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WEST VIRGINIA RECORD

Thursday, March 28, 2024

CIVIL FILINGS: Kanawha County

May 14
John Wheeler Estep Jr. vs. A.W. Chesterton Company; Ashland Oil, Inc.; Aurora Pump Company et al.
PA- Cindy J. Kiblinger, Victoria Antion; J- visiting judge
* The Catlettsburg, Ky., man claims the 56 defendants are responsible for his lung cancer, of which he was diagnosed on Oct. 30, 2009. Estep claims he smoked one pack of cigarettes from 1957 until 2009, but has since quit. He is seeking a jury trial to resolve all issues involved in the case.
Case number: 10-C-877

Doris Hunt, executrix of the Estate of George F. Hunt vs. 3M Company, A.W. Chesterton Company, Aurora Pump Company et al.
PA- Victoria Antion, James A. McKowen; J- visiting judge
* Mrs. Hunt claims the 60 defendants are responsible for her late husband's mesothelioma and death. Mr. Hunt was diagnosed with mesothelioma on Sept. 29, 2009, and died Feb. 19, according to the suit. Mrs. Hunt claims her husband smoked one-half or less of a pack of cigarettes per day from 1946 until 1953, but then quit. She is seeking for a jury trial to resolve all issues involved in the case.
Case number: 10-C-878

Shirley Guy Chancey and Louise Dale Chancey vs. 3M Company, A.W. Chesterton Company, Aurora Pump Company et al.
PA- Victoria Antion, Lawrence J. Tweel; J- visiting judge
* The Poca couple claims the 48 are responsible for Mr. Chancey's lung cancer. Mr. Chancey was diagnosed with lung cancer on Aug. 19, 2009. The couple claims he smoked on and off from 1952 until 2009, but has since quit. Mr. Chancey was employed by Union Carbide Corporation from 1959 until 1991, according to the suit. The couple is seeking a jury trial to resolve all issues involved in the case.
Case number: 10-C-879

Lesa A. Murphy and Kevin W. Murphy vs. Wells Fargo Financial West Virginia, Inc., a West Virginia corporation
PA- Sara Bird; J- Louis Bloom
* In January 2008, the St. Albans couple was duly paying on a mortgage they had obtained with the West Virginia Housing Development Fund for $159,080 with a fixed interest rate of 5.24 percent and were not looking to refinance, according to the suit. The Murphys were solicited by the defendant, who encouraged them to consolidate more than $24,000 of previously unsecured debt into a home-secured refinancing and promised them that they would have one low monthly payment and a fixed-rate mortgage, according to the suit. The Murphys claim Wells Fargo did not do as it promised. The Murphys are seeking actual damages and civil penalties of $4,400 for each violation.
Case number: 10-C-882

Keith Brown and Rachel Henderson Brown vs. Reckitt Benckiser, Inc., a foreign corporation; American Water Heater Co., a foreign corporation; Gabriel Brothers, Inc., a domestic corporation; and Judy Aycock
PA- Marvin W. Masters, Christopher L. Brinkley; J- James C. Stucky
* The Huntington couple leased an apartment from Aycock that was equipped with a US/Craftmaster hot water heater manufactured by American Water Heater Co. On May 31, 2008, the Browns purchased two cans of Neutra Air air freshener manufactured by Reckitt Benckiser from Gabriel Brothers, according to the suit. The Browns claim the air freshener fell from the back of the toilet in the apartment's bathroom and began to spew its contents, so Mr. Brown dropped it in the toilet, which created a fog and ignited a flash fire when it came in contact with the hot water heater. The Browns are seeking compensatory and punitive damages.
Case number: 10-C-884

James Parker vs. Management & Training Corp. and Beverly Williams
PA- Shannon M. Bland; J- Charles King
* Parker was employed by the defendant and claims he was terminated from his employment because of his race, age and handicap. He is seeking damages for his loss of income and physical and emotional distress.
Case number: 10-C-885

Berry Clark vs. Management & Training Corp. and Beverly Williams
PA- Shannon M. Bland; J- Paul Zakaib Jr.
* Clark was an employee of Charleston Job Corps Center. He claims his employment was terminated because of his race and age. Clark is seeking damages for loss of income and physical and emotional distress.
Case number: 10-C-886

James Bradley vs. Management & Training Corp. and Beverly Williams
PA- Shannon M. Bland; J- Tod J. Kaufman
* Bradley was an employee of Charleston Job Corps Center. He claims his employment was terminated because of his race and age. Bradley is seeking damages for loss of income and physical and emotional distress.
Case number: 10-C-887

Velva Chamberlin vs. Management & Training Corp., Lonnie Hall and Ronnie Spudich
PA- Shannon M. Bland; J- Jennifer Bailey
* Chamberlin was employed by the defendant and claims her employment was terminated because of her gender, age and race. Hall was the regional director and Spudich was the director of Charleston Job Corps Center, according to the suit. Chamberlin is seeking damages for her loss of income and physical and emotional distress.
Case number: 10-C-888

May 17
Pauline Hall, individually and as the executrix of the Estate of Donald B. Hall vs. Beverly Enterprises-West Virginia, Inc., d/b/a Golden Living Center-Glasgow; Beverly Enterprises, Inc.; Filmore Capital Partners, LLC; Beverly Health and Rehabilitation Services, Inc.; Golden Gate National Senior Care, LLC; GGNSC Holdings, LLC; GGNSC Clinical Services, LLC; GPH St. Albans, LLC; Jason Gibson, individually and as administrator of Golden Living Center-Glasgow; John Does 1 through 10; and unidentified entities 1 through 10
PA- Mark E. Troy, Jason A. Winnell; J- Jennifer Bailey
* On May 13, 2008, Mr. Hall was admitted to Golden Living Center. On May 17, he began suffering from rapid accumulation of mucus in his throat and lungs and on May 18 he was found dead by Golden Living Center nursing staff, according to the suit. Mrs. Hall claims the defendants failed to meet the standard of care and violated their duty of care to Mr. Hall through mistreatment and neglect. Mrs. Hall is seeking compensatory and punitive damages.
Case number: 10-C-889

Charles Judson Johnson and Sharon Marie Johnson vs. 3M Company, A.W. Chesterton Company, Aurora Pump Company et al.
PA- Victoria Antion, James A. McKowen; J- visiting judge
* The Johnsons claim the 47 defendants are responsible for Mr. Johnson's lung cancer. Mr. Johnson was employed by FMC Corporation from 1972 until 1980 and by DuPont in 1980. The Johnsons are seeking a jury trial to resolve all issues involved in the case.
Case number: 10-C-890

Joni L. Johnson vs. 3M Company, A.K. Steel Corporation, A.O. Smith Corporation et al.
PA- Victoria Antion, Scott A. McGee, John D. Hurst, Joseph Satterley; J- visiting judge
* Johnson claims the 144 defendants are responsible for her mesothelioma. Johnson's father was employed by the defendants from 1948 until 1976 as a pipefitter, according to the suit. Johnson was diagnosed with mesothelioma on Feb. 23 and claims she does not smoke. She is seeking a jury trial to resolve all issues involved in the case.
Case number: 10-C-893

Susan Van Zant vs. Volvo Group North America
PA- pro se; J- Carrie Webster
* On Nov. 19, 2008, Van Zant purchased a 2009 Volvo XC90 from Smith Company Motor Car in South Charleston. She claims since the time of the purchase, she has experienced problems with the vehicle and returned it three separate occasions to have the problems repaired. She claims the defendant failed to make the repairs. She is seeking replacement of the vehicle and associated costs incurred in the attempt to have the vehicle repaired.
Case number: 10-C-899

May 18
Mary Wolfe vs. Thomas Memorial Hospital Foundation, Inc.
PA- Paul M. Stroebel; J- Carrie Webster
* On Feb. 26, the Mason County woman fell on an uneven section of the sidewalk going to the parking lot of Thomas Memorial Hospital. Wolfe claims she sustained injuries to her face, hand and back. She is seeking compensatory damages.
Case number: 10-C-904

May 19
Emily K. Braxton vs. Thomas & Serita Jakes and Oprah Winfrey
PA- pro se; J- James C. Stucky
* Braxton claims the defendants linked her social security funds to U.S. nuclear warfare. She claims the defendants went into her bank account and removed the funds and deposited the full amount into the U.S. treasury. Braxton is seeking funds to be restored.
Case number: 10-C-909

May 20
John Michael Perkins vs. IVS Hydro, Inc., a West Virginia corporation, and Spir Star, Ltd., a Texas corporation conducting business in West Virginia
PA- Harvey D. Peyton; J- Charles King
* On May 12, 2009, Perkins was performing work for his employer, IVS, at an industrial facility located near Nitro when a high pressure hose and fitting failed during use and caused water less than 40,000 pounds of pressure to strike his right arm. The high pressure hose and fitting was manufactured by Spir Star. Perkins is seeking compensatory damages.
Case number: 10-C-911

Ross J. Taylor and Claris Vivian Taylor, his wife vs. A.O. Smith Corporation, A.W. Chesterton Company, Ajax Magnethermic Corporation, et al.
PA- Brian A. Prim; J- visiting judge
* The Taylors claim the 77 defendants are responsible for Mr. Taylor's mesothelioma, of which he was diagnosed on April 23. The Taylors are seeking compensatory and punitive damages.
Case number: 10-C-915

Roy Walls vs. Lone Star Steakhouse & Saloon of West Virginia, Inc. and Arne Lahlum
PA- Todd S. Bailess; J- Carrie Webster
* Walls was hired by the defendants in December 1999 as a kitchen and bar manager. On May 28, 2008, the defendants requested and/or required Walls to submit to a psycho-physiological detection of deception examination, according to the suit. Walls claims he was discharged from his employment on Aug. 24, 2009 and did not receive his final wages until Sept. 1, 2009. He claims he was discharged because of his age. He is seeking compensatory and punitive damages.
Case number: 10-C-917

Chadwick Jones vs. Moses Cadillac Buick Pontiac GMC Truck, Inc.
PA- Todd S. Bailess; J- Jennifer Bailey
* Jones was employed by the defendant from December 2006 until Feb. 11. Jones claims during the course of his employment, the defendant promised him an increase in pay, contingent upon him obtaining certain certifications. In May 2009, Jones obtained his certifications but the defendant never increased his pay as promised, according to the suit. The defendant failed to pay Jones' employment wages owed in full for all pay periods from May 2009 until his discharge. He is seeking compensatory and punitive damages.
Case number: 10-C-918

May 21
Joseph Snavely and Deborah Snavely vs. General Motors Corporation, Dutch Miller Chevrolet and Branch Banking & Trust Company
PA- David L. Grubb, Cameron S. McKinney; J- Charles King
* On Feb. 2, 2009, the Snavelys entered into a motor vehicle purchase contract with the defendants for the purchase of a 2008 Chevrolet Impala. The Snavelys claim the defendants assured them the vehicle had no history of prior problems or damage. The vehicle had a history of defects including extensive damage from submersion or water infiltration and/or prior repairs that the defendants had actual knowledge of, according to the suit. The Snavelys are seeking the contract be declared canceled and compensatory and punitive damages, among other things.
Case number: 10-C-919

Charles Edward McNeely and Virginia Black McNeely vs. IndyMac Bank, FSB and One West Bank, FSB
PA- Brian R. Blickenstaff; J- Charles King
* On March 20, 2008, the McNeelys met with an attorney to discuss debts and possible filing for bankruptcy. Between April 18 and April 28, 2008, the defendants continued to contact the McNeelys in an attempt to collect debt despite being advised that they had retained counsel, according to the suit. The McNeelys claim they filed for bankruptcy, but that the defendants continued to contact them. They are seeking statutory damages in the amount of $20,000 and punitive damages in the amount of $20,000.
Case number: 10-C-920

Keith Peoples vs. City of Charleston, a municipality, and Danny Jones, in his official capacity as Mayor of the City of Charleston
PA- Dwane L. Tinsley; J- Charles King
* Peoples was employed as a police officer for approximately 19 years for the City of Charleston. In December 2006 the defendants instigated an investigation into the duty and off-duty hours worked by Charleston police officers. Peoples claims he was questioned about hours he worked while not on duty as a police officer and informed the police chief that he only worked second jobs at times when he was off duty. In May 2008, Peoples was indicted by the grand jury and put on administrative leave, and on May 22, 2009, he was found not guilty by a jury, according to the suit. Peoples claims the defendants' acts were wanton, reckless and for a malicious purpose. He is seeking compensatory and punitive damages.
Case number: 10-C-924

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