CIVIL FILINGS: Kanawha County

By Kyla Asbury | May 6, 2011

April 18
Matthew Riggins, individually and on behalf of the Estate and Wrongful Death Beneficiaries of Carlton Riggins vs. Genesis Healthcare Corporation, Joseph Triana, John Does 1 through 10 and Unidentified Entities 1 through 10 (as to Cedar Ridge Center)
PA- James B. McHugh, Michael J. Fuller Jr., D. Bryant Chaffin; J- James C. Stucky
* Carlton Riggins was a resident at Cedar Ridge Center from Aug. 8, 2010, until Oct. 22, 2010. Matthew Riggins claims the defendants caused his father's infections, a fracture and eventually his death on Nov. 13, 2010. He is seeking compensatory and punitive damages.
Case number: 11-C-624

April 25
Christina Austin vs. C.O. Everson, individually and in his official capacity as a correctional officer of the Tygart Valley 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- Jennifer Bailey
* Austin claims during her incarceration at Tygart Valley Regional Jail, Everson and Doe sexually harassed and abused her. She is seeking compensatory and punitive damages.
Case number: 11-C-659

Sharon Casto vs. Metlife Affiliated Insurance Agency, LLC
PA- Richard D. Lindsay; J- Louis H. Bloom
* In September 1977 and 1979, Larry Casto purchased two New England Mutual Life Insurance Company policies, which later merged with the defendant. Among the benefits included in the policies were accidental death benefits totaling $115,000, according to the suit. Casto claims the defendant refuses to pay her for her husband's accidental death benefits. She is seeking judgment in the amount of $115,000 with pre- and post-judgment interest and punitive damages.
Case number: 11-C-665

April 26
David K. Gillespie and David L. Gillespie vs. General Motors, LLC
PA- David L. Grubb, Cameron S. McKinney; J- Tod J. Kaufman
* On Aug. 15, 2008, the plaintiffs entered into a motor vehicle purchase contract with the defendant for the purchase of a 2008 Chevrolet Cobalt. They claim the vehicle was defective. They are seeking revocation of acceptance of the vehicle and compensatory damages with pre- and post-judgment interest.
Case number: 11-C-667

James Copley vs. United States Department of Energy and National Energy Technology Laboratory
PA- pro se
* Copley was employed by the defendants from 1985 until 1990. In June 1990 he claims he officially resigned from his employment to finish his master's degree in Business Administration. In July 2009, Copley desired to return to work and applied for a position with the defendants that was identical to his previous job with them, according to the suit. Copley claims he was told by letter that he did not qualify for the position, so he wrote a letter asking them to give specific reasons as to why he did not qualify, but the letter was never answered. Copley claims he was discriminated against. He is seeking compensatory and punitive damages.
Case number: 11-C-669

Charles J. Poloka and Alicia Poloka, his wife vs. A.O. Smith Corporation; Ajax Magnethermic Corporation; Allied Glove Corporation; et al
PA- Brian A. Prim; J- visiting
* The Polokas claim the 91 defendants are responsible for Mr. Poloka's lung cancer, of which he was diagnosed in January 2010. They are seeking compensatory and punitive damages.
Case number: 11-C-670

Peggy Lee Loudermilk vs. Food Masters Limited Liability Company d/b/a Mountaineer Pride Car Wash
PA- Charles M. Johnstone II, James F. Little; J- Paul Zakaib Jr.
* On April 22, 2010, the defendant cleaned Loudermilk's vehicle and sprayed air freshener inside of it. Upon receiving her vehicle, Loudermilk noticed a very strong chemical odor inside of it, but having never purchased the air freshener service before, she assumed its strong odor was normal and that it would soon dissipate, according to the suit. Loudermilk claims she drove home with the windows down to air out the interior of the vehicle, but had to stop twice and exit the vehicle due to being overcome by the strong odor. She claims she became ill by the time she arrived home and had to be transported to the emergency room at the hospital, where she was diagnosed with a chemical burn to her mouth, throat and lungs. The defendant sprayed a chemical, not an air freshener, into Loudermilk's vehicle, according to the suit. She is seeking compensatory and punitive damages.
Case number: 11-C-675

April 27
Robert Barnes, Annemarie Barnes and Salvatore Stazzone vs. Federal National Mortgage Association and Real Estate Central, LLC
PA- Kristina Thomas Whiteaker, David L. Grubb; J- Charles E. King
* The plaintiffs claim the defendants committed a series of unfair or deceptive acts or practices and sold them a home that "is an unremediated clandestine drug lab." They are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-687

Richard Lancaster and Frank Lancaster vs. Chesapeake Appalachia, LLC; H&H Oilfield Services, LLC; and Signal Completion Services, LLC
PA- Christopher J. Heavens, W. Perry Zivley Jr.; J- Louis H. Bloom
* The defendants were engaged in a Marcellus Shale natural gas well drilling operation in Avella, Pa., and the plaintiffs were in the scope of their employment with BBU Environmental Services on what is commonly known as the Joseph Powers well site. On Feb. 23 there was an explosion of the well site which resulted in a fire, according to the suit. The plaintiffs claim they were both injured in the explosion and fire. They are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-694

Deborah Barker vs. General Motors Corporation and C&O Motors
PA- Timothy J. LaFon; J- Paul Zakaib Jr.
* On Nov. 14, 2009, Barker purchased a 2009 Chevrolet Aveo from the defendants for $19,515.25. She claims the vehicle was defective. She is seeking compensatory damages.
Case number: 11-C-695

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