WEST VIRGINIA RECORD

Nov. 23
Carolyn Kostival, personal representative of the estate of Donna I. Williamson vs. Wheeling Hospital Inc. aba Wheeling Hospital
PA- Andrew L. Paternostro; Jeff D. Stewart; J- Gaughan
* Kostival is the mother of the deceased Williamson, who went to the hospital on March 13, 2009 and remained there for treatment until March 29, 2009. Appropriate assessment and monitoring was not provided when pressure wounds were first noted on March 15, 2009, and worsened over her stay. She claims the hospital failed to comply with plaintiff's resident rights related to the use of restraints or to modify her plan of care. Bodily injuries resulted. Wrongful death benefits, attorney fees and punitive damages are sought.
Case number: 10-C-411

Anthony and Associates vs. Electrical Contractors Supply Co.
PA- Erik A. Schramm; J- Wilson
* Plaintiff's counsel sent a certified letter that was returned unclaimed on Sept. 21, 2010. As of Nov. 23, 2010, $73,614.09 remains owing on defendant's account. Judgment is demanded with interest along with court costs and attorney fees.
Case number: 10-C-412

Briann N. Frangos, individually and as natural mother and next of friend of Brier A. Frangos vs. Ohio County Board of Education
PA- Donald J. Tennant, Jr.; John J. Pizzuti; J- Wilson
* While in third grade gym class, Brier Frangos suffered a right arm fracture in a hockey game. His mother says the teacher should have known the student perpetrator had a propensity of "bullying" behavior. Compensatory damages are demanded.
Case number: 10-C-413

Brian Felici vs. Ohio Valley Health Services and Education Corporation and American Healthcare Solution
PA- David A. Jividen; Chad D. Haught; J- Gaughan
* The parties entered into a written contract when Felici was retained as President and Chief Executive Officer of OVHS&E. The three-year contract states that employment is subject to termination without just cause. OVSH&S is still required to pay compensation benefits for the duration of the contract. Defendant agreed to pay plaintiff an annual rate of $303,000. American Healthcare interfered causing the payments and benefits due plaintiff to cease. Judgment is demanded, jointly and severally, together with costs and fees.
Case number: 10-C-414

Nov. 24
Joseph Tarantini vs. John Hancock Life Insurance Company (U.S.A.)
PA- Robert P. Fitzsimmons; Robert J. Fitzsimmons; J- Gaughan
* On Dec. 31, 1973, plaintiff purchased a whole life policy in the face value amount of $10,000. This policy included an 'Automatic Premium Loan" provision for which the premiums would be paid at annual intervals in the amount of $261.40. Defendant failed to implement the automatic payment provision despite the policy having a sufficient cash value. Compensatory and punitive damages are sought together with costs to prosecute this action.
Case number: 10-C-415