CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Apr. 22, 2011, 2:30am

April 1
James Harold Cyrus and Michael Louis Kelly, co-executors of the Estate of Wade Hampton Kelly vs. 3M Company; A.W. Chesterton Company; American Wire & Cable Co.; et al
PA- Bronwyn I. Rinehart; J- visiting
* Cyrus and Michael Kelly claim the 103 defendants are responsible for Wade Kelly's stomach cancer and death. They are seeking a jury trial to resolve all issues involved.
Case number: 11-C-542

April 6
Pamela Toney vs. Innovative Mattress Solutions, LLC
PA- Marvin W. Masters, Charles M. Love IV; J- James C. Stucky
* On Jan. 8, 2010, Toney slipped and fell on the defendant's sidewalk. She claims it was negligently covered with ice and snow. She is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-562

April 7
Philip Robbins and Brittney Robbins vs. Benchmark Conference Centers of West Virginia, Inc. d/b/a Stonewall Resort; Benchmark Hospitality, Inc. d/b/a Benchmark Hospitality International; West Virginia Department of Commerce, Division of Natural Resources
PA- David A. Sims, Adam L. McCoy; J- Charles E. King
* Mr. Robbins was employed by the defendant as an electrician. On April 7, 2009, Mr. Robbins was told by his supervisor to change a light bulb in the pool area, which required him to use an extension ladder. He claims when he climbed the ladder and touched the light bulb, he was shocked and fell approximately 20 feet to a concrete area and was injured. The couple is seeking judgment against the defendants for all damages that are recoverable.
Case number: 11-C-568

The West Virginia Department of Agriculture vs. Jefferson County Development Authority
PA- Arden J. Curry II; J- Charles E. King
* On April 27, 2009, the Jefferson County Development Authority entered into a West Virginia Farmer's Market Matching Fund Grant Program contract. Pursuant to the grant program, the West Virginia Legislature appropriated certain funds which were to be administered by the plaintiff. The West Virginia Department of Agriculture claims it advanced the sum of $50,000 to the defendant in order for the defendant to develop the Farmer's Market. It claims the defendant was supposed to match the funds, but, it never collected or obtained matching funds and instead spent all or a substantial portion of the grant money the Department provided. It is seeking judgment in the amount of $50,000 with pre-judgment interest.
Case number: 11-C-569

C. Frank Mynes Jr. vs. McLain Surgical Supply, Inc.
PA- Michael L. Myers; J- Charles E. King
* On April 8, 2001, Mynes and the defendant entered into a written contract in which the defendant agreed to sell Mynes' medical equipment for him. Mynes claims the defendant failed and refused to perform its part of the contract and has also failed to either return the medical equipment or comensate him for the value of the equipment. Mynes is seeking compensatory damages in the amount of $8,045 and punitive damages.
Case number: 11-C-572

April 8
Brenda Fore and George Fore vs. Bank of America, N.A., as successor in interest to Countrywide Bank, N.A.; BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP
PA- Daniel F. Hedges, Jacklyn A. Gonzales; J- Jennifer Bailey
* The Fores claims the defendants engaged in predatory lending practices by soliciting them for an unwise high interest loan. They are seeking actual and punitive damages.
Case number: 11-C-580

April 12
Shirley A. Bradley vs. Discover Bank, Inc.
PA- Jacklyn A. Gonzales, Daniel F. Hedges; J- Paul Zakaib Jr.
* Bradley claims the defendant participated in illegal debt collection practices by making multiple contacts directly with her after it had knowledge of her representation by counsel. She is seeking compensatory and punitive damages.
Case number: 11-C-595

Cynthia A. Kittle and Kenneth Kittle vs. Charleston Town Center Garage, Inc.; Charleston Town Center Parking Limited Partnership; Charleston Town Center Company, Limited Partnership; and Network Parking Company, LTD
PA- Bernard E. Layne III; J- Charles E. King
* On July 7, 2010, Cynthia Kittle entered the Lee Street parking garage at the Charleston Town Center and parked her car in the metered parking area to the left of the mall entrance. She claims when she exited her vehicle, her foot became ensnared in a dark line of cable that was lying directly on the concrete ledge and caused her to fall. The couple is seeking compensatory and punitive damages.
Case number: 11-C-596

Ray Wolfe Jr., individually and as administrator of the Estate of Dorene L. Wolfe, deceased vs. Somes Chandra Guha, M.D.; and Charleston Hospital, Inc. d/b/a St. Francis Hospital
PA- Robert P. Welsh; J- Paul Zakaib Jr.
* On Feb. 8, 2009, Guha deviated from the applicable standard of care and was negligent in regard to Mrs. Wolfe's care, according to the suit. Mr. Wolf claims the defendants prematurely discharged his wife and allowed her condition to deteriorate, which resulted in her death on Feb. 28, 2009. Mr. Wolfe is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-599

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