CIVIL FILINGS: Kanawha County

By Kyla Asbury | Aug 20, 2010

July 29
William J. Reese and JoAnn T. Reese vs. the City of Marmet, a Kanawha County, West Virginia municipality
PA- G. Patrick Jacobs; J- Tod J. Kaufman
* The Reeses claim the defendant negligently caused asphalt to be put onto California Avenue in such a manner that a rain water drain that drains water from their residence cannot freely flow and therefore rain water backs up into their drain and gutters. They are seeking for the drainage system be corrected and compensatory damages.
Case number: 10-C-1359

Aug. 9
Travis J. Keaton vs. Oakwood Terrace Apartments and John Doe
PA- William C. Forbes; J- James C. Stucky
* On Aug. 9, 2008, Keaton was shot by an unknown male assailant with a gun while he was visiting a friend who lived in Oakwood Terrace Apartments. He is seeking compensatory and punitive damages.
Case number: 10-C-1415

Joanne Myers vs. Encore Management Company, Inc.
PA- Tom Price; J- Carrie Webster
* Myers began working for the defendant on Aug. 15, 2005. She claims a benefit of her managerial duties at Tyler Heights Apartments was an apartment there that was her residence. In October 2009 Myers developed a Baker Cyst on the back of her leg, which made it hard to walk, but she continued her work for the defendant, according to the suit. Myers claims the defendant informed her that it was aware that her legs were bad and that she had 15 days to get out of her apartment and that she would no longer be able to manage the Tyler Heights Apartment. She is seeking compensatory and punitive damages.
Case number: 10-C-1418

Aug. 10
Amy Michelle Tippett, individually and as parent and guardian of Derrick Austin Elkins, a minor child vs. the Kanawha County Board of Education
PA- Stephen P. Swisher; J- Paul Zakaib Jr.
* On Aug. 15, 2009, Elkins was on the school grounds of McKinley Junior High School when a piece of equipment used by the football team he was sitting on collapsed without warning. Elkins sustained injuries, including a fracture to the orbital floor of the left eye and multiple fractures to the nose and to both cheek bones, according to the suit. Tippett claims her son's medical bills exceed $50,000 for his injuries. She is seeking compensatory damages.
Case number: 10-C-1422

Terri Ricketts vs. C.O. Kesner, individually and in his official capacity as a correctional officer of the Eastern Regional Jail; C.O. Bullock, individually and in his official capacity as a correctional officer of the Eastern 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- Carrie Webster
* Ricketts claims during her incarceration in the Eastern Regional Jail, she was sexually harassed and abused by Kesner and Bullock. She is seeking compensatory and punitive damages.
Case number: 10-C-1424

Elder Joel Chavel vs. East Cumberland LLC
PA- Kevin B. Burgess; J- Tod J. Kaufman
* On April 15, Chavel was an employee at East Cumberland assigned to cut timber at a job site in Pikeville, Ky. He claims he was injured while cutting the timber when the gas-powered chain saw burst into flames. He is seeking compensatory damages.
Case number: 10-C-1425

Aug. 11
Ermel L. Deulley and Elneta J. Deulley, his wife; Carl E. Douglas and Karen L. Douglas, his wife; Dolores A. Frazier, executrix of the Estate of William P. Frazier, deceased; Marian J. Koller, executrix of the Estate of George J. Koller, deceased; Edward D. Leasure Jr., executor of the Estate of Edward D. Leasure Sr., deceased; Cindy Zajac, executrix of the Estate of Lester F. Mackey, deceased; Patricia A. Naegele, executrix of the Estate of David C. Naegele Sr., deceased; Franklin D. Pennington and Jennie S. Pennington, his wife; Leroy Slappy Jr. and Ruth Slappy, his wife; Harold Thomas and Sharon Thomas, his wife; Dorothy Jean Vincenti, executrix of the Estate of Thomas G. Vincenti, deceased; Michael A. Wadas II, executor of the Estate of Michael A. Wadas, deceased; Doris Wells, administratrix of the Estate of Harry F. Wells, deceased vs. 20th Century Glove Corporation of Texas, A.O. Smith Corporation, Ajax Magnethermic Corporation et al.
PA- David P. Chervenick, Bruce E. Mattock, Lee W. Davis, Scott S. Segal; J- visiting judge
* The 18 plaintiffs claim that the 147 defendants are responsible for their lung injuries. They are seeking jury trials to resolve all issued involved in their cases.
Case number: 10-C-1428, 10-C-1429, 10-C-1430, 10-C-1431, 10-C-1432, 10-C-1433, 10-C-1434, 10-C-1435, 10-C-1436, 10-C-1437, 10-C-1437, 10-C-1438, 10-C-1439, 10-C-1440

Barbara Carr vs. Verizon Services Corp.; Verizon West Virginia, Inc.; and Donald Cunningham
PA- Lonnie C. Simmons, Heather M. Langeland; J- Charles King
* On April 26, 1999, Carr was hired by the defendants' predecessor as a consultant, but was forced to downgrade to a general clerk after she was involved in a serious car accident in 2004. Carr claims she was involved in two other car accidents and was diagnosed with fibromyalgia between 2004 and 2008. By October 2008, Carr was unable to walk without the aid of crutches, but was still able to perform the essential functions of her job, according to the suit. On June 15, 2009, Carr claims her employment was terminated because of her fibromyalgia and other injuries. Carr is seeking compensatory and punitive damages.
Case number: 10-C-1441

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