CIVIL FILINGS: Cabell County

by Kyla Asbury |
May 14, 2010, 2:20am

May 3
Frederick Management Company, LLC, a West Virginia limited liability corporation vs. David Comer
PA- John H. Hankins; J- David M. Pancake
* Comer occupied and stored personal property under an agreement with the prior owner of property now owned by Frederick Management Company. In March 2003, the plaintiff notified Comer that the monthly rent for the property would be $2,000 per month and on June 17, 2004, Comer was notified of past due rent and given one month's notice to vacate premises, according to the suit. The plaintiff claims Comer has wrongfully occupied the property and has not paid rent for 72 months. Frederick is seeking judgment in the amount of $144,000 plus pre- and post-judgment interest and immediate possession of the property.
Case number: 10-C-352

Steelworks Production Systems, Inc. vs. Consolidated Distributing, LLC, and/or its predecessors/successors in interest; and Hector Curtis, an individual
PA- Richard W. Weston; J- David M. Pancake
* Steelworks is the holder of a promissory note and, by reason of default in payment of the note, has declared debt due. Steelworks claims Curtis converted funds for his personal use. It is seeking judgment in the amount of $30,000 plus interest at the rate of 2 percent per annum and adjusted upon default to 16 percent per annum on Jan. 31, 2008.
Case number: 10-C-355

Nola J. Byers and Rev. Robert L. Byers, he husband vs. Marshall University Board of Governors, a statutorily created governing body
PA- Robert V. Berthold Jr., Robert V. Berthold III; J- David M. Pancake
* On Feb. 14, 2008, Mrs. Byers underwent an anterior cervical discectomy performed by employees of the defendant. During the procedure, Mrs. Byers sustained a severe laceration and transection of her right vertebral artery, which required a significant blood transfusion and the surgery was interrupted in an attempt to control the bleeding, according to the suit. Mrs. Byers claims she was discharged the next day without any attempt to properly repair the right vertebral artery in an effort to obtain a patent artery after the laceration. The Byerses are seeking compensatory damages.
Case number: 10-C-356

May 5
Wayne H. Friday vs. City of Huntington and Huntington Sanitary Board
PA- Paul E. Biser; J- F. Jane Hustead
* Friday has worked for the defendants as a mechanical maintenance mechanic since 2000. In September 2008 and December 2009, Friday applied twice for a treatment plant foreman position with Huntington Sanitary Board, but both times the position was given to a white male, according to the suit. Friday claims he was more qualified than the white males and was discriminated against. He is seeking back pay, front pay and benefits; compensatory and punitive damages; and equitable and/or injunctive relief ordering the defendants to promote him to treatment plant foreman.
Case number: 10-C-357

May 7
Barbara Dials vs. Synthes, Inc., a corporation; and Cabell Huntington Hospital, Inc., a corporation
PA- Douglas Witten, Donald C. Wandling, Robert B. Kuenzel; J- David M. Pancake
* On May 9, 2008, Dials fell in her home and suffered injuries to both arms. On May 10, 2008, Dials underwent surgery by Dr. Douglas Tice, who implanted plates with screws manufactured by Synthes in both elbows, according to the suit. Dials claims she underwent additional surgery on June 27 to remove the broken Synthes plate in her left elbow and implant a new one. She claims the first plate and screws were defective and were not reasonably safe. She is seeking compensatory damages.
Case number: 10-C-362

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