WEST VIRGINIA RECORD

May 20
Joseph J. Gulas and Betty Gulas vs. A.O. Smith Corporation; A.W. Chesterton Company; and Ajax Magnethermic Corporation et al
PA- Bronwyn I. Rinehart, Victoria L. Antion, Scott A. McGee, John D. Hurst; J- visiting
* The Clarksburg couple claims the 61 defendants are responsible for Mr. Gulas' lung cancer. They are seeking a jury trial to resolve all issues involved.
Case number: 11-C-831

Philip M. Rubin and Linda Rubin vs. John E. Gardner Construction Services, LLC; John E. Gardner; and Ferguson Enterprises, Inc.
PA- Guy R. Bucci, Mark A. Barney; J- Charles E. King
* In November 2010, the Rubins purchased plumbing fixtures and supplies for the purpose of remodeling the master bathroom in their home. They claim Ferguson Enterprises recommended Gardner to install the plumbing fixtures. The defendants were negligent in installing the fixtures, according to the suit. The Rubins are seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-832

Adam Jay Meadows vs. A Scooters & RV, LLC; Dimitri Chaber; and Ronnie Lee Prater
PA- Robert D. Cline Jr., Robert A. Campbell, R. Chad Duffield, Eric M. Hayhurst; J- Louis H. Bloom
* On Sept. 8, 2009, Meadows went to the defendants to purchase an ATV. He claims Prater offered to let him accompany him on the vehicle to show it to him. Prater then began to operate the ATV in a negligent and/or reckless manner, causing it to flip over and land on Meadows' leg, injuring him. Meadows is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-834

Tammy D. McCormick vs. Dara Porfeli Aliff D.O. and Charleston Area Medical Center, Inc.
PA- Charles M. Johnstone, Sarah A. Stewart; J- Paul Zakaib Jr.
* The Sod woman claims on March 25, 2009, she underwent a laparoscopic assisted vaginal hysterectomy, right peritubal cystectomy, bi-lateral salpingo-oophorectomy and cystotomy with cystotomy repair, which was performed by Aliff. McCormick claims Aliff cut her bladder during surgery and failed to adequately repair it. She is seeking compensatory damages with pre- and post-judgement interest.
Case number: 11-C-836

May 23
Autumn R., a minor under the age of 18, by and through her next friend, parent and guardian Lisa Shaffer vs. Andrew Ryan Nomar; the Billiards Club Corporation; John C. Mawyer; Michael J. Schultz; John Doe, apartment management company; and John Doe, apartment manager
PA- Troy N. Giatras; J- Tod J. Kaufman
* On May 23, 2010, Autumn R. was walking down the hallway in her apartment building when she was approached by Nomar, the stepson of the building's maintenance man. Nomar convinced Autumn R. to go into one of the apartment units with him where he was told her he was doing laundry. Upon entering the apartment unit, Nomar sexually assaulted Autumn R., according to the suit. She claims he later was charged with sexual assault and three counts of battery. She is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number 11-C-844

Jack L. Tawney and Frances E. Tawney, his wife vs. 3M Company; A.W. Chesterton Company; Aurora Pump Company; et al
PA- Bronwyn I. Rinehart; J- visiting
* The Tawyners claim the 65 defendants are responsible for Mr. Tawney's asbestosis. They are seeking a jury trial to resolve all issues.
Case number: 11-C-846

May 24
William E. Turner d/b/a Pison Management; and Kanawha Court Apartments vs. City of St. Albans
PA- David L. White; J- Tod J. Kaufman
* On May 25, 2009, the apartment complex owned and operated by the plaintiffs flooded with overflow sewer and storm water and was damaged. Turner claims the defendant negligently breached its duty to keep and maintain its storm and sewer drains on good working order. He is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-854

Shirley Chancey vs. Nilima R. Bhirud, M.D.
PA- Rudolph L. DiTrapano, Robert M. Bastress III, Lia DiTrapano Fairless; J- Jennifer Bailey
* On Jan. 7, 2007, Bhirud began caring for Chancey. Chancey claims Bhirud negligently failed to properly diagnose and treat him in that he was suffering from moderately differentiated squamous cell carcinoma of the left lung, which remained undiagnosed until June 2009. He is seeking compensatory damages.
Case number: 11-C-855

May 25
Joan W. Barton, executrix of the Estate of Howard William Barton vs. 3M Company; A.W. Chesterton Company; Aurora Pump Company; et al
PA- Bronwyn I. Rinehart; J- visiting
* Joan W. Barton claims the 65 are responsible for her late husband's asbestosis bilateral and death. She is seeking a jury trial to resolve all issues.
Case number: 11-C-859

Elizabeth Moore vs. West Virginia-American Water Company
PA- J. Michael Ranson, Cynthia M. Ranson; J- Paul Zakaib Jr.
* On Aug. 14, 2010, Moore exited a vehicle in which she was traveling as a guest passenger with the intent of visiting a yard sale on Washington Avenue. She claims she walked to a gravel and grassy area between the street and yard and stepped into a grass-covered water meter hole with no lid and was injured. She is seeking compensatory damages.
Case number: 11-C-860

V.P.H., a disabled and protected adult; and P.J.D., her mother and next friend and her guardian and conservator vs. West Virginia Paving, Inc.
PA- Larry L. Rowe; J- Tod J. Kaufman
* On May 26, 2009, V.P.H. was severely injured in a highway construction area when a vehicle in which she was a passenger veered off to the right side of a resurfaced but unmarked two-lane federal highway and went into a ditch at the shoulder of the roadway and there was channeled into a collision with a private driveway culvert. The plaintiff claims West Virginia Paving, Inc., negligently left the roadway surface center lines and edge lines unmarked and dangerous to roadway users. The plaintiff is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-863

May 26
Larry Michael Collins vs. Raleigh Manor Limited Partnership d/b/a Raleigh Center; Genesis Healthcare Corporation; Genesis Health Ventures of West Virginia LP; and Genesis Eldercare Rehabilitation Services, Inc.
PA- C. Benjamin Salango, Dan R. Snuffer; J- Louis H. Bloom
* On Nov. 30, 2010, Collins was transported by ambulance from Ruby Memorial Hospital and was admitted to the Raleigh Center for physical and rehabilitation therapy. On Dec. 8, 2010, a staff member entered Collins' room alone for the purpose of transferring him from his patient bed to a wheelchair by means of a Hoyer lift. Collins claims during the improper and unsafe transfer, the staff member lost control of the Hoyer lift and caused him to fall and sustain serious and permanent injuries. He is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-867

Christopher Saldivar vs. AVI Foodsystem, Inc. WVSC Culinary Services
PA- pro se; J- Charles E. King
* Saldivar was employed by the defendant. He claims he was discriminated against because he is a Mexican male over the age of 40. He is seeking compensatory and punitive damages.
Case number: 11-C-870

Mary W. Counts and Farley R. Counts vs. Jonathan W. Campbell; West Virginia Paving, Inc.; and Highway Safety, Inc.
PA- Kevin S. Kaufman; J- Tod J. Kaufman
* On June 1, 2009, Mrs. Counts was working as a flag person on a road construction project on Interstate 64 and was flagging traffic when she was struck by a vehicle being driven by Campbell and was injured. They are seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-872

Sarah Roseberry vs. Keith Day; Aramark Correctional Services, LLC; the West Virginia Division of Corrections; and John Doe
PA- Kerry A. Nessel, Timothy P. Rosinsky; J- Paul Zakaib Jr.
* Roseberry claims she was sexually assaulted, harassed and abused by Day during her incarceration. She is seeking compensatory and punitive damages.
Case number: 11-C-879

May 27
Cshawn Smith, on behalf of Chloe Anderson vs. Sun Healthcare Group, Inc.; Sabra Health Care REIT, Inc.; SHG Services, Inc.; Sunbridge Healthcare Corporation; Sunbridge Care Enterprises, Inc.; Sunbridge Mountain Care Management, Inc.; Atlantic Financial Group; Roger Davis; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to New Martinsville Healthcare Center)
PA- James B. McHugh, Michael J. Fuller Jr., Amy J. Quezon; J- Charles E. King
* In August 2009, Anderson was admitted to the defendants and remained a resident there until October 2010. Smith claims Anderson sustained pressure sores, falls, fractures, infections and overmedication while she was a resident of the defendants. He is seeking compensatory and punitive damages.
Case number: 11-C-880