CIVIL FILINGS: Kanawha County

by Kyla Asbury |
May 21, 2010, 2:30am

May 7
Thomas Waters vs. Mike Rutherford, as sheriff of Kanawha County; Vera McCormick, as Clerk of the County Commission of Kanawha County; and Robert L. Grass Jr., and Donna Grass, husband and wife
PA- Joyce F. Ofsa, Molly B. White, Timothy D. Houston; J- Carrie Webster
* Waters and his mother purchased property in Charleston in 1998. Waters claims as a result of a delinquency of the 2007 real estate taxes, the property was sold by the sheriff at a tax sale to the Grasses. Waters claims he could have redeemed the property from the sheriff's department from the date of the tax sale until April 1, but never received notice of his right to redeem the property. He is seeking compensatory and punitive damages.
Case number: 10-C-853

May 12
Kathy Belcher vs. Flagstar Bank, F.S.B. and Larry Wood
PA- Daniel F. Hedges, Jennifer S. Wagner; J- Louis Bloom
* Belcher found a home she wanted to purchase in 2007 and was referred to Flagstar by her realtor. Belcher claims the loan application prepared by Wood misrepresented her income as well above her actual income, unbeknownst to her. In 2008, Belcher began struggling to make her regular monthly payments due to a divorce and contacted Flagstar about a loan modification, according to the suit. Belcher claims the defendant began foreclosure on her home and refused to process her requests for appropriate loss mitigation. She is seeking actual damages and appropriate equitable relief enjoining the foreclosure sale of the home.
Case number: 10-C-859

Craig D. Carter vs. NRMLSUB 1, LLC a/k/a Nova Record, LLC d/b/a Archive Services, a Delaware corporation; Nova Records Management, LLC, a Delaware corporation; and Cornerstone Records Management, LLC, a Colorado corporation
PA- Marvin W. Masters, Charles M. Love IV; J- Carrie Webster
* On Sept. 3, 2008, Carter was performing his job duties when he was moving crates from the lift/elevator and fell approximately one story onto the ground, causing temporary and permanent injuries to his body. Carter claims the defendants failed to provide a reasonably safe condition to its employees; created and/or permitted unsafe and hazardous conditions to exit concerning the lift/elevator; knew or should have known about such unsafe conditions or hazards; failed to reasonably and properly inspect and/or correct the unsafe conditions; and failed to warn employees of the hazards. Carter is seeking compensatory and punitive damages.
Case number: 10-C-863

Janet S. Sayers vs. Davol, Inc.; Bard Devices, Inc., a corporation; and C.R. Bard, Inc., a corporation
PA- Carl J. Roncaglione Jr.; J- Tod J. Kaufman
* On Oct. 5, 2004, Sayers underwent a ventral incisional hernia repair procedure at United Hospital Center in Harrison County, during with a Bard Composix Kugel Mesh Hernia Patch was implanted into her abdomen. Sayers claims she was unaware that the patch was defective and unreasonably unsafe and dangerous. She is seeking compensatory and punitive damages.
Case number: 10-C-865

May 14
Lena Lunsford 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- Paul Zakaib Jr.
* Lunsford was incarcerated in the Beckley Work Release Center and claims she was sexually assaulted, sexually harassed and sexually abused by Jarvis. She claims the WVDOC and Doe negligently allowed Jarvis' conduct. She is seeking compensatory and punitive damages.
Case number: 10-C-872

Matthew A. Myers, an individual vs. City National Bank, a national banking association
PA- Dana F. Eddy; J- Louis Bloom
* Myers was employed by the defendant from June 29, 2007, until Aug. 8, 2008, at the Southridge Center Wal-mart location. He claims he filed for bankruptcy on July 4, 2008, and on July 9, 2008, a copy of the order to commence withholding was mailed to City National Bank. Myers claims after the bank received and processed the order for garnishment of his wages, it abruptly terminated his employment. Myers is seeking compensatory and punitive damages.
Case number: 10-C-873

George A. Vaughan and Connie S. Vaughan vs. A.K. Steel Corporation, A.W. Chesterton Company, et al.
PA- Tomas P. Maroney, Victoria Antion; J- visiting judge
* The Vaughans claim the 74 defendants are responsible for Mr. Vaughan's lung cancer. Mr. Vaughan was diagnosed with lung cancer on Feb. 26. The Vaughans are seeking a jury trial to resolve all issues involved in their asbestos-related case.
Case number: 10-C-874




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