CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Jun. 18, 2010, 2:30am

June 3
William Young vs. Wal-Mart Stores, Inc.
PA- Herbert L. Hively II; J- James C. Stucky
* On June 9, 2008, the Dunbar man slipped and fell in the dairy section of the Nitro Wal-Mart store and was injured. Young claims the defendant was careless and negligent in maintaining the floor. He is seeking judgment in an amount to be determined by a jury.
Case number: 10-C-1004

June 4
Jane Doe vs. West Virginia State Police and Trooper Patrick James Mooney
PA- Michael T. Clifford, Gregory Elliott; J- Louis Bloom
* On Feb. 9 Mooney approached Doe and searched a residence, but found no indication of a meth lab, according to the suit. Doe claims despite this, he still directed her into a squad car and transported her to South Charleston for questioning. She claims Mooney "exposed his genitalia" to her, attempted to have her "give him a hand job" and then "pulled off at Avesta Drive, went down to the road to an unoccupied area...and sexually assaulted" her. She is seeking compensatory and punitive damages.
Case number: 10-C-1007

Darrah Davis Phelps, by her mother Jennie Davis vs. Rock Lake Presbyterian Church
PA- James R. Fox; J- Tod J. Kaufman
* On March 10, 2009, Phelps fell off of a cliff and was seriously and permanently injured, according to the suit. Davis claims the defendant knew or should have known that people visited the area and were likely to walk out onto the top of the cliff. The plaintiffs are seeking compensatory and punitive damages.
Case number: 10-C-1009

June 7
Sharon Young vs. Genesis Healthcare Corporation; Genesis Healthcare Holding Company II, Inc.; Genesis Health Ventures, Inc. of West Virginia; Genesis Eldercare Corporation; Genesis Eldercare Network Services, Inc.; Genesis Eldercare Management Services, Inc.; Genesis Eldercare Rehabilitation Services, Inc.; Genesis Eldercare Staffing Services, Inc.; Genesis Eldercare Hospitality Services, Inc.; Genesis WV Holdings, LLC; Glenmark Associates, Inc.; Jim Triana; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Cedar Ridge Center)
PA- James B. McHugh, Michael J. Filler; J- Charles King
* Young was a resident of Cedar Ridge Center from June 18, 2008, until July 1, 2008, and suffered personal injuries and damages while there, according to the suit. Young claims she suffered catastrophic injuries, disfigurement, extreme pain, suffering and mental anguish that accelerated the deterioration of her health and physical condition beyond the normal aging process. The defendants' negligence caused Young to suffer pressure sores, infections and amputation, according to the suit. Young is seeking compensatory and punitive damages.
Case number: 10-C-1014

Naomi J. Belville, executrix of the Estate of Bernard C. Belville, decease vs. A.W. Chesterton Company, Allied Chemical Corporation, American Cyanamid Company et al.
PA- William K. Schwartz; J- visiting judge
* The Lawrence County, Ohio, woman claims the 83 defendants are responsible for the death of her husband. Mr. Belville worked for approximately 26 years at various sites through Insulator Local 80 in West Virginia and was exposed to various insulating and building materials containing asbestos, according to the suit. Mr. Belville was diagnosed with lung cancer and died June 20, 2008. Mrs. Belville is seeking compensatory and punitive damages.
Case number: 10-C-1015

June 8
Roy E. Scudder vs. CSX Transportation, Inc., individually and as successor-in-interest to Chesapeake & Ohio Railway Company; and Chessie System
PA- James A. McKowen, John E. Guerry III; J- visiting judge
* The Kentucky man was employed by CSX from 1948 until 1984 as a laborer and operator. Scudder claims he was exposed to toxic substances, including asbestos, chemicals and diesel exhaust, which caused him to develop lung cancer. He is seeking damages in an amount to be determined by a jury.
Case number: 10-C-1023

Althea F. Osborne, individually and as executrix of the Estate of Jesse Elwood Osborne, deceased vs. CSX Transportation, Inc., individually and as successor-in-interest to Chesapeake & Ohio Railway Company; and Chessie System
PA- James A. McKowen, John E. Guerry III; J- visiting judge
* The Kentucky woman's deceased husband was employed by CSX from 1947 until 1987 as a laborer, equipment operator and engineer. She claims he was exposed to toxic substances, including asbestos, chemicals and diesel exhaust, which caused him to develop lung cancer. She is seeking damages in an amount to be determined by a jury.
Case number: 10-C-1024

Natalie Davis, individually and as executrix of the Estate of Eugene Floyd, deceased vs. CSX Transportation, Inc., individually and as successor-in-interest to Chesapeake & Ohio Railway Company; and Chessie System
PA- James A. McKowen, John E. Guerry III; J- visiting judge
* The Virginia woman's deceased husband was employed by CSX from 1967 until 1993 as a machine operator and foreman. She claims he was exposed to toxic substances, including asbestos, chemicals and diesel exhaust, which caused him to develop lung cancer. She is seeking damages in an amount to be determined by a jury.
Case number: 10-C-1025

Devon Nicholas Chamberlain, by his parents and next friends, Charles B. Chamberlain II and Daniela E. Santos vs. Parties Are Us, Inc. d/b/a H&H Enterprises Entertainment Services d/b/a Jumpin-Jack Inflatables and McJunkin Red Man Corporation
PA- Robert D. Cline Jr., Robert A. Campbell, Francis M. Curnutte III; J- James C. Stucky
* On June 10, 2008, Devon Chamberlain was an invited guest at a family fun day activity sponsored by McJunkin Red Man Corporation and was severely injured using a hazardous and/or dangerous piece of the inflatable playground equipment. Charles Chamberlain and Santos claim the defendants knew of the hazardous conditions. They are seeking compensatory damages.
Case number: 10-C-1026

Brittany Simpson vs. C.O Grimes, individually and in his official capacity as a correctional officer of the Southern Regional Jail; the West Virginia Regional Jail and Correctional Facility Authority, a corporate body and governmental instrumentality; and John Doe, unknown person or persons
PA- Matthew J. Woelfel; J- Charles King
* Simpson was incarcerated in the Southern Regional Jail and claims during her incarceration she was sexually harassed by Grimes. She is seeking compensatory and punitive damages.
Case number: 10-C-1032

Myrtle Gill vs. CitiFinancial Mortgage Company, Inc., CitiMortgage, Inc.; and John Doe Appraiser
PA- Jennifer S. Wagner, Daniel F. Hedges; J- Charles King
* Gill claims the defendants engaged in mortgage loan servicing abuse by repeatedly assessing illegal fees to her account and misrepresenting amounts due. She is seeking actual damages, punitive damages and civil penalties of $4,400 for each violation.
Case number: 10-C-1034

June 9
Carolyn Cruickshanks vs. West Virginia Regional Jail and Correctional Facility Authority, a West Virginia government entity; Terry L. Miller, executive director; Shannon Markle, administrator; Robert B. Given, correctional officer; and Robert Stancati, correctional officer
PA- John R. Mitchell; J- Charles King
* The Braxton County woman's son, Jordan Grubb, was an inmate at Central Regional Jail. On Feb. 7, 2007, Cruickshanks claims she visited her son at the jail and brought with her a sealed envelope that she had been given by her son's attorney, Bernard Mauser, to deliver to authorities at the jail. Cruickshanks claims she registered at the front window and gave the envelope to the defendants. On March 12, 2007, a criminal complaint was made against Cruickshanks in Braxton Magistrate Court, according to the suit. Cruickshanks claims the defendants wrongly presented the contents of the envelope to her son, who was not supposed to receive the documents. She is seeking compensatory and punitive damages.
Case number: 10-C-1036

June 10
Cathy Seabolt vs. Slack Group, LLC
PA- Michelle L. Johnson; J- Paul Zakaib Jr.
* On July 4, 2009, Seabolt was walking through the defendant's trailer park to visit one of the homes in the trailer park when she was shocked by a live electrical wire. Seabolt claims she suffered severe injury to her face, teeth, back, head, feet and other areas of her body. The defendant was negligent in failing to shut the electricity off of the live wire and keep the trailer park free of dangerous electrical materials, according to the suit. Seabolt is seeking compensatory damages.
Case number: 10-C-1051

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