CIVIL FILINGS: Cabell County

By Kyla Asbury | Jul 2, 2010

June 24
Diana Boerke and John Boerke vs. C.R. Bard, Inc.; Covidien, Inc.; and Mitchell Nutt, M.D.
PA- Paul T. Farrell Jr., J. Robert Rogers, Gary B. Blasingame; J- F. Jane Hustead
* Mrs. Boerke was implanted with C.R. Bard and Covidien products in a surgery performed by Nutt. She claims since the surgery she 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. The Boerkes are seeking compensatory and punitive damages.
Case number: 10-C-456

Gary Grindley and Susanne Johnson-Grindley vs. Robert C. Byrd Institute, Inc.; Erica Cheetham; Rick Martin; and Charlotte Weber
PA- J. Patrick L. Stephens, Mark F. Underwood; J- David M. Pancake
* On April 6, 2009, Mr. Grindley began working for RCBI. Mr. Grindley claims he became increasingly concerned about working for RCBI because Weber would call him nearly every day to discuss the possible termination of his supervisor, Cheetham. Mr. Grindley claims his primary care physician took him off work from Sept. 2 until Sept. 23, 2009, but regardless of this, Weber sent him a letter dated Sept. 15, 2009, terminating his employment. The Grindleys are seeking compensatory and punitive damages.
Case number: 10-C-457

June 25
American Federation of State, County and Municipal Employees, AFL-CIO, Council 77, Local 598 vs. the City of Huntington
PA- R. Matthew Vital, Matthew R. Oliver; J- F. Jane Hustead
* On June 7, the defendant announced plans to implement a reduced and compressed work week policy, which seeks to reduce the number of hours worked weekly by members under the Collective Bargaining Agreement. The CBA states that in all departments, the work day shall consist of eight hours of work and 40 hours per week. The plaintiff claims the reduced and compressed work week policy places the defendant in breach of the CBA. The plaintiff is seeking a temporary injunction and writ of prohibition prohibiting the defendant from implementing the new policy.
Case number: 10-C-462

Victoria Carovillano vs. Thomas F. Scott, M.D.
PA- Henry E. Wood III; J- David M. Pancake
* Carovillano sought medical attention from Scott for an injury and claims after her last visit, Scott called and requested to visit her at her place of work to observe her work area so he could better understand the nature of her injury. On June 30, 2009, Scott arrived at Carovillano's work site and she claims he made remarks that made her feel uncomfortable, tried several times to hold her hand, among other things. She is seeking compensatory and punitive damages.
Case number: 10-C-463

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