CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Jan. 7, 2011, 1:30am

Dec. 8
Sam Hall vs. Spartan Mining Company d/b/a Mammoth Coal Company and Randy Thomas
PA- Roger D. Forman, Daniel T. Lattanzi; J- Louis Bloom
* Hall has worked for a number of the defendants' coal mines since 2005. He claims he has been harassed by both management and fellow miners because he is gay. He is seeking compensatory and punitive damages.
Case number: 10-C-2202

Dec. 14
Timothy Atchison vs. Novartis Pharmaceuticals Corporation
PA- Todd S. Bailess; J- Carrie Webster
* Atchison was employed by the defendant from May 23, 2008, until Sept. 24, 2010. He claims the defendant failed to pay his employment wages due at least once in every two weeks as required by law and also failed to pay his final wages within 72 hours. He is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 10-C-2233

Larry B. Gilland and Brenda K. Gilland vs. 3M Company; A.W. Chesterton Company; Aurora Pump Company et al
PA- Edwin W. Pancake, Victoria Antion; J- visiting
* The New Haven couple claims the 76 defendants are responsible for Mr. Gilland's lung cancer. They are seeking a jury trial to resolve all issues involved.
Case number: 10-C-2234

Dec. 15
David O'Neal and Nicole O'Neal, his wife vs. Hunter Trucking, Inc. and Big "E" Transfer, Inc.
PA- pro se; J- Paul Zakaib Jr.
* Mr. O'Neal was employed by Hunter Trucking as a coal truck driver. He claims on Dec. 19, 2008, while in the course of his employment, he operated a truck on Tom's Fork Road at the Samples Mine of Catenary Coal Company. He claims while driving the truck, the brakes failed, which caused the truck to increase in speed, turn over and crash. The O'Neals are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 10-C-2242

Dec. 16
Tammy Lewis vs. McDonald's
PA- Lia DiTrapano Fairless, Richard E. Hardison Jr.; J- James C. Stucky
* Lewis was employed by the defendant. She claims on Jan. 6, 2009, she was removing chicken nuggets from a refrigerator when the 50-pound door came off of its hinges and struck her in her right shoulder and head. She is seeking compensatory with pre- and post-judgment interest.
Case number: 10-C-2250

Dec. 17
Charleston Hospital, Inc., d/b/a St. Francis Hospital vs. Quentin K. Tanko, M.D.
PA- Ellen S. Cappellanti, Amber L. Hoback; J- James C. Stucky
* On March 17, 2008, Tanko entered into a contract with the hospital. Under the contract, the hospital advanced and loaned Tanko $214,878. The plaintiff claims Tanko breached the contract. The hospital is seeking judgment in the amount of $174,588, plus accrued interest in the amount of $11,415.
Case number: 10-C-2268

Charleston Hospital, Inc., d/b/a St. Francis Hospital vs. Cynthia Wesley, M.D.
PA- Ellen S. Cappellanti, Amber L. Hoback; J- James C. Stucky
* On Aug. 17, 2008, Wesley entered into a contract with the hospital. Under the contract, the hospital advanced and loaned Wesley $500,830. The plaintiff claims Wesley breached the contract. The hospital is seeking judgment in the amount of $417,358, plus accrued interest in the amount of $23,059.
Case number: 10-C-2269

Charleston Hospital, Inc., d/b/a St. Francis Hospital vs. Matthew J. Shaffer, M.D.
PA- Ellen S. Cappellanti, Amber L. Hoback; J- James C. Stucky
* On Jan. 21, 2008, Shaffer entered into a contract with the hospital. Under the contract, the hospital advanced and loaned Shaffer $232,961. The plaintiff claims Shaffer breached the contract. The hospital is seeking judgment in the amount of $160,161, plus accrued interest in the amount of $16,501.
Case number: 10-C-2270

Herbert J. Thomas Memorial Hospital Association d/b/a Thomas Memorial Hospital vs. Carl Barosso, M.D.
PA- Ellen S. Cappellanti, Amber L. Hoback; J- Paul Zakaib Jr.
* On Aug. 3, 2007, Barosso entered into a contract with the hospital. Under the contract, the hospital advanced and loaned him $518,929. The plaintiff claims Barosso breached the contract. The hospital is seeking judgment in the amount of $378,386, plus accrued interest in the amount of $40,433.
Case number: 10-C-2271

Dec. 20
Phillip Joe Waller vs. Parkway Mini Mall/Flea Market, LLC; and John Douglas Wheeler II
PA- Paul M. Stroebel; J- Carrie Webster
* On June 27, 2009, Waller was walking through the flea market when he engaged in conversation with Wheeler. He claims Wheeler became irate, so Waller asked to speak to the owner. Wheeler proceeded to pull out two knives and chase after Waller, according to the suit. Waller is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 10-C-2273

Dec. 21
Herald K. Wade, administrator of the Estate of William Darrell Wade vs. Medford Trucking, LLC; and Elk Run Coal Company, Inc.
PA- Robert P. Fitzsimmons, Clayton J. Fitzsimmons, Robert B. Warner; J- Paul Zakaib Jr.
* William Darrell Wade was employed by the defendants. On Feb. 2, 2009, William Darrell Wade was operating the No. 21 Kenworth coal truck when its brakes failed, forcing him to intentionally drive the coal truck into a ditch in order to stop. The defendants said they fixed the problem, according to the suit, so on Feb. 6, 2009, William Darrell Wade operated the same truck when the brakes failed again, causing him attempt to stop by driving it up an embankment. Herald K. Wade claims his father was pronounced dead upon arrival at Charleston Area Medical Center. He is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 10-C-2284

Melissa Scott, as personal representative of the Estate of Willard Brown, deceased, Sherry F. Brown, DaVonna Lynn Dillard, Autumn Brooke Scalise, individually and as parent and next friend of B.T.S. (a minor child) and K.G.S. (a minor child) vs. Mountaineer Gas Company
PA- Robert V. Berthold Jr., Christina L. Smith, Dennis W. Montoya; J- James C. Stucky
* On Dec. 26, 2008, the plaintiffs were asleep at a house located in Clay. Unknown to them, the house was heated by a defective and/or improperly maintained heating floor furnace, which caused them to be exposed to excessive amounts of carbon monoxide. The plaintiffs are seeking compensatory damages with pre- and post-judgment interest.
Case number: 10-C-2289

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