to Taylor Made. On May 13, the check was posted as paid and Segal has contacted Taylor several times regarding delivery of the exercise equipment, but has not received the equipment, according to the suit. Segal is seeking contractual damages in the amount of $6,878.20, incidental damages, compensatory damages, punitive damages and civil penalties.
Case number: 10-C-827

Tracy Jividen vs. C.O. Rees, 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- Kerry A. Nessel; J- Jennifer Bailey
* Jividen claims that during her incarceration at the Lakin Correctional Center she was sexually assaulted, sexually harassed and sexually abused by Rees. She claims the West Virginia Division of Corrections and the unknown person or persons negligently allowed Rees' conduct. Jividen is seeking compensatory and punitive damages.
Case number: 10-C-830

Jillia Mays vs. C.O. David Francis, 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 De, unknown person or persons
PA- Kerry A. Nessel; J- Carrie Webster
* Mays claims that during her incarceration at the Lakin Correctional Center she was sexually assaulted, sexually harassed and sexually abused by Francis. She claims the West Virginia Division of Corrections and the unknown person or persons negligently allowed Francis' conduct. Mays is seeking compensatory and punitive damages.
Case number: 10-C-831

May 6
Christiana Shook vs. David Francis, individually and in his official capacity as an employee of the West Virginia Division of Corrections; C.O. Martin, individually and in his official capacity as an employee of the West Virginia Division of Corrections; the West Virginia Division of Corrections, an agency of the State of West Virginia; and John Doe, unknown person or persons
PA- Michael A. Woelfel; J- Louis Bloom
* Shook claims that during her incarceration at the Lakin Correctional Center she was sexually assaulted, sexually harassed and sexually abused by Martin and Francis. She claims the West Virginia Division of Corrections and the unknown person or persons negligently allowed Martin and Francis' conduct. Shook is seeking compensatory and punitive damages.
Case number: 10-C-833

Tracy Jividen vs. C.O. Anderson, individually and in her 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- Kerry A. Nessel; J- Carrie Webster
* Shook claims that during her incarceration at the Lakin Correctional Center she was sexually assaulted, sexually harassed and sexually abused by Anderson. She claims the West Virginia Division of Corrections and the unknown person or persons negligently allowed Anderson's conduct. Jividen is seeking compensatory and punitive damages.
Case number: 10-C-834

May 7
Wolfe Construction Company, Inc. vs. Eye & Ear Clinic of Charleston, Inc.; Eye & Ear Clinic Physicians, Inc.; CSH Joint Venture Group, LLC; T D Properties, LLC; and Christina Arvon
PA- Michael W. Carey, David R. Pogue; J- Louis Bloom
* Wolfe Construction contracted with the defendants to construct improvements and fully performed all work required, according to the suit. Wolfe Construction claims despite the fact that it fully performed the work, the defendants have refused to pay for the work. Wolfe Construction is seeking compensatory and punitive damages.
Case number: 10-C-845