CIVIL FILINGS: Kanawha County

By Kyla Asbury | Apr 1, 2011

March 21
Amy L. Cunningham, administratrix of the Estate of Michael A. Cunningham, deceased vs. Benchmark Conference Centers of West Virginia, Inc. d/b/a Stonewall Resort, a corporation; Benchmark Hospitality, Inc. d/b/a Benchmark Hospitality International, a corporation; and West Virginia Department of Commerce, Division of Natural Resources, a state agency
PA- Bert Ketchum; J- Paul Zakaib Jr.
* On May 29, 2010, the Taylor County woman's minor son was electrocuted at Stonewall Jackson Lake State Park. She claims the defendants failed to maintain the electric power to the marina and rental houseboat, which caused her son's death. She is seeking compensatory and punitive damages with pre-judgment interest.
Case number: 11-C-454

Jacqueline Smith vs. Excel Resources, LLC; Carolyn S. Light; and Rick Howell
PA- Walton S. Shepherd III; J- Paul Zakaib Jr.
* Smith claims Light has permitted Howell and Excel Resources to trespass outside the specified boundary of Light's property and onto Smith's property. She claims the defendants have damaged trees and shrubbery on her property in the approximate amount of $3,000. She is seeking compensatory and punitive damages.
Case number: 11-C-455

Charles W. Robinson vs. Walgreen Co.; M&M Development Company, Inc.; Sequoyah Limited, LLC; Horizon Site Work, Inc.; Asphalt Contractor's & Site Work, Inc.; and Nu Rentals, LLC
PA- Brent K. Kesner, Kevin C. Harris, Eric J. Holmes; J- Carrie Webster
* Robinson is the owner of an apartment building and tract of land in Cross Lanes. He claims the defendants were constructing a new Walgreens store adjacent to his property. On May 4, 2009 and June 3, 2009, rainfalls occurred and due to improper maintenance, drainage and diversions at the Walgreens construction site, muddy storm water was caused to collect and channel into the apartment building, according to the suit. Robinson is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-460

March 22
William B. DePaoli Jr. vs. Beazer East, Inc.; Crane Co.; Crown Cork and Seal Company, Inc.; et al
PA- Aaron J. DeLuca, Carla J. Guttilla; J- visiting
* DePaoli was diagnosed with malignant mesothelioma on Jan. 4. He claims the 14 defendants caused the lung disease. He is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-464

Bradley Caldwell, Inc. d/b/a Loveland Pet Products vs. DJR, LLC d/b/a Petland South Charleston
PA- Jennifer M. Palonis, Teresa K. Fuchs, Nathan A. Morgan; J- Tod J. Kaufman
* Caldwell claims the defendant opened an account with him on May 5, 2009. Between March 26 and May 16, 2010, Caldwell supplied the defendant with nine separate shipments of products. He claims the defendant has failed to pay for the products and owes $7,295.13. He is seeking judgment in the amount of $7,295.13 with interest.
Case number: 11-C-465

Edward L. Neese and Carolyn L. Neese vs. Bill Brown d/b/a Bill Brown Construction
PA- William E. Murray; J- Paul Zakaib Jr.
* The Lincoln County couple contracted with the defendants on Dec. 1, 2009, for the defendant to place a new roof on their home. The couple claims the work was done in a haphazard and un-workmanship manner and was done in violation of applicable building codes. They are seeking compensatory damages.
Case number: 11-C-467

Anthony Simpson and Gladys Simpson vs. Boll Medical, Inc.
PA- Richard D. Lindsay, Richard D. Lindsay II; J- Tod J. Kaufman
* On Oct. 29, 2010, Anthony Simpson was at Boll Medical for adjustments to his wheelchair. He claims an employee used excessive and negligent force to position his wheelchair and he heard his right leg pop loudly. Anthony Simpson was subsequently diagnosed as having sustained a fracture to his right leg, according to the suit. The couple is seeking compensatory and punitive damages.
Case number: 11-C-469

Layman B. Saltz and Patricia K. Saltz vs. 3M Company, Inc.; A.O. Smith Corporation; A.W. Chesterton Company; et al
PA- Victoria Antion, Aaryn Kemp; J- visiting
* Mr. Saltz was diagnosed with mesothelioma on Dec. 29, 2010. The couple claims the 37 defendants are responsible for the lung disease. They are seeking jury trial to resolve all issues involved.
Case number: 11-C-470

David L. Lottig Jr. vs. West Virginia State College
PA- pro se; J- James C. Stucky
* Lottig was a student at West Virginia State College. He claims when his mother became ill he made arrangements with his professors to make up his school work when he returned, but after his mother's death and upon returning to school, he was told he had missed too much school and would not pass his classes. He is seeking judgment in the amount of $20,000 to reimburse him for tuition.
Case number: 11-C-471

David L. Lottig Jr. vs. Aetna Building Maintenance, Inc.
PA- pro se; J- Carrie Webster
* Lottig was employed by the defendant. He claims his employment was terminated because he was singing loudly in the basement in the evening after he thought everyone had left. He is seeking damages in an amount to be determined by the court.
Case number: 11-C-472

March 24
Millie Williams vs. Arnold Amos, individually and in his official capacity as a correctional officer of the Southern Regional Jail; the West Virginia Regional Jail and Correctional Facility Authority, a corporate body and governmental instrumentality; and John Doe, unknown person or persons
PA- Matthew J. Woelfel; J- Charles E. King
* Williams claims Amos and Doe sexually abused, harassed and assaulted her. She is seeking compensatory and punitive damages.
Case number: 11-C-477

Debra C. Bowden vs. Huntington Bancshares, Inc.; the Huntington National Bank; Barry Dobson; and Richard Wallace
PA- Abraham J. Saad; J- James C. Stucky
* Bowden worked for the defendant and its predecessors for nearly 39 years. In November 2008 she suffered an "episode" due to a hiatal hernia, which caused her to have surgery, so she took leave pursuant to the Family Medical Leave Act. On March 23, 2009, Bowden claims she spoke with Dobson to inform him of the surgery and inquire about the status of her position and was advised the head of the Trust Department would determine the status of the position. Wallace then informed her the position had not been eliminated and was open for her to return. On May 20, 2009, Bowden was released to return to work by her physician, but when she returned the defendants terminated her employment. She is seeking compensatory and punitive damages.
Case number: 11-C-480

March 25
Ronald W. Cloherty and Debra L. Cloherty, his wife; David Edgell and Loretta Edgell, his wife; Betty I. Kucera; Livio M. Miller and Linda K. Miller, his wife; and Nathan Shrewsbury vs. 20th Century Glove Corporation of Texas; 4520 Corp., Inc.; Ajax Magnethermic Corporation; et al
PA- David P. Chervenick, Bruce E. Mattock, Scott S. Segal; J- visiting
* Mr. Cloherty, Mr. Edgell, Kucera and Shrewsbury were diagnosed with asbestosis and lung cancer, and Mr. Miller was diagnosed with asbestosis. They claim the 159 defendants are responsible for their diagnoses. They are seeking jury trials to resolve all issues involved.
Case number: 11-C-485, 11-C-487, 11-C-488, 11-C-489, 11-C-490

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