CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Apr. 29, 2011, 2:30am

April 12
John H. McCutcheon vs. Healy E. Baumgardner Nardone, formerly known as Healy E. Baumgardner
PA- Stacy A. Jacques; J- Carrie Webster
* In May 2008, McCutcheon and Baumgardner became engaged. McCutcheon claims the engagement ring he gave Baumgardner was valued in excess of $20,000. Baumgardner never intended to marry McCutcheon and subsequently broke off the engagement, according to the suit. McCutcheon claims Baumgardner failed to return the ring. He is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-598

April 13
Robert Maguire vs. West Virginia Department of Transportation Division of Highways; Paul A. Mattox Jr., secretary of Transportation/Commissioner of Highways; Darryl Parsons; and John Does 1-10, unknown employees of West Virginia Department of Transportation
PA- Nancy L. Dalby; J- Carrie Webster
* On June 14, 2007, Parsons and approximately 10 other employees of the defendant entered upon a portion of Maguire's property. He claims the defendants did not have written permission to enter private property. He claims the defendants destroyed trees, shrubs, grass and other vegetation on the property. He is seeking judgment in the amount of $164,210 with pre- and post-judgment interest.
Case number: 11-C-604

Joseph L. Moore vs. Alcan Rolled Products-Ravenswood, LLC and Pioneer Pipe, Inc.
PA- Anthony J. Majestro, C. Michael Bee; J- Charles E. King
* On May 11, 2009, Moore was performing maintenance duties when he was struck in the head with a pry bar and was injured. He is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-608

April 14
Mariel Garrett vs. Metro Drug Unit
PA- William H. Harding; J- Charles E. King
* On Dec. 30, 2010, members of the Metro Drug Unit seized $8,700 in U.S. Currency from Garrett at Yeager Airport in Charleston. Garrett claims a petition for forfeiture of property must be filed within 90 days of the seizure, which has expired. He claims there is no factual or legal basis to hold his property. He is seeking for the money to be returned to him within seven days.
Case number: 11-C-610

Shelley Lively and William Lively, in their individual capacities and as parents and next friends of Trystan Lively and Galina Lively vs. Roberts Fields Sr. and John Does 1-10
PA- David R. Karr Jr.; J- Paul Zakaib Jr.
* Shelley and William Lively claim over recent months their children have found themselves unnerved and placed in fear by vehicles displaying suspicious travel patterns. They claim vehicles have followed their children and have slowed down "to a crawl" when nearing the children. The Livelys are seeking compensatory and punitive damages.
Case number: 11-C-613

Justin Terwilliger vs. Simons Petroleum, Inc. d/b/a Maxum Petroleum; Petroleum Fueling, Inc. d/b/a Maxum Petroleum; Petroleum Products, Inc. d/b/a Maxum Petroleum; and Petroleum Transport, Inc. d/b/a Maxum Petroleum
PA- Mark A. Atkinson; J- James C. Stucky
* Terwilliger was employed by the defendants until Nov. 16, 2010. He claims he employment was wrongfully terminated. He is seeking compensatory and punitive damages with pre-judgment interest.
Case number: 11-C-614

April 15
The Estate of Susan Sawyers by administrator James Sawyers vs. Medtronic, Inc.; Unomedical, Inc., f/k/a Maersk Medical, Inc.; Convatec, Inc.; and John Doe, Inc.
PA- Paul M. Stroebel; J- Jennifer Bailey
* On April 18, 2009, Susan Sawyers was using a Medtronic insulin pump when she received an inappropriate and incorrect amount of insulin that resulted in her passing out and falling and striking her head with sufficient force to cause her death. James Sawyers claims the defendants' product was defective and dangerous. He is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-619

April 18
Stephanie Bego vs. Fred Pulido, M.D.; Mohammad Imani, D.P.M.; Jeffrey Shook, D.P.M.; Holzer Clinic, Inc.; and Holzer Hospital Foundation d/b/a Holzer Medical Center
PA- Charles M. Johnstone, Sarah A. Stewart; J- Louis H. Bloom
* On Feb. 23, 2009, Pulido performed surgery to correct a hammertoe deformity of Bego's bilateral second toes. During the course of removing the pins on April 13, 2009, Pulido observed that the pin he removed from her left foot was significantly shorter than the pin removed from her right foot. Bego claims when she questioned him about the different lengths of pins and asked for x-rays to make sure nothing had broken off inside of her foot, he only took Polaroid pictures of her foot. Bego sought other opinions from Imani and Shook, who discovered through x-rays that the pin was still in her foot. Imani advised her not to have surgery, so she went to Shook, who performed surgery but "evidently decided not to remove the pin from the plaintiff's foot," according to the suit. She is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-632

April 22
Donald Shomberg vs. General Motors Corporation
PA- Timothy P. Rosinsky; J- Carrie Webster
* On Sept. 5, 2007, Shomberg purchased a 2007 Chevrolet Silverado from the defendant. He claims the purchase price of the vehicle was $31,951.02 after a GM rebate of $3,000 and a bonus of $1,000. He claims within a short time of the purchase, he noticed three prevalent and significant defects with the vehicle and returned the vehicles for repairs, but the defendant failed to repair the defects. He is seeking compensatory damages.
Case number: 11-C-651

Mary Elizabeth Lawrence vs. Raines Imports, Inc. d/b/a Lester Raines Mitsubishi
PA- Shannon M. Bland; J- Tod J. Kaufman
* On Aug. 7, 2009, Lawrence had repairs made to the sunroof of her vehicle by the defendant. On Aug. 25, 2009, Lawrence claims she was traveling on Route 119 and began to pull the cover of her sunroof shut when glass began to fall from the sunroof into her eyes, causing her to lose sight of the road and rear end another driver. She claims the small pieces of glass were left in the cover following the repairs that were done by the defendant. She is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-653

Robert H. McComb vs. Johnny D. Walls II and the Town of Cedar Grove
PA- Thomas V. Flaherty, Timothy L. Mayo, Ryan A. Brown; J- Jennifer Bailey
* On Aug. 17, 2010, McComb and two friends were riding ATVs in Cedar Grove and upon returning home, McComb was stopped by Walls, who was on patrol in his Cedar Grove police cruiser. McComb claims Walls grabbed him and "violently slammed him to the pavement face-first." Walls' conduct was unreasonable and was done intentionally, maliciously and wantonly with callous disregard for McComb's constitutional rights and liberties, according to the suit. He is seeking compensatory and punitive damages.
Case number: 11-C-657

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