West Virginia Record

Feb. 22
Richard Lee Fischer and Shelby Haley Fischer vs. Joseph Michael Petersen, M.D., and Ohio Valley Surgeons, Inc.
PA- Kathleen J. Fantazzi; J- Wilson
* An excision of a lipoma and node of the left posterior neck was performed on Nov. 21, 2008. Richard Fisher was evaluated by Dr. Steven Shook at the Cleveland Clinic on Jan. 15, 2009. He performed an EMG that revealed a left spinal nerve neuropathy. Dr. Petersen failed to identify and protect the spinal accessory nerve. As a result of this negligence, defendant has a permanent deformity in the form of a winged scapula that causes functional limitations. Plaintiff demands a trial by jury.
Case number: 11-C-57

Feb. 25
Michael Lattocha vs. Crawford & Company
PA- Sandra K. Law; J- Wilson
* Plaintiff worked for Crawford in 2004 as an insurance adjuster. He was to be paid a 35 percent commission. This agreement was confirmed in writing by his supervisor Bruce Shane. Unauthorized reductions to plaintiff's paycheck were not valid and amount to a breach of contract. Judgment for unpaid wages is demanded.
Case number: 11-C-62

Feb. 25
Richard Greene vs. Crawford & Company
PA- Sandra K. Law; J- Wilson
* Plaintiff's salary was to be 35 percent of the average hourly rate of what he billed. This agreement was explained to him by his supervisor, Dan Hoover, in 2004. Unauthorized deductions were to plaintiff's pay check and constitute a breach of contract. A judgment is sought to award Greene is unpaid wages.
Case number: 11-C-63

March 1
Daniel Zavolta Sr., Irene Zavolta and Daniel Zavolta Jr. vs. Chad Henderson and COX Enterprises, Inc. a/k/a WTOV-TV 9
PA- Ronald W. Zavolta; J- Wilson
* Henderson operated a motor vehicle, owned by COX, in the scope of his employment with WTOV. On March 1, 2009, he caused a rear–end collision to a vehicle which plaintiffs were passengers. Serious permanent injuries and damages were sustained from this failure to yield. Medical expenses have yet to be determined. Compensatory damages are sought.
Case number: 11-C-65

Arretha Bradley vs. Heorhiy N. Halanesi and United Group Express Inc.
PA- James G. Bordas, Jr.; J. Zachary Zatezalo; J- Wilson
* Defendant Halanesi resides in Michigan. On Oct. 10, 2010, within the course of his employment, drove a tractor trailer into a car driven by plaintiff. As a direct result of this negligence, substantial injuries and damages were suffered. She believes some of her injuries are permanent and seeks judgment jointly and severally against defendants.
Case number: 11-C-66

March 2
Twila Williams vs. Guardian Elder Care at Wheeling LLC
PA- J. Marty Mazezka; J- Gaughan
*On Aug. 14, 2009, Williams moved a patient from a gurney to a bed. An injury to her lumbar spine resulted from the course of her employment as a certified nursing assistant. Guardian Care advised plaintiff, by letter dated Apr. 13, 2010, they could no longer accommodate her request for light duty work. She claims she was terminated on the basis of her disability. Compensatory and punitive damages are sought.
Case number: 11-C-68

March 3
Panhandle Cleaning & Restoration Inc. vs. Nardone Realty LLC
PA- Erik A. Schramm; J- Mazzone
* On July 23, 2010, defendant contracted with plaintiff for general architectural and engineering services for the proposed Nardone Chiropractic & Wellness Center in Benwood. The quoted lump sum price was $22,000, plus additional permit and survey fees. Defendant misrepresented to plaintiff their financial capacity to pay for contractual services. Plaintiffs have suffered damages by this failure to timely tender payment. Judgment, plus court costs with interest, is demanded from Oct. 6, 2010.
Case number: 11-C-69

March 4
Valley Grove Volunteer Fire Department, Inc. vs. Fred C. Hlad III, individually and d/b/a Allstate Construction and Ohio Farmers Insurance Company
PA- Scott S. Blass; J- Wilson
* On Nov. 27, 2007, Valley Grove entered into contract with Hlad for the construction of a new fire station in the amount of $751,100. Allstate breached its duty of care by failing to distinguish between the structural construction and material requirements of a simple grade- supported slab and a suspended interior structural floor. Surface water drainage resulted in damage to the building. Allstate failed to correct the deficiencies and complete its obligations. A jury trial is demanded on all issues under Performance Bond Number 0049683.
Case number: 11-C-72

March 7
Wheeling Jesuit University vs. Nicholas G. Tomacari
PA- Ward D. Stone, Jr.; J- Recht
* The defendant, while enrolled as a student at Wheeling Jesuit, incurred tuition charges for the 2007/08 semesters. Judgment is demanded for the remaining balance due and owing for $9,750.
Case number: 11-C-73

March 14
Joseph Tankovits III, John Tankovits, Denise Clayton and Le Ann Harris vs. Gary Glessner
PA- Paul J. Harris; J- Wilson
* This matter involves improvements to real property located adjacent to Interstate 70 at the Dallas Pike exit. Plaintiffs allege to own a one- half undivided interest in such improvements. The Court is asked to declare plaintiff as the lawful owner of one half of said improvements based on the expiration of tenant's 1987 lease.
Case number: 11-C-81

March 16
Ford Motor Credit Company LLC vs. Lori K. Disabato
PA- Steven B. Mulrooney; J- Gaughan
* Judgment was ordered that plaintiff recover from defendant, Lori K. Disabato aka Lori K. Meager, the sum of $25,782.73, plus interest at the rate of 5 percent per annum from Dec. 23, 2008.
Case number: 11-C-82

March 17
Brandy Johnson vs. Jan- Care Ambulance Service Inc. and Olin Leonard
PA- Gregory A. Gellner; Crystal Hawkins Castleberry; J- Mazzone
* Beginning March of 2010, while a supervisor employed by Jan- Care, Leonard began a campaign of sexual harassment against plaintiff. The behaviors included engaging in sexual intercourse during work hours; engaging in offensive physical touching, and using sexually suggestive, inappropriate, and vulgar language. These actions were directed toward the plaintiff when the two were in the presence of other employees. Johnson made several attempts to report this contact and complain to upper management, to no avail. She was forced to resign her position in May of 2010 because she found the situation extremely intolerable. Judgment against defendants for damages for severe pain and suffering are demanded.
Case number: 11-C-84