WEST VIRGINIA RECORD

June 22
Sandi S. Broce vs. Toyota Motor Sales, USA, Inc.
PA- Michael L. Glasser; J- James C. Stucky
* On Jan. 1, 2008, Broce purchased a new 2008 Toyota Tacoma from Ramey Motors for $29,000. She claims after purchasing the vehicle she experienced repeated non-conformities with the vehicle and after a reasonable number of attempts, the defendant did not conform the vehicle to the warranty or replace it with a new vehicle. She is seeking revocation of acceptance and refund of the purchase price of the vehicle, damages for repair costs and loss of use and punitive damages.
Case number: 10-C-1112

June 23
Stephanie Mitchell vs. Kanawha Valley Regional Transportation Authority
PA- Geoffrey I. Ekenasi; J- Carrie Webster
* On June 25, 2008, Mitchell and her three-year-old granddaughter boarded the defendant's bus. Mitchell claims while they were exiting the bus at the corner of Washington Street and Thompson Street, the bus driver moved the bus and kept going before they were fully exited from the bus. The other passengers were yelling and shouting at the driver to stop, but the driver would not listen, according to the suit. Mitchell claims they fell to the ground and were injured. They are seeking compensatory and punitive damages.
Case number: 10-C-1126

Teddy Frye vs. Ford Motor Company
PA- Michael L. Glasser; J- Louis Bloom
* On May 7, 2007, Frye purchased a new 2007 Ford F-150 from the defendant for $32,145. He claims after purchasing the vehicle she experienced repeated non-conformities with the vehicle and after a reasonable number of attempts, the defendant did not conform the vehicle to its warranty or replace it with a comparable new vehicle. He is seeking revocation of acceptance and refund of the purchase price of the vehicle, damages for repair costs and loss of use and punitive damages.
Case number: 10-C-1132

Debbie M. Conard and Charles Conard, her husband vs. Cintas Corporation No. 2
PA- Christopher J. Sears, John B. McCuskey; J- James C. Stucky
* On July 1, 2008, Mrs. Conard entered Fruth Pharmacy in Charleston. She claims when exiting the pharmacy, she tripped on a bump in the carpet and fell. The defendants are contracted by Fruth Pharmacy to maintain the pharmacy, according to the suit. The Conards are seeking compensatory damages.
Case number: 10-C-1140

June 25
Linda Johnson vs. Ernest N. Pennington, D.D.S., individually and Ernest N. Pennington, D.D.S., d/b/a Charleston Dental Associates
PA- Christopher J. Heavens; J- Tod J. Kaufman
* In January 2008 Pennington took impressions of Johnson's mouth in preparation for a bridge. Johnson claims the material used to make the impressions caused complications and an infection in her gums and because of the complications, the bridge fit improperly and left roots exposed, causing pain. On Feb. 19, 2009, Johnson was seen by another dentist who advised her that Pennington's treatment "may have constituted medical malpractice," according to the suit. Johnson is seeking compensatory damages.
Case number: 10-C-1148

Ernest Hylton vs. Superior Carriers, Inc.
PA- Larry O. Ford; J- Charles King
* Hylton was an employee of Superior Carriers. On July 17, 2008, Hylton was injured and began receiving workers' compensation benefits for temporary total disability. On Feb. 2, 2009, Hylton claims he received a letter from the defendant indicated that his employment was terminated. He is seeking compensatory and punitive damages.
Case number: 10-C-1150

Jerry W. Gunther vs. A&W Painting, Allie Smaidi and Waleed Smeedy
PA- Thomas F. Basile; J- Jennifer Bailey
* Gunther was employed by A&W and used many of his own personal tools to perform work for A&W. On June 26, 2008, Gunther suffered a work-related injury and was taken to the hospital for treatment. He claims after he realized he would not be able to return to work, he approached the defendants and asked that his tools be returned to him, but the defendants refused to return them. The value of the tools was approximately $5,750, according to the suit. Gunther is seeking compensatory damages.
Case number: 10-C-1154

Brian Halsey vs. A&W Painting, Allie Smaidi and Waleed Smeedy
PA- Thomas F. Basile; J- Louis Bloom
* Halsey quit working for A&W in July 2008. He claims the defendants refused to return his personal tools after he quit working for them. He claims the value of the tools was approximately $1,170. He is seeking compensatory damages.
Case number: 10-C-1155

Michael C. Huff vs. A&W Painting, Allie Smaidi and Waleed Smeedy
PA- Thomas F. Basile; J- Louis Bloom
* Huff quit working for A&W in July 2008. He claims the defendants refused to return his personal tools after he quit working for them. He claims the value of the tools was approximately $1,120. He is seeking compensatory damages.
Case number: 10-C-1156

June 28
Kenneth Goldsborough and Mary Goldsborough vs. Bucyrus International, Inc., a corporation; Bucyrus America, Inc., a corporation; Bucyrus Mining Equipment, Inc., a corporation; Structured Mining Systems, Inc., a corporation; Wolf Run Mining Company, a corporation; Hunter Ridge Coal Company, a corporation; ICG, Inc., a corporation; and OCG, LLC, a limited liability company
PA- Allan N. Karlin, Jane E. Peak, Sarah E. Montorg; J- Tod J. Kaufman
* On June 27, 2008, Mr. Goldsborough was operating a Bucyrus remote controlled continuous miner within the scope of his employment at Wolf Run's Sentinel Mine. He claims the machine became entangled on the line curtain, so he shut it down and walked to where the tangle was to disentangle it. Mr. Goldsborough claims while walking back to where he was working the machine, it moved without any action on his part and crushed him against the mine rib, causing injuries. He is seeking compensatory and punitive damages.
Case number: 10-C-1170

Ogden Directories, Inc. vs. Troy N. Giatras, Charles R. Webb and Giatras & Webb
PA- Gerald Hayden; J- James C. Stucky
* Ogden Directories claims the defendants entered into contracts agreeing to pay money in return for advertising in a phone book published by the plaintiff. The defendants failed to fully pay for the advertising and Ogden suffered damages in the amount of $63,274.99, according to the suit. Ogden is seeking actual damages in the amount of $63,274.99 with pre- and post-judgment interest.
Case number: 10-C-1172

Ogden Directories, Inc. vs. Troy N. Giatras and the Giatras Law Firm PLLC
PA- Gerald Hayden; J- Charles King
* Ogden Directories claims the defendants entered into contracts agreeing to pay money in return for advertising in a phone book published by the plaintiff. The defendants failed to fully pay for the advertising and Ogden suffered damages in the amount of $122,164.29, according to the suit. Ogden is seeking actual damages in the amount of $122,164.29 with pre- and post-judgment interest.
Case number: 10-C-1173

June 30
Katie Martin vs. Christopher Dameron, individually and in his official capacity as a correctional officer of the Southern Regional Jail; David Stoner, and in his official capacity as a correctional officer of the Southern Regional Jail; Michael Wills, and in his official capacity as a correctional officer of the Southern Regional Jail; Stephen Gillespie, 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- Paul Zakaib Jr.
* Martin claims that during her incarceration at the Southern Regional Jail she was threatened with bodily harm by Doe and was sexually abused and harassed by Stoner, Dameron, Wills and Gillespie. She is seeking compensatory and punitive damages.
Case number: 10-C-1184

Toni Purdom (nee Cuevas) vs. Steven Gillespie, individually and in his official capacity as a correctional officer of the Southern Regional Jail; Gary Grimes, individually and in his official capacity as a correctional officer of the Southern Regional Jail; Christopher Dameron, individually and in his official capacity as a correctional officer of the Southern Regional Jail; James Prince, 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- Louis Bloom
* Purdom claims that during her incarceration at the Southern Regional Jail she was sexually abused, assaulted and harassed by the defendants. She is seeking compensatory and punitive damages.
Case number: 10-C-1189

July 1
Diana Smith vs. West Virginia-American Water Company and American Water Works Service Company, Inc.
PA- Michelle Johnson; J- Tod J. Kaufman
* On July 2, 2008, Smith was gardening at her home when she fell into an unlocked or defective water meter owned and serviced by the defendants. She claims the defendants were negligent in failing to lock the water meter lid or installing a defective water meter so as not to cause their customers to fall into the meter. She is seeking compensatory damages.
Case number: 10-C-1193

July 2
Angel Rodriguez and Robert Ash vs. CMH Homes, Inc., and the Home Show-Barboursville, Inc.
PA- Cameron S. McKinney, David L. Grubb; J- Louis Bloom
* In October 2006, Rodriguez and Ash entered into a purchase contract with the defendants for the purchase of a new manufactured home. They claim the defendants failed to properly install the home as required by law and after they began to live in the home, they discovered and experienced repeated non-conformities that impaired the use, value and/or safety of the home. They are seeking compensatory and punitive damages.
Case number: 10-C-1207

James E. Elswick Sr. vs. Arkema, Inc.; Belmont Laboratories; Carbon Fuel Company; Diamond Shamrock, Inc.; 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; Univar USA; and US Chemicals, Inc.
PA- Thomas F. Basile; J- Carrie Webster
* The plaintiff claims he was exposed to chemicals used in float-sink coal laboratories and related facilities. He claims the defendants failed to provide adequate and protected work environments and ventilation. He is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 10-C-1208

Glenda Ann Maxwell vs. Mylan Pharmaceuticals, Inc.
PA- Harry F. Bell Jr.; J- Charles King
* On Jan. 28, 2009, Maxwell filled a prescription for Fentanyl Transdermal System patches. She claims she used the patches properly and as directed and was wearing one when she was found unresponsive on Jan. 31 and was hospitalized. She is seeking compensatory and punitive damages.
Case number: 10-C-1210

July 6
Candace Michele Kestner vs. Aerie By American Eagle Outfitters, a foreign corporation; AE Outfitters Retail Co. (Aerie), a foreign corporation; and Lora Gannon, manager
PA- Shawn R. Romano, Kathy A. Brown; J- Paul Zakaib
* Kestner was an employee at Aerie. On July 21, 2009, Kestner claims she was subjected to an embarrassing and humiliating "random layer search," which included searching her undergarments at the front of the store. She claims she was not accused of stealing or trying to smuggle something out of the store and was told it was part of the routine of being an employee. She claims she was willing to allow the random layer search but the fact that it was conducted at the front of the store was "atrocious, intolerable, extreme and outrageous." She is seeking compensatory damages.
Case number: 10-C-1212

Adonis A. Smith d/b/a Empire Electric Incorporated, a West Virginia corporation vs. Timothy Lee Taylor Sr. and TLTEK, LLC
PA- Otis R. Mann Jr.; J- Paul Zakaib
* On March 20, 2006, Smith entered into a Team Partnership Agreement with the defendants. Smith claims the defendants breached the agreement. Smith is seeking judgment in the amount of $8,500 for unpaid expenses and $34,892.33 for one-third of the profits.
Case number: 10-C-1214

Billy E. Bennett and Minnie Bennett, his wife vs. 20th Century Glove Corporation, 84 Lumber Company Ajax Magnethermic Corporation, et al
PA- David P. Chervenick, Bruce E. Mattock, Scott S. Segal; J- visiting judge
* The Bennetts claim the 137 defendants are responsible for Mr. Bennett's asbestosis and mesothelioma. They are seeking compensatory damages.
Case number: 10-C-1216

Lou Ann Stover vs. Target Corporation
PA- Damon L. Ellis; J- Carrie Webster
* On July 7, 2008, Stover slipped on a foreign substance in the floor at the South Charleston Target location and hit a shelf before hitting the floor. She is seeking compensatory damages.
Case number: 10-C-1221

July 7
Alice Whitman vs. TM Associates Management
PA- Kevin Baker; J- Jennifer Bailey
* Whitman was employed with the defendant and signed a contract to work 30 hours per week at $10.25 per hour. She claims the defendant told her to not turn in a time sheet for more than 30 hours per week and that if she worked more than 30 hours, she should simply take time off at a later date. Whitman worked 40 hours or more ever week and as many as 60 hours some weeks, but was told not to include the excess hours into her time sheets, according to the suit. She claims TM was in violation of the Fair Labor Standards Act. She is seeking compensatory, liquidated and punitive damages.
Case number: 10-C-1225

Kevin King vs. Long Run Transportation, Inc.
PA- Todd S. Bailess; J- Jennifer Bailey
* King worked for the defendant until his discharge on May 26. He claims he did not receive his final wages until June 4. He is seeking compensatory damages with pre- and post-judgment interest.
Case number: 10-C-1227

John Chapman vs. Subtrax, Inc.
PA- Todd S. Bailess; J- Louis Bloom
* Chapman worked for the defendants until his discharge on June 8. He claims he did not receive his final wages until June 14. He is seeking compensatory damages with pre- and post-judgment interest.
Case number: 10-C-1228

Michael A. Gunnoe vs. Cozumel Mexican Restaurant Dos, Inc.
PA- Todd S. Bailess; J- Paul Zakaib Jr.
* Gunnoe worked for the defendant until him discharge on June 28, 2009. He claims the restaurant failed to pay his employment wages within 72 hours. He is seeking compensatory damages with pre- and post-judgment interest.
Case number: 10-C-1229

John Chapman vs. Sbarro, Inc. d/b/a Sbarro the Italian Eatery, a New York corporation
PA- Todd S. Bailess; J- Jennifer Bailey
* Chapman worked for Sbarro until his discharge on May 20. He claims the defendant failed to pay his employment wages within 72 hours. He is seeking compensatory damages with pre- and post-judgment interest.
Case number: 10-C-1230

July 8
Harry Weiner, individually and on behalf of the Estate and Wrongful Death Beneficiaries of Mildred Moseley vs. Manor Care, Inc.; HCR Manor Care Services, Inc.; Health Care and Retirement Corporation of America, LLC; Heartland Employment Services, LLC; Danny Davis; Jeffery 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- James C. Stucky
* Moseley was a resident of Heartland of Charleston from June 26, 2009, until Jan. 14, and suffered personal injuries and damages while she was a resident. She died on Feb. 11. Weiner claims the defendants accelerated the deterioration of Moseley's health and physical condition beyond what is caused by the normal aging process. Weiner is seeking compensatory and punitive damages.
Case number: 10-C-1235

Megan Lanham vs. Raymond O. Conley, an incarcerated individual; Officer Elliot, in his individual capacity; Officer Moss, in his individual capacity; and the City of Dunbar Police Department
PA- William C. Forbes, W. Jesse Forbes; J- James C. Stucky
* Lanham claims that beginning in April 2008, she was subjected to harassment, sexual harassment, unlawful search and seizure, false arrest, threats, intimidation, defamation of character, humiliation, embarrassment, invasion of privacy and forced eviction from her Dunbar home by the defendants. She is seeking compensatory and punitive damages.
Case number: 10-C-1241