CIVIL FILINGS: Kanawha County

by Kyla Asbury |
May 13, 2011, 2:30am

April 21
John Doe, a minor, by his next friend, Renee Hatfield vs. City of Charleston
PA- Thomas A. Rist, John F. Rist III; J- Jennifer Bailey
* In April 2009 Doe was 15 years old and was visiting his uncle in Washington Manor Apartments. He claims while waiting for a taxi to take him home, he was shot in the head by someone who intended to rob him. The defendant failed to take any measures to make a known and unreasonably dangerous apartment complex safe, according to the suit. Doe is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-652

April 27
Larry I. Nolen and Annie B. Nolen vs. 3M Company; 4520 Corporation, Inc.; A.O Smith Corporation; et al
PA- Victoria Antion Gary W. Kendall; J- visiting
* The Collinsville, Va., couple claims the 137 defendants are responsible for Mr. Nolen's mesothelioma, of which he was diagnosed on Feb. 24. They are seeking a jury trial to resolve all issues involved.
Case number: 11-C-691

Charles E. Gipson and Esther Laverne Gipson vs. 3M Company; A.O. Smith Corporation; A.W. Chesterton Company; et al
PA- Victoria Antion, Scott A. McGee, John D. Hurst, Bronwyn I. Rinehart; J- visiting
* The Flatwoods, Ky., couple claims the 57 defendants are responsible for Mr. Gipson's lung cancer, of which he was diagnosed on May 15, 2010. They are seeking a jury trial to resolve all issues involved.
Case number: 11-C-692

Edward L. Comer and Barbara Comer vs. 3M Company; 4520 Corporation, Inc.; A.O. Smith Corporation; et al
PA- Victoria Antion, Gary W. Kendall; J- visiting
* The Highland Springs, Va., couple claims the 143 defendants are responsible for Mr. Comer's mesothelioma, of which he was diagnosed on March 8. They are seeking a jury trial to resolve all issues involved.
Case number: 11-C-693

April 28
Carey McCullough vs. Brown Electric Co. Inc. and Shaea Tolliver
PA- Walt Auvil; J- Charles E. King
* McCullough was employed by the defendants from March 24, 2008, until she was laid off on Sept. 17, 2009, and then again from Dec. 8, 2009, until she resigned from her employment on March 8, 2010, as a safety manager. She claims when she was laid off a man named Scott Haynie replaced her, even though she was told there were no open job assignments. She also names Haynie has no formal degree in the field of safety and was paid more than she was. She is seeking compensatory and punitive damages.
Case number: 11-C-696

April 29
Janice Lynn Estep vs. Dolgencorp, Inc.
PA- Scott W. Andrews, Michael C. Alberty; J- Jennifer Bailey
* The defendant owns and operates a Dollar General Store in St. Albans. On April 30, 2009, Estep went to the Dollar General and after taking a few steps into the store, slipped and fell on an extremely slippery section of the floor. She claims there were no signs to warn her of the condition and no one verbally warned her of it. She is seeking compensatory and punitive damages.
Case number: 11-C-697

Kelly Watson, individually and as mother and next friend of Nevaeh Miller, a minor vs. Southridge Grand Prix and Family Fun Center, LLC
PA- Larry L. Rowe; J- Louis H. Bloom
* On May 1, 2009, Miller was injured and permanently scarred in a collision involving go-carts at the Southridge Grand Prix and Family Fun Center. Watson claims the defendant failed to oversee the go-carts' safe operation. She is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-703

James Butler, individually and on behalf of the Estate and Wrongful Death Beneficiaries of Dorothy Butler vs. HCR ManorCare, Inc.; ManorCare, Inc.; HCR ManorCare West Virginia Properties, LLC; HCR ManorCare Services, Inc.; Heartland Employment Services, LLC; Heartland of Beckley WV, LLC; Health Care and Retirement Corporation of America, LLC; Jo Clair Hanshew; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Heartland of Beckley)
PA- James B. McHugh, Michael J. Fuller Jr., Amy J. Quezon, D. Bryant Chaffin; J- Paul Zakaib Jr.
* Dorothy Butler was a resident of the defendants from March 24, 2007, until May 2, 2009. James Butler claims she suffered injuries and damages while she was a resident. He is seeking compensatory and punitive damages.
Case number: 11-C-704

May 2
Tamara Eubanks vs. Management and Training Corporation and Beverly Williams
PA- Shannon M. Bland; J- Jennifer Bailey
* Eubanks was employed by the defendants and claims she was discriminated against because of her age and race. She is seeking compensatory damages.
Case number: 11-C-706

Emily Lamb and George Lamb, husband and wife vs. Charleston Area Medical Center and Abell Elevator Service Company d/b/a Oracle Elevator Company
PA- Brent K. Kesner, Sara A. Jones, Kevin C. Harris, Eric J. Holmes; J- Tod J. Kaufman
* On July 1, 2010, Mrs. Lamb was at Charleston Area Medical Center when an elevator door closed on her left hand, causing crushing injuries. The couple claims there were no signs or other warnings to advice Mrs. Lamb or others of the dangerous and hazardous condition of the elevator. They are seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-707

Kermelia R. Nesselrodt vs. McDonald's Corporation and McDonald's Restaurants of West Virginia, Inc.
PA- John Kennedy Bailey; J- Charles E. King
* On May 4, 2009, Nesselrodt was in the women's restroom of the McDonald's restaurant in Belle when she slipped and fell due to a slippery area in the floor. She is seeking compensatory damages.
Case number: 11-C-708

May 3
Brenda and Clyde Stephenson vs. West Virginia-American Water Company d/b/a West Virginia American Water; and American Water Works Service Company, Inc.
PA- W. Jesse Forbes; J- Paul Zakaib Jr.
* On May 4, 2009, a water main blew/ruptured in a water line owned, operated and maintained by the defendants in front of the Stephenson's home, which caused flooding in their property. The Stephensons claim they began calling the defendants in the early morning hours between 2 a.m. and 3 a.m. to report the blowing of the main water line and the flooding of their property, but the defendants did not come to repair the water line until after 9 a.m. The Stephensons are seeking compensatory and punitive damages.
Case number: 11-C-711

Elizabeth Hager and Gary Hager vs. the City of St. Albans, W.Va.; and St. Albans Municipal Utility Commission
PA- Harry F. Bell Jr.; J- Tod J. Kaufman
* On May 4, 2009, a storm sewer owned and maintained by the defendants overflowed and caused plumbing pipes in the Hager's residence to burst. They claim it happened again on May 25, 2009 and July 21, 2010. They are seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-712

Steven Fields vs. United Healthcare Services, Inc.
PA- Michael J. Del Giudice; J- Jennifer Bailey
* In early 2010, Fields was having difficulty with his lower back and was sent to Dr. Anthony M. Alberico, who advised him of a procedure in which he would implant an "X-stop" at Fields' L4-L5 vertebrae. Alberico told Fields that he would check to see if the procedure was covered under his insurance. Fields claims he told the physician that if it was covered, he wanted to have it done, but if it was not covered, he did not want to have it done because he could not afford it. Fields claims an employee of the defendant's told Alberico's office that the procedure was covered, so he had the surgery done. After the procedure was completed, the defendant denied coverage for the procedure. Fields is seeking compensatory and punitive damages.
Case number: 11-C-714

May 4
John Hizer vs. West Virginia-American Water Company d/b/a West Virginia American Water
PA- Marvin W. Masters, Christopher L. Brinkley; J- Paul Zakaib Jr.
* Sometime prior to July 14, 2010, a leak developed in a water line owned, operated and maintained by the defendant. Hizer claims he discovered the leak on July 14, 2010, because a major land slippage occurred at the back of his property and his neighbor's property. He is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-722

May 5
Elizabeth A. Blackburn vs. Consumer Portfolio Services, Inc.
PA- Wesley Harrison White; J- Paul Zakaib Jr.
* Blackburn claims the defendant engaged in repeated violations of the West Virginia Consumer Credit and Protection Act. She is seeking compensatory and punitive damages.
Case number: 11-C-726

Theresa Ann Norwalk vs. Tim Hortons USA, Inc.; L&S Coffee, Inc. d/b/a Tim Hortons; and Beverly Lasater
PA- Todd S. Bailess, Joy B. Mega; J- Charles E. King
* On Aug. 15, 2009, Norwalk began her employment with the defendants. On Feb. 26, 2010, she discovered she was pregnant and two days later, informed Lasater, according to the suit. Norwalk claims in February 2010 she worked the overnight shift, so the following month she requested to switch shifts because of lifting requirements during the overnight shift. She claims Lasater eventually transferred her to the morning shift, but began reducing her work hours. On April 4, 2010, she was informed by Lasater that "it was not working out and to come back after the baby was born," according to the suit. Norwalk claims her employment was terminated because she was pregnant. She is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-728

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