CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Feb. 4, 2011, 1:30am

Jan. 21
Kelly C. Davis vs. West Virginia Governor's Office of Economic Opportunity
PA- Mark A. Atkinson; J- James C. Stucky
* The Upshur County woman was employed by the defendant and claims she consistently performed her duties in a satisfactory manner and met the defendant's reasonable expectations. On Nov. 10, 2010, the defendant willfully, maliciously and unlawfully terminated Davis' employment, according to the suit. She is seeking compensatory damages with pre-judgment interest.
Case number: 11-C-127

Jan. 26
Ricky Frye vs. Diamond Used Cars, Inc.; Gordon Chenoweth; and WV United Federal Credit Union
PA- Kristina Thomas, David L. Grubb; J- Tod J. Kaufman
* On June 10, 2010, Frye purchased a 2004 Volkswagen Beetle form the defendant. He claims he was informed by Chenoweith that he had replaced the fender on the vehicle, but that it had no other problems. However, after the purchase, Frye discovered the vehicle had been totaled and had been designated as salvage. He claims he was then informed by his insurance company that the vehicle was not insurable and not legal to drive. He claims the defendants had actual knowledge of this information and failed to inform him. He is seeking compensatory and punitive damages.
Case number: 11-C-138

John Coats vs. Management and Training Corp. and Beverly Williams
PA- Shannon M. Bland; J- James C. Stucky
* Coats was employed by the defendants. He claims his employment was terminated because of his race and age. He is seeking compensatory damages.
Case number: 11-C-139

Harold L. Dobbins Jr. vs. Family Options Providers, Inc., and EIN Resources, LLC
PA- Stephen P. New; J- Jennifer Bailey
* The Raleigh County man was hired by the defendants in September 2005 as a chief executive officer. He claims he was off work due to surgery for bowel resection from June 2009 until September 2009. In May 2010, he claims he informed the defendants he would be off work six weeks for hernia surgery most likely in the fall. On Aug. 30, 2010, Cathy Walker came into Dobbins' office and placed an envelope on his desk, "stating that plaintiff was resigning," according to the suit. Dobbins claims the defendant stated there would be a severance package and they wanted him to have surgery before termination. He claims when he refused to resign, he was fired. He is seeking compensatory and punitive damages.
Case number: 11-C-142

Jan. 27
Mary C. Ross, individually and as executrix of the Estate if Fred Ross, decease vs. A.W. Chesterton Company; Aurora Pump Company; Buffalo Pumps, Inc. et al
PA- James A. McKowen, David P. Pavlik; J- visiting
* Mrs. Ross claims her husband died from mesothelioma on Oct. 18, 2010. She claims the 11 defendants are responsible for his diagnosis and death. She is seeking compensatory and punitive damages.
Case number: 11-C-146

Jan. 28
Kimberly Simmons vs. Taco Bell of America and Shawn Kidd
PA- Michael W. Carey, David R. Pogue, Mark A. Atkinson; J- Tod J. Kaufman
* The Ohio woman was employed by the defendant for approximately 30 years and claims she consistently performed her duties in a satisfactory manner and met the defendant's reasonable expectations. On July 21, 2010, Simmons' employment was terminated because of her age, according to the suit. Simmons is seeking compensatory damages with pre-judgment interest.
Case number: 11-C-152

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