CIVIL FILINGS: Cabell County

By Kyla Asbury | Jun 11, 2010

June 3
Betty Adkins and Raymond Adkins vs. C.R. Bard, Inc., and Dr. Mitchell E. Nutt
PA- Paul T. Farrell Jr., Lawrence J. Tweel, J. Robert Rogers, Gary B. Blasingame, Henry G. Garrard III; J- David M. Pancake
* On Nov. 26, 2007, Nutt performed surgery on Mrs. Adkins and implanted an Avaulta Plus Anterior and Posterior BioSynthetic Support System in her to treat her pelvic organ prolapse. The couple claims since the surgery Mrs. Adkins has experienced significant mental and physical pain and suffering; has sustained permanent injury; permanent and substantial physical deformity; and loss of a bodily organ system. They are seeking compensatory and punitive damages.
Case number: 10-C-413

June 4
Michael Adkins vs. The Cabell County Civil Service Commission, John Sears, George Kisor, Charles McComas and the Sheriff of Cabell County, the Honorable Tommy McComas
PA- Kit Thornton; J- F. Jane Hustead
* Adkins claims the defendants illegally passed him over for promotion on Dec. 2, 2002, despite having the highest score on the promotion test and more time in service than other candidates who were promoted. Adkins has since been promoted to Corporal in February 2008, but claims the losses in denied back pay and delay in rank advancement have been substantial and are ongoing. He is seeking an injunction and for the Court to issue an order enjoining the defendants from announcing and implementing the promotion or reclassification of Sheriff's deputies.
Case number: 10-C-415

Kenneth Bond vs. Forth's Foods Inc.; Carpenter Co.; and TST Logistics Inc.
PA- Robert B. Warner, William B. Hicks; J- David M. Pancake
* Bond was employed by Forth's Foods as a general laborer. On June 5, 2008, Bond was moving unloaded roofing materials in preparation for roofing construction at a job site that also included employees from TST Logistics and Carpenter, according to the suit. Bond claims while moving the roofing materials, employees from TST and Carpenter negligently pushed a bundle of roofing materials off the back of the semi-trailer, striking him in the head, neck, back and shoulder area. He is seeking compensatory damages.
Case number 10-C-416

Yellowbook Sales & Distribution Co. Inc. vs. Kenneth P. Hicks
PA- John R. Keating; J- David M. Pancake
* On July 20, 2006, Hicks entered into an advertising agreement with Yellowbook and was listed in Yellowbook's publication from Oct. 1, 2006, until Sept. 1, 2007 for a monthly price of $1,052. Yellowbook claims Hicks has failed and refused to pay for the advertising. Yellowbook is seeking damages in the amount of $12,666 with interest at a rate of 8.5 percent per annum from Oct. 1, 2007.
Case number: 10-C-417

Mary Todd vs. Hurricane Plaza, Inc., a West Virginia corporation; and Callihan Heating & Plumbing, Inc., a West Virginia corporation
PA- Michael S. Bailey; J- F. Jane Hustead
* Todd entered into a contract with the defendants for construction of a home in Barboursville. She claims the defendants breached their contracts and implied warranties. She is seeking compensatory and punitive damages in an amount exceeding $30,000.
Case number: 10-C-419

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