WEST VIRGINIA RECORD

Feb. 18
Chante Cook vs. C.O. Dowdy, individually and in his official capacity as a correctional officer of the West Virginia Division of Corrections; the West Virginia Division of Corrections; and John Doe, unknown person or persons
PA- Matthew J. Woelfel
* Cook claims while she was incarcerated at the Anthony Correctional Center in Greenbrier County, she was sexually harassed, sexually abused and sexually assaulted by Dowdy. She is seeking compensatory and punitive damages.
Case number: 11-C-270

James Jones vs. City of South Charleston
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III; J- Louis H. Bloom
* On July 17, 2009, while out walking, Jones stepped into a deep hole covered by grass and was injured. Jones claims he later learned that the hole was caused by a problem with the South Charleston sewer lying underneath the area where the hole was. He is seeking compensatory damages.
Case number: 11-C-279

Feb. 22
Ashley Taylor vs. the City of Charleston
PA- Michael L. Glasser; J- Charles E. King
* On Feb. 24, 2009, Taylor was driving a vehicle on Leon Sullivan Way at the intersection of Smith Street when she was struck at a high rate of speed by a vehicle being driven by Patrick Holley. Taylor claims at the time of the collision, an officer of the Charleston Police Department was engaged in a high speed chase of Holley. The decision of the Charleston Police Department to allow the high speed chase of Holley to take place was negligent, according to the suit. Taylor is seeking compensatory damages.
Case number: 11-C-291

Feb. 25
Tonya McClung vs. Primecare Medical of West Virginia, Inc.
PA- Paul M. Stroebel; J- Louis H. Bloom
* McClung was employed by the defendant as a nurse. She claims she had accumulated sick leave/vacation time when she informed her employer that she intended to take a new job sometime in the future. She claims it was her intention to provide the defendant proper notice and ample opportunity to replace her, but instead the defendant terminated her employment and refused to pay her for her accumulated sick leave/vacation time. She is seeking compensatory damages with pre- and post-judgment interest and liquidated damages.
Case number: 11-C-322

Russell Green III vs. Primecare Medical of West Virginia, Inc.
PA- Paul M. Stroebel; J- Charles E. King
* Green was employed by the defendant as a nurse. He claims for a time period of approximately one year, he was required to work hours beyond his normal shift for which he was not paid. He is seeking compensatory damages with pre- and post-judgment interest and liquidated damages.
Case number: 11-C-323

Robyn Hickman and Cami Hickman, her daughter vs. Timberline Four Seasons Resort Management Co., Inc. d/b/a Timbers Pub; Timberline Four Seasons Resort; and Shawn Foster
PA- Shannon M. Bland; J- Charles E. King
* On Feb. 26, 2009, Robyn Hickman was on the premises of Timberline Four Seasons Resort in Timbers Pub with Foster. She claims Foster was served alcohol for several hours and was intoxicated. While standing on the deck of the premises, just outside the pub's entrance, Foster began to brutally beat Robyn Hickman, according to the suit. She claims the pub failed to provide bouncers or any other security to aid her. The beating continued as Foster dragged Robyn Hickman by the hair of her head down the steps of the pub and to the parking lot, according to the suit. Cami Hickman had to quit school in order to assist in providing care for her mother. They are seeking compensatory damages.
Case number: 11-C-328

Feb. 28
Jefferson Hightower and Andrew Hightower vs. Phillip D. Surface, D.O.
PA- William M. Tiano; J- Louis H. Bloom
* On April 24, 2009, Mr. Hightower was drilling a piece of metal and suffered a small puncture would just below the nail bed of his left middle finger. Mr. Hightower claims he was treated for the wound by his family physician, and although the wound healed, the finger remained tender because there was a tiny bone chip beneath the surface of the skin, so he was referred to Surface. Following surgery on June 11, 2009, Mr. Hightower developed problems and was ultimately diagnosed with superimposed osteomylitis by a hand specialist in Louisville, Ky. The couple is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-330

March 1
Windelin Bowen vs. Target Corporation
PA- Paul K. Reese; J- Paul Zakaib Jr.
* On Feb. 24, 2009, Bowen seriously cut her right lower leg and was taken to Thomas Memorial Hospital and given 19 sutures. She claims when she was released, she was given a prescription for an antibiotic to fight any possible infection, which she then had filled at the Southridge Target Pharmacy. Instead of filling Bowen's Keflex prescription, the pharmacy provided her with an anti-seizure medication called Keppra, according to the suit. Bowen claims she was unaware of the mix up, and returned to the hospital in March when her leg was worse. She is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-341

March 2
Cathy L. Edens vs. Citifinancial, Inc.
PA- Bren J. Pomponio, Daniel F. Hedges; J- James C. Stucky
* On Oct. 5, 2004, Edens entered into a loan agreement with the defendant. She claims that despite having paid on the loan for five years, the defendant continues to represent in monthly statements that her existing balance is anywhere somewhere between $6,800 and $7,000. She is seeking actual damages and civil penalties.
Case number: 11-C-352

Janet Petitte vs. Knapp Hearing Aid Centers, LLC; Carla Sue Knapp; and Robert L. Knapp III
PA- Charles R. Webb; J- Charles E. King
* Petitte was employed by the defendants from Sept. 11, 2001, until Aug. 21, 2009 as a certified audiologist. She claims after the date of separate of her employment with the defendants, someone forged her name and credentials on workers' compensation claim forms without her permission or knowledge. She claims the defendants have collected in excess of an estimated $491,625 in gross revenue. She is seeking compensatory and punitive damages.
Case number: 11-C-353

Nancy Stewart, executrix of the Estate of David L. Grove vs. 3M Company; A.K. Steel Corporation; A.W. Chesterton Company; et al
PA- John Sutter; J- visiting
* Stewart claims the defendants are responsible for Grove's lung cancer and death. She is seeking a jury trial to resolve all issues.
Case number: 11-C-355

March 3
Tabitha Alvarez and Crystal Callahan, in their capacity as administrators of the Estate of Daniel Earl Callahan vs. State of West Virginia Regional Jail & Correctional Facility Authority; Joe DeLong, in his official capacity as executive director of the West Virginia Regional Jail & Correctional Facility Authority; Joseph C. Thornton, in his official capacity as cabinet secretary of Military Affairs and Public Safety; Primecare Medical, Inc.; Primecare Medical of West Virginia, Inc.; Antoine Katiny, M.D.; and Sandra Harlow
PA- Allan N. Karlin, Jane E. Peak, Sarah W. Montoro
* In 2008, Mr. Callahan was treated for seizure-like activity by the defendants. In 2009, he was treated again for seizures and on March 4, 2009, he was taken to United Hospital Center and then transferred to Charleston Area Medical Center for epilepticus. He was pronounced dead on March 6, 2009. The plaintiffs claim the defendants were negligent in caring for Mr. Callahan. They are seeking compensatory and punitive damages.
Case number: 11-C-363

Wilmer J. Sayre vs. Smith Company Motor Cars, Inc.
PA- Walt Auvil; J- Charles E. King
* Sayre was employed by the defendants from 1998 until August 2010. He claims he was told his employment was being terminated because he was a liability, which he believes was because of his age. He is seeking compensatory and punitive damages.
Case number: 11-C-367

March 4
Clark D. Williamson and Charles D. Williamson vs. the West Virginia Department of Public Safety/State Police, a statutory created public agency; and Joseph E. Williams and Patrick A. Jones, individually and in their capacity as police officers
PA- Mark Hobbs; J- Charles E. King
* On March 5, 2009, Williams and Jones traveled to Crooked Creek in Logan County in reference to shots fired at a dog and spoke with an individual who advised that he heard a gunshot that came from approximately four or five houses down, according to the suit. When the officers arrived at Charles D. Williamson's residence, they immediately handcuffed him and proceeded without just cause and without provocation to kicking and delivering blows to his back. The men claim Jones then proceeded to unnecessarily spray Clark D. Williamson with a burst of pepper spray. They are seeking compensatory and punitive damages.
Case number: 11-C-373

Pamela Sydnor and Philip Sydnor vs. Mazda Motor of America, Inc.
PA- Anthony M. Salvatore; J- Carrie Webster
* On Sept. 9, 2009, the Oak Hill couple purchased a new 2010 Mazda Speed 3 from the defendant for $23,945. They claim the vehicle is defective. They are seeking revocation of acceptance and refund of the purchase price; damages for repair costs; and damages for loss of use, annoyance and inconvenience.
Case number: 11-C-374