CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Jul. 2, 2010, 2:30am

June 17
Dwight R. Harless and Carol Harless vs. 3M Company; A.O. Smith Corporation; A.W. Chesterton Company et al
PA- James M. Barber, Victoria Antion; J- visiting judge
* The Harlesses claim the 62 defendants are responsible for Mr. Harless' usual interstitial pneumonitis and asbestosis. They are seeking a jury trial to resolve all issues.
Case number: 10-C-1080

Michael Wingett vs. WV Dream Homes, Inc.
PA- J. Timothy DiPiero; J- Carrie Webster
* Wingett was employed by the defendant. On Oct. 15, 2008, Wingett claims he fell approximately 12 feet and landed on a cinderblock wall, which resulted in a broken femur that tore through the back of his leg and through his leg muscles. Wingett is seeking compensatory damages.
Case number: 10-C-1082

Matthew C. Summerfield and Jennifer Summerfield, husband and wife vs. Charleston Area Medical Center, Inc.; Molly John, MD; West Virginia University Medical Corporation d/b/a West Virginia University Physician of Charleston; Brandon Kyle Robinson, DO
PA- David P. Chervenick, Lee W. Davis; J- Tod J. Kaufman
* On July 7, 2008, Mr. Summerfield was on a camping trip and was involved in an off-road dirt bike accident, after which he was taken to CAMC. On July 9, 2008, Mr. Summerfield underwent surgery for repair of a left tendon and was discharged on July 11, according to the suit. The Summerfields claim during inpatient admission, they requested an infectious disease consult, but John refused to order it. On July 12, the Summerfields claim Mr. Summerfield awake with purulent drainage around the surgical site and a low-grade fever and was admitted to a local hospital where they lived in Pennsylvania. They are seeking compensatory damages.
Case number: 10-C-1083

Robin Ward vs. C.O. Rees, individually and in his official capacity as a correctional officer of the West Virginia Division of Corrections; C.O. Cochran, individually and in his official capacity as a correctional officer of the West Virginia Division of Corrections; the West Virginia Division of Corrections, an agency of the State of West Virginia; and John Doe, unknown person or persons
PA- Kerry A. Nessel; J- Louis Bloom
* Ward claims she was sexually abused and harassed by Rees and Cochran during her incarceration at Lakin Correctional Center. She is seeking compensatory and punitive damages.
Case number: 10-C-1086

June 18
Laura Bortey vs. Charleston Area Medical Center
PA- Paul K. Reese; J- Carrie Webster
* On Jan. 17, 2009, Bortey presented to the defendant for chest pain and pain radiating down her left arm and up into her neck. She claims she was escorted to a closed, solid wall and door examination room, unlike other examination areas in the emergency room. She claims she was not advised that the room was designed to house patients who required video surveillance. The defendants invaded Bortey's privacy, according to the suit. Bortey is seeking punitive damages.
Case number: 10-C-1096

Harry Harless and his wife, Joanne M. Harless vs. Millercoors LLC; Cone Distributing, Inc.; Wal-mart Stores, Inc. d/b/a Sam's Club; and Publix Supermarkets, Inc.
PA- Samuel D. Elswick; J- Louis Bloom
* On June 28, 2008, Mr. Harless attended a wedding reception in Gainesville, Fla., and was assisting Susan Learn in restocking a plastic-lined cooler with glass bottles of Miller Light beer that was purchased from either Sam's Club or Publix. Mr. Harless claims while placing a particular bottle of Miller Light bear in the cooler, it exploded, causing a piece of glass to strike him in the eye. The Harlesses are seeking compensatory and punitive damages.
Case number: 10-C-1095

June 22
Thomas Olson vs. Wal-Mart Stores East, L.P.; Eddie Bostic, Pam Hartline and John Doe
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III, Charles R. Webb; J-Louis Bloom
* Olson was an assistant manager at Wal-Mart. On Dec. 28, 2009, Doe entered the South Ridge Wal-Mart and was observed taking a pair of box cutters and cutting plastic packages so he could steal electronic and other equipment, according to the suit. Olson claims he and two other assistant managers, Martin Ellis and Thomas Stewart, approached Doe and detained him. Despite following the rules pursuant to the Wal-Mart's policies, Olson's employment was terminated on Jan. 12. He is seeking compensatory and punitive damages.
Case number: 10-C-1105

Martin W. Ellis vs. Wal-Mart Stores East, L.P.; Eddie Bostic, Pam Hartline and John Doe
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III, Charles R. Webb; J-Jennifer Bailey
* Ellis was an assistant manager at Wal-Mart. On Dec. 28, 2009, Doe entered the South Ridge Wal-Mart and was observed taking a pair of box cutters and cutting plastic packages so he could steal electronic and other equipment, according to the suit. Ellis claims he and two other assistant managers, Thomas E. Olson and Thomas Stewart, approached Doe and detained him. Despite following the rules pursuant to the Wal-Mart's policies, Ellis' employment was terminated on Jan. 12. He is seeking compensatory and punitive damages.
Case number: 10-C-1106

Thomas A. Stewart vs. Wal-Mart Stores East, L.P.; Eddie Bostic, Pam Hartline and John Doe
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III, Charles R. Webb; J-Jennifer Bailey
* Stewart was an assistant manager at Wal-Mart. On Dec. 28, 2009, Doe entered the South Ridge Wal-Mart and was observed taking a pair of box cutters and cutting plastic packages so he could steal electronic and other equipment, according to the suit. Stewart claims he and two other assistant managers, Thomas E. Olson and Martin Ellis, approached Doe and detained him. Despite following the rules pursuant to the Wal-Mart's policies, Stewart's employment was terminated on Jan. 12. He is seeking compensatory and punitive damages.
Case number: 10-C-1108

Jeffrey L. Blount; James E. Elswick Jr.; Theodore Hapney; Carl R. Hicks; Gary W. Hodge; William E. Hodge; Elmer Lee Johnson; Charles T. Koenig; Wilda March; John L. McGraw; Roy E. McNeal Jr.; Steven Nickell; and Donald Raines Jr. vs. Arkema, Inc.; Belmont Laboratories; Cannelton Industries, Inc.; Carbon Fuel Company; Cedar Coal Co.; Commercial Coal Testing, LLC; Commercial Testing and Engineering Co.; Diamond Shamrock, Inc.; Donaldson Mine Company; Dow Chemical Company; Gulf States Energy, Inc.; ICL-IP America, Inc.; Ineos Chlor America, Inc.; Interstate Chemical Co., Inc.; JSC Kaustik; Legacy Vulcan Corp.; Magic Chemicals, Inc.; Mid-State Chemical & Supply Corp.; Miljac, Inc.; Occidental Chemical Corporation; Oltchim, S.A.; PPG Industries; Preiser Scientific, Inc.; Primachem, Inc.; PVS Chemicals, Inc.; Solvay Chemicals International SA; SGS North America, Inc.; Standard Laboratories, Inc.; Technical Testing Laboratories, Inc.; United States Steel Corporation; Univar USA; US Chemicals, Inc.; US Steel Mining Company, LLC; and Valley Camp Coal Company
PA- Thomas F. Basile, Robin L. Greenwald, William A. Walsh, Curt D. Marshall
* The plaintiffs claim they were exposed to chemicals used in float sink coal laboratories and related facilities. They claim the defendants failed to provide adequate and protected work environments and ventilation. They are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 10-C-1109, 10-C-1110, 10-C-1111, 10-C-1113, 10-C-1114, 10-C-1115, 10-C-1116, 10-C-1117, 10-C-1118, 10-C-1119, 10-C-1120, 10-C-1121, 10-C-1122

June 24
Daoqun Luo vs. Chung Cheng Liang d/b/a China Max; Liang Chong Zhe; Peter Hwang; Charlie Ling; Meihua Lo; and Jin Li
PA- Sarah K. Brown; J- Louis Bloom
* Luo worked as a server for China Max and worked six days per week from 9:30 a.m. until 9 p.m. She claims she was required to purchase bottled water from Kroger for the restaurant to sell in addition to her regular work shift. The defendants did not provide Luo with a break during her shifts, only paid her once per month in cash and required her to sign a piece of paper, indicating she had been paid, according to the suit. Luo claims after filing a request for investigation with the West Virginia Division of Labor, her employment was terminated. She is seeking compensatory, liquidated and punitive damages.
Case number: 10-C-1139

Lisa Morris and Eddie Morris vs. Charleston Area Medical Center
PA- Richard D. Lindsay; J- James C. Stucky
* Mrs. Morris was diagnosed with cancer in her left breast on May 25, 2007. The couple claims the defendant did not provide follow up care and treatment, radiation or chemotherapy. They are seeking compensatory and punitive damages.
Case number: 10-C-1141




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