CIVIL FILINGS: Kanawha County

by Kyla Asbury |
May 27, 2011, 2:30am

May 11
Phillip E. Ross vs. West Virginia-American Water Company d/b/a West Virginia American Water, a West Virginia corporation
PA- Marvin W. Masters, Christopher L. Brinkley; J- Tod J. Kaufman
* The Clendenin man claims a leak developed in a water line owed, operated and maintained by the defendant that runs across the front of his property. On July 14, 2010, Ross claims a major slippage occurred on his property because of the leak. He is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-765

May 12
Henry Goss, individually and on behalf of the Estate and Wrongful Death Beneficiaries of Ethel Goss vs. HCR ManorCare, Inc.; Heartland of Beckley WV, LLC; HCR Manorcare West Virginia Properties, LLC; Manor Care, Inc.; HCR Manor Care Services, Inc.; Health Care and Retirement Corporation of America, LLC; Heartland Employment Services, LLC; Jo Claire 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.
* Ethel Goss was a resident of the defendants from March 31, 2009, until May 14, 2009. Her son claims the defendants were negligent in caring for his mother. He is seeking compensatory and punitive damages.
Case number: 11-C-775

May 13
Stacy Myers vs. West Virginia Department of Health and Human Resources and Robert Cramer
PA- Paul M. Stroebel; J- Jennifer Bailey
* Myers was receiving benefits from various WVDHHR programs and was assigned Cramer as her case worker. She claims during a meeting with Cramer he asked her to expose her breasts. Myers felt pressure to comply or risk losing her benefits, according to the suit. Myers is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-780

Joey E. Gibson and Cindy L. Gibson vs. JPMorgan Chase Bank, N.A.
PA- Daniel F. Hedges; J- James C. Stucky
* The Gibsons claim the defendant breached its fiduciary duty and participated in unlawful debt collection. They are seeking compensatory and punitive damages.
Case number: 11-C-786

Dewey M. Bostic and Lindsay Bostic vs. JPMorgan Chase Bank, N.A.
PA- Daniel F. Hedges; J- Louis H. Bloom
* The Bostics claim the defendant breached its fiduciary duty and participated in unlawful debt collection. They are seeking compensatory and punitive damages.
Case number: 11-C-787

May 16
Cynthia Fite, administratrix of the Estate of Austin C. Runyon, a deceased minor vs. West Virginia Department of Commerce, Division of Natural Resources
PA- Bert Ketchum, Christian R. Harris; J- Tod J. Kaufman
* The Pike County, Ky., woman claims her son drowned in Chief Logan State Park's swimming pool on Aug. 13, 2010. Fite claims the defendant only had one lifeguard on duty to watch over and provide safety for the people swimming in the pool and participating in swim-related activities. Fite is seeking compensatory damages.
Case number: 11-C-790

Ernest R. Johnson vs. Massey Coal Services, Inc., and Elk Run Coal Company, Inc. d/b/a Republic Energy
PA- Todd S. Bailess, Joy B. Mega; J- Paul Zakaib Jr.
* Johnson was employed by the defendants from Feb. 24, 2006, until Dec. 17, 2009. He claims the defendant failed to pay his employment wages within 72 hours of discharge. He is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-791

Luther Marcum vs. West Virginia Division of Corrections
PA- Larry O. Ford; J- Tod J. Kaufman
* On April 9, 2010, Marcum was an inmate at St. Marys Correctional Center in Pleasants County and was assigned to operate a grinding machine. He claims while operating the machine, a guard on the grinder gave way, resulting in his finger becoming partially severed. He is seeking compensatory damages.
Case number: 11-C-793

May 17
James Woodrow Carnes vs. 3M Company; A.O. Smith Corporation; A.W. Chesterton Company; et al
PA- Bronwyn I. Rinehart, Victoria L. Antion, Scott A. McGee, John D. Hurst; J- visiting
* Carnes claims the 53 defendants are responsible for his mesothelioma. He is seeking a jury trial to resolve all issues involved.
Case number: 11-C-799

May 18
Diana Davey vs. West Virginia-American Water Company
PA- Marvin W. Masters, Christopher L. Brinkley; J- James C. Stucky
* On July 14, 2010, a major land slippage occurred on Davey's property due to a leak that had developed in a water line owned, operated and maintained by the defendant. She is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-807

David Kelly vs. Superior Carriers, Inc.
PA- Larry O. Ford; J- Paul Zakaib Jr.
* On Dec. 28, 2008, Kelly was injured in an accident arising during the course of his employment with the defendant, so he applied for and received worker's compensation benefits. He claims on June 17, 2009, while he was off work receiving temporary total disability benefits, he received notification that his employment was being terminated. He is seeking compensatory and punitive damages with interest.
Case number: 11-C-810

May 19
Beverly Eikler vs. Blizzard Custom Cycle Supply
PA- Paul K. Reese; J- Charles E. King
* Eikler was employed by the defendant as an office assistant from May 13, 2010, until May 27, 2010. She claims Ron Blizzard, the CEO of Blizzard Custom Cycle Supply, began to sexually harass her. She is seeking compensatory and punitive damages.
Case number: 11-C-811

Francis Davis and Doris Davis, his wife vs. A.O. Smith Corporation; A.O. Smith Water Products; Accent Bearings Co., Inc.; et al
PA- Bronwyn I. Rinehart, Patrick J. Timmins; J- visiting
* The Davises claim the 116 defendants are responsible for Mr. Davis' mesothelioma. They are seeking compensatory and punitive damages.
Case number: 11-C-823

Denver Milam vs. Cabot Oil & Gas Corporation; GasSearch Drilling Services Corporation; and Roger Dial, individually and as employee/agent of GasSearch Drilling Services Corporation
PA- William M. Tiano; J- Jennifer Bailey
* On May 21, 2009, Milam was tripping out a well using a rig which was owed by Cabot. He claims the defendants allowed him to work with a drilling rig that was operated in an unsafe condition. He is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-825

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