CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Jun. 4, 2010, 2:30am

May 20
Bonnie Ford vs. Mark W Simpson, DDS, and Simpson Dental Associates
PA- David F. Nelson, Natalie C. Schaefer; J- Charles King
* The Jackson County woman claims on Nov. 6, 2007, she underwent bone replacement graft surgery by Simpson in preparation for the placement of permanent dental implants. She claims Simpson failed to properly inquire as to her medication history, including her use of Fosamax. Ford underwent endosseous implant surgery in March 20, 2008, and implant maintenance procedures on Sept. 23, 2008, according to the suit. Ford claims Simpson concealed her injuries and complications until she discovered her condition was not improving on October 2008. She is seeking compensatory and punitive damages.
Case number: 10-C-926

May 24
Van Jenkins and Kimberly Jenkins vs. General Motors Corporation, a foreign corporation; C&O Motors, Inc., a West Virginia corporation; and Fifth Third Bank, a foreign corporation
PA- David L. Grubb, Cameron S. McKinney; J- James C. Stucky
* On May 3, 2008, Mr. and Mrs. Jenkins entered into a motor vehicle purchase contract with the defendants for the purchase of a 2008 Chevrolet Malibu. After the purchase of the vehicle, the plaintiffs discovered and experienced repeated nonconformities that impaired the use, value and/or safety of the vehicle, according to the suit. The plaintiffs claim the defendants failed and refused to provide a comparable replacement vehicle and to reimburse them. They are seeking the contract be declared canceled and compensatory and punitive damages.
Case number: 10-C-928

Brian K. Townsend vs. Stephen K. Korsen, LLC
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III, G. Patrick Jacobs; J- Louis Bloom
* Townsend was employed by the defendant from March 19, 2004, until his employment was terminated on July 27, 2009. Townsend claims the defendant failed to pay him for all hours worked and failed to pay wages for overtime worked. He is seeking judgment against the defendants for an amount equal to the loss of all wages plus interest and liquidated damages.
Case number: 10-C-930

Cheryl Sue Belton, Administratrix of the Estate of Mia Alicia Chandler, deceased vs. K-V Pharmaceutical Company; Ethex Corporation; Target Stores, Inc. d/b/a Target Pharmacy T-1261; William J. Anderson, pharmacist in charge of Target Pharmacy T-1261; and "JAR," a licensed pharmacist at Target Pharmacy T-1261
PA- Joshua I. Barrett, Lonnie C. Simmons; J- Louis Bloom
* In November 2008, the defendants recalled pharmaceutical products. Chandler experienced side effects and reactions by an overdose of the recalled pharmaceutical products, which resulted in her death, according to the suit. Belton claims the defendants knew or should have known about the manufacturing and production defects, misbranding and negligent sale and distribution of the recalled pharmaceutical products. Belton is seeking compensatory and punitive damages.
Case number: 10-C-931

May 25
Belva P. Stallard vs. CitiMortgage, Inc., a corporation
PA- Daniel F. Hedges; J- Louis Bloom
* Stallard had a loan with the defendant's predecessor in interest in the amount of $55,920. After her husband died, Stallard sought a modification in order to afford the payments, according to the suit. Stallard claims the defendant only lowered her payments for three months, which she paid on a timely basis. The defendant continued to contact Stallard after she obtained counsel in an attempt to collect debt. She is seeking compensatory and punitive damages, appropriate equitable relief, that the Court enjoin the defendant from taking possession of her home, and that the Court declare the defendant breached its duty of good faith.
Case number: 10-C-938

May 26
Walter Buckland and Sherry Buckland vs. CitiFinancial, Inc., f/k/a Associates Financial Servicing Company of West Virginia
PA- Jennifer S. Wagner, Daniel F. Hedges; J- Carrie Webster
* In 2000, the Bucklands spoke with CitiFinancial regarding the possibility of consolidating their debts. The Bucklands claim the defendant told them it would make the loan if their house was worth more than $60,000. They claim the loan's principal was $56,891.64, which was significantly in excess of the actual market value of the home. The defendant flipped the plaintiffs in another loan for $60,756.81 with a 14.1468 percent interest rate that accrued daily on July 26, 2002. The Bucklands are seeking actual damages and civil penalties.
Case number: 10-C-949

May 27
Dwight Johnson, individually and on behalf of the Estate and Wrongful Death Beneficiaries of Opal Estep vs. Manor Care, Inc.; HCR Manor Care Services, Inc.; Health Care and Retirement Corporation of America, LLC; Heartland Employment Services, LLC; Danny Davis; and Vivian Kiraly
PA- James B. McHugh, Michael J. Fuller Jr., Amy J. Quezon; J- Paul Zakaib Jr.
* Estep was a resident of Heartland of Charleston from Jan. 6, 2003, until her death on July 27, 2008. Johnson claims Estep suffered urinary tract infections, dehydration, malnutrition, fractured bones, infections and her eventual death because of the defendants. Johnson is seeking compensatory and punitive damages.
Case number: 10-C-950

Tom Douglas, individually and on behalf of the Estate of Dorothy Douglas vs. Manor Care, Inc.; HCR Manor Care Services, Inc.; Health Care and Retirement Corporation of America, LLC; Heartland Employment Services, LLC; Danny Davis; Jeffery A. Smith; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Heartland of Charleston)
PA- James B. McHugh, Michael J. Fuller Jr., Amy J. Quezon; J- Paul Zakaib Jr.
* On Sept. 4, 2009, Dorothy Douglas was admitted to Heartland of Charleston and remained there until Sept. 23, 2009. Tom Douglas claims Dorothy Douglas suffered dehydration, irreversible change in mental status and acute renal failure because of the defendants. Tom Douglas is seeking compensatory and punitive damages.
Case number: 10-C-952

Angela Bailey vs. Wexford Health Sources, Inc., and Tristan Tenney
PA- Paul M. Stroebel; J- Carrie Webster
* Bailey was a medical assistant with Wexford Health Sources. In August 2009, Bailey claims she was discharged from her employment under false pretenses after she complained about not having the appropriate supplies. Bailey claims she made complaints detailing the supply issue and was subsequently discharged. She is seeking reinstatement to her position and compensatory and punitive damages.
Case number: 10-C-954

Debra Morgan and Ernie Morgan, her husband vs. Casto Technical Services, Inc.
PA- Marvin W. Masters, Charles M. Love IV; J- Carrie Webster
* The defendant was remodeling/repairing Mrs. Morgan's place of employment. On Nov. 24, 2008, a ceiling tile fell and hit Mrs. Morgan, causing her serious injury, according to the suit. The Morgans claim the defendant failed to perform its construction in a non-negligent manner. The Morgans are seeking compensatory damages.
Case number: 10-C-956

Jean A. Mease-Martin vs. Medford Trucking, LLC, a West Virginia corporation; Kevin S. Medford; Dale R. Medford; and William W. Croye
PA- Jonathan R. Mani, Bernard E. Layne III; J- James C. Stucky
* The Cedar Grove woman claims on June 19, 2008, she was hired by the defendants as a coal truck driver. During her employment, Mease-Martin began dating a man named Kerry Johnson, also worked for the defendant as a coal truck driver. After their relationship, Mease-Martin claims Johnson began to harass her and the defendants refused to take any action to address Johnson's inappropriate behavior. Mease-Martin is seeking lost wages, punitive damages, pre- and post-judgment interest and compensatory damages.
Case number: 10-C-958

May 28
Delores Rucker vs. Video Village, LLC
PA- Edward K. Rotenberry, Mark E. Wills; J- Carrie Webster
* On June 16, 2008, the Cedar Grove woman was a customer shopping at the Video Village and was going out to her car "when she turned to the left, stepped out and fell forward because the surface was not where she expected it to be," according to the suit. Rucker fell to the ground and suffered injuries to her right elbow. She is seeking compensatory damages.
Case number: 10-C-966

Ann L. Koontz f/k/a Ann L. Richmond vs. Wells Fargo, NA d/b/a Wells Fargo Home Mortgage, Inc.
PA- Daniel F. Hedges; J- Paul Zakaib Jr.
* In 2003 Koontz decided to purchase a home and responded to an online solicitation from the defendant for financing. Wells Fargo advised her the total monthly payment would be $614. The closing was rushed and hurried and "without sufficient explanation of the loan documents and loan terms," according to the suit. At the closing, Koontz learned the monthly payment would be $700, but claims she continued with the loan closing because it was too late to back out. In 2008, the monthly loan payments increased to $980 and Koontz claims the defendants refused to let her make partial payments. She is seeking appropriate equitable relief and actual damages.
Case number: 10-C-967

Robert Beaver and Bonnie Beaver vs. Kia Motors America, Inc.
PA- Michael L. Glasser; J- Louis Bloom
* On Nov. 18, 2004, the Beavers purchased a 2005 Kia Sorento from Patrick Plaza Dodge Kia in Charleston for $24,190. The Beavers claim after the purchase of the vehicle, they experienced repeated nonconformities with the vehicle and that the defendant failed to conform the vehicle to the warranties after a reasonable number of attempts. The Beavers are seeking revocation of acceptance and refund of the purchase price, damages for repair costs and damages for loss of use.
Case number: 10-C-969

David Monk, as parent/guardian of Maxwell Monk vs. YMCA of Kanawha Valley Endowment Fund, Inc.
PA- Michael J. Del Giudice; J- Tod J. Kaufman
* On May 28, 2008, Maxwell Monk was playing in the kids' gym at the YMCA when he fell on a bench with a sharp edge, which lacerated his chin directly below his lower lip. David Monk claims the defendant had a duty to provide his son with a reasonably safe and injury-free place to play and proper supervision. He is seeking compensatory damages.
Case number: 10-C-976

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