CIVIL FILINGS: Berkeley County

By Beth Henry | Nov 19, 2010

Oct. 26
Deborah Gardner vs. Little Giant Enterprises LLC, L.J. Remainder LLC and yet unnamed defendants, including parties responsible for design, construction and/or installation of the restaurant's public restroom fixtures
PA - William Becker; J - Groh
* The plaintiff claims she was severely injured at the defendants' Long John Silvers restaurant on Nov. 8, 2008, when the handicap hand rail she was holding onto in the women's restroom gave way. She claims the defendants were negligent and failed to maintain the premises in a safe and reasonable manner for those with physical disabilities. She is seeking at least $75,000 in compensatory damages and other relief.
Case number: 10-C-869

Angela N. "Nikki" McClain vs. Applebee's of Virginia Inc. and Mark Ambrutis
PA - Harry Waddell; J - Silver
* The plaintiff claims the defendants violated the West Virginia Human Rights Act and the defendants' own harassment policies when they fired her on July 22, 2010, after she reported multiple incidents of racial and sexual harassment in the Applebee's restaurant in Martinsburg. She is seeking an amount of relief to be determined.
Case number: 10-C-870

Jeannie Balderson, individually and on behalf of Brian Bolyard, vs. Allen Weese
PA - D. Michael Burke; J - Wilkes
* The plaintiff claims she and Bolyard, her minor son, were passengers in a vehicle that was struck head-on by the defendant's vehicle on Oct. 27, 2008, on Back Creek Valley Road in Berkeley County. Because of the Weese's negligence, Balderson was severely injured and suffered more than $43,000 in medical expenses, while Bolyard also suffered injuries and hospital expenses. The plaintiff is seeking an undetermined amount of relief.
Case number: 10-C-874

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