CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Mar. 25, 2011, 2:30am

Feb. 25
George Nichols vs. Railserve, Inc. and DuPont Filaments - Americas, LLC
PA- Greg A. Hewitt; J- Louis H. Bloom
* Nichols was employed by Railserve and was working at the Kanawha County DuPont location. On Oct. 30, 2009, he was injured when a DuPont employee released a toxic vapor. He is seeking compensatory and punitive damages.
Case number: 11-C-327

Feb. 28
Robert Adams vs. West Virginia Department of Agriculture and Janet Fisher
PA- Katherine L. Dooley; J- Paul Zakaib Jr.
* The Morgantown resident was employed by the defendant from 1984 until 2010. He claims Fisher terminated his employment because of his age. He is seeking reinstatement, back pay and benefits, front pay and compensatory and punitive damages.
Case number: 11-C-336

March 14
WVR Amusement, LLC vs. UTF Coin, LLC
PA- James C. Stebbins; J- Carrie Webster
* WVR Amusement claims it was recently awarded a judgment in the amount of $51,621.45 plus post-judgment interest against United Textile Fabricators. It claims the defendant is "very closely related to and/or an alter ego" of United Textile Fabricators. WVR Amusement is seeking judgment against the defendant for the amount of the prior judgment with interest and punitive damages.
Case number: 11-C-414

William B. Spurlock and Betty J. Spurlock vs. A.W. Chesterton Company; Amchem Products, Inc.; Aurora Pump Company et al
PA- William K. Schwartz; J- visiting
* The Hernshaw couple claims the 87 defendants are responsible for Mr. Spurlock's mesothelioma. They are seeking compensatory and punitive damages.
Case number: 11-C-415

Anna S. Jones vs. Beneficial West Virginia, Inc.; and Ralph Guynn
PA- John W. Barrett, Jonathan R. Marshall; J- Jennifer Bailey
* In 2000, Jones purchased a home using financing from American General and in October 2005, he applied to refinance her loan through Beneficial. She claims Guynn falsely appraised her home at $105,000, as the actual market value was far less. She claims Beneficial knew or should have known that the appraisal was inflated and that the loan was not supported by the value of the home. She is seeking actual damages and punitive damages with pre- and post-judgment interest.
Case number: 11-C-417

March 15
Clay Myers, as power of attorney for Raylene Evans vs. Nursing Care Management of America, Inc.; Harrell Memorial Nursing Home, Inc. d/b/a Meadowbrook Acres; Judy Hash; HR of Charleston, Inc. d/b/a Oak Ridge Center; and Genesis Healthcare Corporation
PA- Andrew L. Paternostro, Jeff D. Stewart; J- Paul Zakaib Jr.
* Myers claims the defendants were negligent in caring for his grandmother. He is seeking compensatory and punitive damages.
Case number: 11-C-422

Jimmy D. Rhodes vs. Nomac Drilling, LLC, an Oklahoma LLC; Chesapeake Appalachia, LLC, an Oklahoma LLC; and Chesapeake Energy Corporation, an Oklahoma corporation
PA- Brent K. Kesner, Daniel W. Greear, Kevin C. Harris, Eric J. Holmes; J- Charles E. King
* On Aug. 7, 2009, Rhodes was working as a derrick hand on Chesapeake's gas well in Marshall County when he was assigned to mix caustic soda with water in a homemade barrel. He claims the mixture exploded onto his face, mouth, upper body and thighs, knocking him backward and causing him to sustain significant burns to more than 20 percent of his body. He is seeking compensatory damages.
Case number: 11-C-423

March 16
Lucie A. Mellert and William J. Mellert vs. the City of Charleston, W.Va.
PA- Shawn R. Romano; J- James C. Stucky
* On March 22, 2009, Mrs. Mellert was attending an event at the Municipal Auditorium in Charleston and was walking down the balcony stairs when she fell. She claims the balcony stairs were a hazard because they did not have proper handrails or lighting that would have allowed for her to avoid falling. The couple is seeking compensatory damages.
Case number: 11-C-429

March 17
Michael A. and Beverly A. Kinsolving vs. Topcat Direct, Inc., d/b/a Direct Buy of Charleston-Huntington; Zachary Dye; and Timothy R. Parker
PA- Scott H. Kaminski; J- Jennifer Bailey
* On Feb. 13, 2009, the Kingsolvings made an initial down payment of $500 and became members of the Direct Buy of Charleston-Huntington. They claim between July 13, 2009, and March 29, 2010, they wrote numerous checks to Dye, who said he would see that the checks were deposited with Direct Buy on their account toward updating their kitchen. They claim the checks totaled at least $26,523.23, and that they eventually discovered Dye had never deposited the checks with Direct Buy. They are seeking compensatory and punitive damages.
Case number: 11-C-433

March 18
Patricia Kerns as next friend of Donald J. Via vs. Manor Care, Inc.; HCR Manorcare, Inc.; Heartland of Beckley WV, LLC; and Jo Claire Hanshew
PA- C. Benjamin Salango, Dan R. Snuffer; J- Carrie Webster
* On Dec. 16, 2009, Via was transported by ambulance from Raleigh General Hospital and admitted into Heartland of Beckley into room number G1A. Kerns claims during her father's admission, she noticed a sign posted on the entry door of the room mandating visitors check in at the nurses' station before entering the room. She claims she checked in at the nurses' station and inquired about the sign and was told the sign was placed on the door because the resident occupying the room was eccentric and did not like loud noises. Kerns left the facility trusting her father had been safely admitted into the room based on the nurses' representations, according to the suit. Kerns claims the following day she discovered the "'eccentric' resident" was infected by clostridium difficile, which is life-threatening, so she demanded her father be discharged from the facility, but the defendants refused to honor her request and her father was later diagnosed with the same disease. She is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-439

March 21
Taneisha Adams vs. Keith Watson d/b/a K & S Management, LLC (McDonald's Corporation franchise)
PA- William H. Harding; J- Tod J. Kaufman
* On July 18, 2010, Adams was a customer at the McDonald's restaurant in Dunbar when an employee of the restaurant knocked a wet floor sign over onto her foot. She claims the sign falling onto her foot injured her. She is seeking compensatory and punitive damages.
Case number: 11-C-448

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