CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Apr. 8, 2011, 2:30am

March 25
Garnet Phillips, personal representative of the Estate of George Phillips vs. Glenmark Limited Liability Company I d/b/a Valley Center; and Genesis Healthcare Corporation
PA- Andrew L. Paternostro, Jeff D. Stewart; J- James C. Stucky
* George Phillips was a nursing home resident of the defendants' nursing facility from Sept. 20, 2009, through Oct. 18, 2009. Garnet Phillips claims the defendants had a duty to protect George Phillips and failed to do so. She is seeking compensatory and punitive damages.
Case number: 11-C-494

Ricky Hicks and Kimberly Hicks vs. AT&T Corp and AT&T Communications of West Virginia, Inc.
PA- Brent K. Kesner, Kevin C. Harris, Eric J. Holmes; J- Jennifer Bailey
* On Aug. 26, 2009, Ricky Hicks was an employee of Brewer & Company and was servicing a fire alarm at the defendants' business premises when he fell in an oily and slippery substance and was injured. He is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-495

March 28
Ronald Eugene Withrow vs. 3M Company; A.C.F. Industries, Inc.; A.K. Steel Corporation; et al
PA- Bronwyn I. Rinehart; J- visiting
* The Ashland, Ky., man was diagnosed with asbestosis on March 28, 2010. He claims the 136 are responsible for the diagnosis. He is seeking a jury trial to resolve all issues involved.
Case number: 11-C-504

Cynthia Stewart vs. RSCR West Virginia, Inc.
PA- Michael L. Glasser, Sean W. Cook; J- Tod J. Kaufman
* Stewart was employed by the defendant. She claims in June 2010, she became aware that a patient had suffered abuse by staff members in violation of state and federal regulations and reported the incident to West Virginia Adult Protective Services. She claims after reporting the incident, she was confronted by management and discharged from her employment. She is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-506

Angela Black, individually and on behalf of the Estate and Wrongful Death Beneficiaries of Arcel Rose vs. HCR Manorcare, Inc.; Manor Care, Inc.; HCR Manor Care Services, Inc.; Health Care and Retirement Corporation of America, LLC; Heartland Employment Services, LLC; Heartland of Beckley WV, LLC; HCR Manorcare West Virginia Properties, LLC; Jo Claire Hanshew; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Heartland of Beckley)
PA- ; J- Louis H. Bloom
* Rose was a resident of the defendants' nursing facility from 2006 through 2009. Black claims Rose was neglected while living in the nursing home and died March 5, 2009. Black is seeking compensatory and punitive damages.
Case number: 11-C-507

March 29
Lendell C. Simmons and Patricia Simmons vs. A.W. Chesterton; Allied Glove Corporation; Beazer East, Inc.; et al
PA- Victoria Antion, Lawrence J. Tweel; J- visiting
* The Simmons' claim the 56 defendants are responsible for Mr. Simmons' lung cancer. They are seeking a jury trial to resolve all issues involved.
Case number: 11-C-509

David W. Miller, executor of the Estate of Carl E. Miller vs. 3M Company; A.W. Chesterton Company; Aurora Pump Company; et al
PA- Victoria Antion, Bronwyn I. Rinehart; J- visiting
* David Miller claims the 55 defendants are responsible for Carl Miller's lung cancer and death. He is seeking a jury trial to resolve all issues involved.
Case number: 11-C-510

Samantha Jones, administratrix of the Estate of Jerry Jones vs. Underwriters at Lloyd's, London, subscribers to Police No. J096183 and Commercial Insurance Services, Inc.
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III; J- Louis H. Bloom
* Following the death of Charleston Police Officer Jerry Jones, Samantha Jones filed a civil action against the estate of Brian Good for the wrongful death of her husband. She claims State Farm Insurance Company held the liability insurance coverage on Good's vehicle. After conducting an investigation into the events surrounding the death of Jerry Jones, State Farm paid its liability policy limits of $50,000 to Jerry Jones' estate. Samantha Jones claims since her husband was operating a vehicle owned by Charleston and was acting as an employee of the city, he was insured and/or assured under the Lloyds policy, but the defendant has denied the claims. She is seeking for the court to declare the claims for underinsured motorist coverage and medical payment coverage sough are covered under the policy.
Case number: 11-C-512

March 30
Sharon Oldaker, administrator of the Estate of Margaret Hughes, decease vs. Charleston Area Medical Center, Inc.
PA- Harold S. Albertson Jr.; J- Jennifer Bailey
* On March 4, 2009, Hughes was a patient in the hospital when she fell from her bed and was injured. As a result of her injuries, Hughes died May 12, 2009. Oldaker is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-515

Karl H. Lange and Dorothy E. Lange, his wife vs. 20th Century Glove Corporation; 4520 Corp, Inc.; Acme Brick Company; et al
PA- David P. Chervenick, Bruce E. Mattock, Lief J. Ocheltree, Scott S. Segal; J- visiting
* Karl Lange was diagnosed with asbestosis and mesothelioma. He and his wife claims the 184 defendants are responsible for the diagnosis. They are seeking compensatory and punitive damages.
Case number: 11-C-519

Mirna Carina (Dankiewicz) Suarez vs. HSBC Mortgage Services, Inc.; and John Doe Holder
PA- Jacklyn A. Gonzales, Daniel F. Hedges; J- Paul Zakaib Jr.
* Suarez claims the defendants induced her to enter into an exploitive, high-interest mortgage by misrepresenting that she would have a low-interest rate and low monthly payments. She is seeking actual damages and civil penalties.
Case number: 11-C-520

Larry Tabata, Dorothy Elkins, William Wells, Donald R. Holstein Jr. and Kay Kirk, on behalf of themselves and a class of all persons similarly situated vs. Charleston Area Medical Center
PA- Sean W. Cook; J- James C. Stucky
* The plaintiffs are current and former patients of CAMC. They claim their confidential information was publicized in the Internet in 2010 and that they hospital wrongfully disclosed their personal information without their consent. They are seeking monetary damages with pre- and post-judgment interest.
Case number: 11-C-524

March 31
Eulas Walker, individually and on behalf of the Estate and Wrongful Death Beneficiaries of Josephine Walker vs. AMFM, LLC; Commercial Holdings, Inc. k/n/a Commercial Holdings, LLC; Integrated Commercial Enterprises, Inc.; Manzanita Holdings, LLC; Manzanita Management, Inc.; Lifetree, LLC; Wisteria, LLC; Summers Nursing & Rehabilitation Center, LLC d/b/a Summers Nursing and Rehabilitation Center; Rick Shrewbury; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Summers Nursing and Rehabilitation Center)
PA- James B. McHugh, Michael J. Fuller Jr.; J- James C. Stucky
* On March 9, 2007, Josephine Walker was admitted to Summers Nursing and Rehabilitation Center and remained a resident there until April 12, 2009. She died on Sept. 26, 2010, as a result of injuries she suffered while in the defendants' facilities, according to the suit. Eulas Walker is seeking compensatory and punitive damages.
Case number: 11-C-525

Curtis Gene Davis vs. Select Portfolio Servicing, Inc.; and the Bank of New York Mellon
PA- Daniel F. Hedges; J- Charles E. King
* Davis claims the defendants persuaded him to enter into an exploitative high-rate mortgage loan and was involved in predatory lending practices. He is seeking actual damages and civil penalties.
Case number: 11-C-526

Grace A. Keaffaber vs. PWP Industries, Inc.; Davis Lewis; and Jacob Holcolm
PA- Tony L. O'Dell; J- James C. Stucky
* On May 19, 2010, Keaffaber was seriously and permanently injured while working for the defendant on a polypropylene extruder at its Mineral Wells production plant. She claims the defendants allowed the unsafe working condition to exist. She is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-530

Gregory and Patty Ballard, et al vs. Union Carbide Company; Dow Chemical Corporation; Elkem Metals Corporation; Globe Specialty Metals, Inc.; Globe Metallurgical, Inc.; and West Virginia Alloys, Inc.
PA- Thomas F. Urban II, Jared R. Woodfill, Wallace T. Ward III, Robert Summerlin; J- Louis H. Bloom
* The 34 plaintiffs claim the defendants caused them and their property to become contaminated with various hazardous substances. They are seeking compensatory damages.
Case number: 11-C-531




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