CIVIL FILINGS: Ohio County

By Denise Simpson | Aug 20, 2010

Aug. 2

Aug. 2
Paula Otto vs. Gary B. Foster
PA- Jacob M. Robinson; Adam M. Hanasky; J- Wilson
* Within the Wheeling Island Hotel Casino Racetrack's parking lot, defendant operated his Elantra motor vehicle with such force that he collided with Otto. Compensatory damages in excess of the jurisdictional limits are sought for this action.
Case number: 10-C-268

Hilbert H. Fyock, Jr. and Holly Fyock, his wife vs. Jessica N. Gallaher
PA- David A. Jividen; J- Gaughan
* On April 18, 2010, defendant caused her vehicle to be driven into the vehicle owned and operated by plaintiff, Hilbert Fyock. Plaintiff reasonably believes that he will incur future medical bills and loss of earning capacity. A judgment is demanded as compensation for these possible losses.
Case number: 10-C-269

M. David Pelluchette and Elaine Pelluchette, individually and as parents and natural guardians of the minor, Faith Pelluchette vs. Jamie Scott
PA- David A. Jividen; John M. Jurco; J- Wilson
* Prior to the collision, the plaintiffs were sitting in the doorway of Catherine J. Clark's van. The impact from the collision on May 21, 2009, threw them from the van. David Pelluchette has incurred medical bills in excess of $11,000. He believes he will incur future medical expenses. Compensatory fees along with court costs are sought.
Case number: 10-C-270

Aug. 3
Lucy C. Socha vs. City of Wheeling
PA- Donald J. Tennant Jr.; J- Gaughan
* On April 23, 2010, plaintiff stopped her car on Vance Avenue. She was walking to the back of her car on the street next to the curb when she stepped into a "pot hole" causing her to twist her ankle and fall. The holes have been present for a lengthy period of time yet defendant negligently failed to repair said defect or otherwise warn the public. A trial by jury is demanded.
Case number: 10-C-271

Aug. 4
Mary and John Waskevich vs. Wheeling Station, Ltd.
PA- Donald J. Tennant Jr.; Jeffrey J. Rokisky; J- Gaughan
* Mary Waskevich was visiting and preparing food for her granddaughter's wedding. As she traveled to her vehicle, parked in front of the apartment, she tripped and fell over a "raised" curb. Defendants knew of the raised curb but failed to exercise ordinary care. A judgment is demanded.
Case number: 10-C-273

State of West Virginia vs. Michael McWha
PA- Shawn R. Turak; J- Recht
* Turak, an Assistant Prosecuting Attorney, requests the Court issue a Writ of Habeas Corpus Ad Testificandum. This Order requires the transport of the Respondent to the Circuit Court of Ohio County on Aug. 24, 2010. Transfer of this inmate's will permit his testimony in the jury trial of State of West Virginia vs. Carrie Lynn Carr in case number: 10-F-68.
Case number: 10-C-273

Aug. 5
Barbara McLaughlin and Mark McLaughlin vs. Wheeling Hospital, Inc.
PA- Nicholas A. Wininsky; J- Mazzone
* Barbara McLaughlin worked as a Nurse for 30 years and employed by Wheeling Hospital since 1980. Preceding her termination, she spoke with her IV Staff who noted serious patient safety concerns involving the chemotherapy pumps. She sent an email after speaking with the oncology physician's office manager. That same day Ms. Marshal presented her with a severance package, only if she agreed to resign that day. Ms. Marhall denied her the eligibility of taking several nursing positions currently available stating it would not be in the best interest of the hospital. A jury trial is sought to compensate plaintiff for defendant's retaliatory actions.
Case number: 10-C-275

Jessica Crow, individually and on behalf of all others similarly situated vs. Umstott, Inc., d/b/a 7-Eleven Store
PA- ; Sandra K. Law; J- Gaughan
* Defendant discharged plaintiff and various other class action members between 2005 until 2010. The Class is so numerous; however, the number can be determined through defendant's records. Each class member's damages will not exceed $75,000 each. The Court is asked to determine that the plaintiff and their Class members were not paid in a timely manner as required by law.
Case number: 10-C-276

Deborah A. Bosley- Clayton & Robert L. Clayton vs. Donna Ann Upton
PA- James F. Companion; Gerald E. Lofstead, III; J- Mazzone
* On Aug. 29, 2008, while traveling on Jefferson Avenue Extension, plaintiff was rear –ended. This collision resulted in Deborah Clayton being transferred by ambulance to Wheeling Hospital and aggravated her pre- existing physical and psychological conditions. A compensatory judgment is demanded.
Case number: 10-C-277

Aug. 6
Timothy Hoder vs. GMS Mine Repair and Maintenance, Inc. and Bob Rollman, Tom Ferguson and Mike Thomas, individually
PA- Sandra K. Law; J- Recht
* On Feb. 23, 2010, the plaintiff fell at work, injuring his back. He missed one month of work for this injury, and received workman's compensation benefits. He presented his Release to return to light work and presented same to Rollman at an Annual Retraining Program. When he wasn't called by his shift manager: Ferguson, he contacted the Human Resources department and was informed by them that he 'had voluntarily quit his employment.' Defendant's refusal to return plaintiff to his prior position was a West Virginia Code violation. Punitive damages are sought.
Case number: 10-C-279

Aug. 9
Erie Insurance Group vs. Robert C. Cody
PA- Bruce M. Clark; J- Gaughan
* On May 18, 2005, Robert Cody collided with the vehicle owned and operated by Erie's insured, Lucian Anderson. As a result of this negligence, plaintiff has paid its insured a sum of $2,554.61 to date. Cody executed an installment contract, in Oct. 2007, to make $50 monthly payments. He has defaulted on his obligation and a monetary judgment is herein demanded.
Case number: 10-C-280

Michael Bibbee; Carey G. Doll; Cindi L. Greathouse; Kevin L. Huntsman; James E. Nixon; and Keith E. Wisor vs. Arkema, Inc.; Belmont Laboratories; Diamond Shamrock Chemicals Company; Dow Chemical Company; Gulf States Energy, Inc.; ICL-IP America, Inc.; Ineos Chlor America, Interstate Chemical Corporation, Oltchim, S.A.; PPG Industries; Preiser Scientific, Inc.; Primachem, Inc.; PVS Chemicals, Inc.; Solvay Chemicals International SA; TRA -DET Laboratories, LLC; Univar USA, Inc; and US Chemicals, Inc. a/k/a/ US Chemicals, LLC
PA- Thomas E. Basile
* This action is brought against defendants for personal injuries sustained by exposure to chemicals used in float- sink coal laboratories and related facilities where they worked within West Virginia. Defendant manufacturers and distributors failed to adequately warn plaintiff's of their need for personal protective clothing. Such safety measures would have eliminated or minimized exposure to said chemicals. Punitive, compensatory, and recovery fees are demanded as equitable and affirmative relief.
Case number: 10-C-281; J- Gaughan
Case number: 10-C-282: J- Recht
Case number: 10-C-283: J- Recht
Case number: 10-C-284: J- Mazzone

Aug. 11
Paul F. Chiazza and Jackie Chiazza vs. Famous Enterprises, Inc., The Famous Furnace and Supply Company, Famous Supply Company of Wheeling, George Kurko and Ben Byrum
PA- Nicholas A. Wininsky; Shane M. Mallett; J- Mazzone
* Plaintiff received a Memo in January 2010 that his job performance has fallen below expectations which necessitated an Improvement Plan. He experienced a workplace accident that same month in which he suffered various injuries to his knee. These injuries required his filing a workers' compensation claim. He was terminated on April 30, 2010, following a second Memo March 11, 2010. Defendant's retaliatory action was based on a perceived pending disability. Compensatory damages are demanded by a jury trial.
Case number: 10-C-289

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