CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Jun. 17, 2011, 2:30am

June 2
Lou Ann Nelson vs. Go-Mart, Inc. d/b/a Go-Mart Food Stores
PA- Joseph K. Reeder; J- Carrie Webster
* On June 4, 2009, the Hurricane woman slipped on water, dirt and mud and fell at the defendant's St. Albans location. Nelson is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-911

June 3
Teri L. Roberts vs. Summit Community Bank, Inc.
PA- Mark A. Atkinson; J- Jennifer Bailey
* Roberts was employed by the defendant for approximately four and one-half years. She claims during her employment she consistently performed her duties in a satisfactory manner. On May 25, she was wrongfully terminated from her employment. Roberts is seeking compensatory and punitive damages with pre-judgment interest.
Case number: 11-C-915

Gregory A. Roush vs. Direct Service Remanufacturing, Inc.; Raleigh Mine and Industrial Supply, Inc.; and West Virginia Steel Corporation
PA- Mark A. Atkinson; J- Tod J. Kaufman
* On Oct. 28, 2010, Roush sustained serious and permanent injuries during the scope of his employment with the defendants. Roush is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-916

June 6
Phillip Duffield, and Dayton Thomas, as co-executors of the estate of Anthony Duffield vs. Penn Line Corporation and Josh Jeffries, individually and as agent/employee of Penn Line Corporation
PA- William M. Tiano, Tammy Bowles Raines; J- Louis H. Bloom
* On June 9, 2009, Anthony Duffield, who was employed by Penn Lines, was trimming tree limbs around power lines pursuant to the defendants' contract with First Energy Corporation. While trimming tree limbs, Anthony Duffield was electrocuted and died. The plaintiffs are seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-918

Kimberly Sutton vs. Harbor Freight Tools USA, Inc. and Steven Stuart
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone; J- James C. Stucky
* Sutton was employed by the defendants until July 19, 2010. She claims her employment was terminated because of her disability. Sutton is seeking reinstatement and compensatory and punitive damages.
Case number: 11-C-924

Shawn and Doreen Colbert vs. Freedom Homes
PA- Kevin M. Baker, Michael L. Glasser; J- Tod J. Kaufman
* During late 2007 and early 2008, the defendant cleared trees and placed a double-wide mobile home on property in Cross Lanes. The Colberts claim as a result of the clearing on the property owned by the defendant, their property began to be inundated with water runoff from the defendants' property, which caused damage. The Colberts are seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-926

June 7
Joyce H. Watson vs. Ntelos of West Virginia, Inc.; Amanda Doss; and Pam McGowan
PA- Mark A. Atkinson; J- Carrie Webster
* Watson was employed by the defendants. On May 28, she was wrongfully terminated from her employment, according to the suit. Watson is seeking compensatory and punitive damages with pre-judgment interest.
Case number: 11-C-930

June 8
Kathy Zahurancik, executrix of the Estate of Pinea Linville vs. Charleston Area Medical Center, Inc. and Michael Sitler, M.D.
PA- John A. Kessler, Jeffrey T. Jones; J- Paul Zakaib Jr.
* On May 7, 2009, Linville was a patient of the defendants and was diagnosed with having a urinary tract infection and hypoglycemia by Sitler. Zahurancik claims Sitler ordered laboratory studies for Linville, including a urine culture and a blood culture and then discharged her with a prescription for Cipro 500 to treat the urinary tract infection. The following day, Sitler was notified that Linville's blood culture grew out staphylococcus hominis and on May 9, 2009, he was notified that the urine culture grew out Escherichia coli, according to the suit. The hospital did not notify Linville until a letter was sent on May 13, 2009, that Linville did not receive until May 30, 2009. On June 8, 2009, Linville died of septic shock. Zahurancik is seeking compensatory damages with pre-judgment interest.
Case number: 11-C-937

Yvette Smith, individually and on behalf of the Estate and Wrongful Death Beneficiaries of Robert Walker vs. HCR ManorCare, Inc.; ManorCare, Inc.; HCR Manor Care Services, Inc.; Health Care and Retirement Corporation of America, LLC; Heartland Employment Services, LLC; Danny Davis; Jeffery Smith; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Heartland of Charleston)
PA- James B. McHugh, Michael J. Fuller Jr., Amy J. Quezon; J- Tod J. Kaufman
* Walker was a resident of the defendants from Nov. 9, 2007, until Aug. 31, 2009. Smith claims the defendants negligently cared for Walker during his residency and caused his death. Smith is seeking compensatory and punitive damages.
Case number: 11-C-939

Patricia Osborne and Earl R. Osborne, her husband vs. Greater Huntington Theatre, Park Place Cinemas and Cinema VII, Inc.
PA- Robert D. Cline Jr., Robert A. Campbell, Francis M. Curnutte III; J- Tod J. Kaufman
* On July 8, 2009, Patricia Osborne was at Park Place Cinemas and was attempting to find a seat when she slipped and fell in the floor and was injured. The Osbornes are seeking compensatory and punitive damages with pre- and post-judgment interest
Case number: 11-C-941

Eric Nelson Redden III vs. Johnsonville Sausage, LLC; Greenbrier Valley Medical Center, LLC; and Hospital Physician Partners
PA- Richard D. Lindsay, Matthew C. Lindsay; J- Jennifer Bailey
* In late May or early June 2010, Redden consumed a bratwurst manufactured and distributed by Johnsonville. On June 2, 2010, Redden presented to Greenbrier Valley Medical Center with chest pain, nausea, vomiting, neck pain, back pain and knee pain, but he claims the hospital failed to recognize, treat and diagnose his true and serious condition. On June 4, 2010, Redden returned to the hospital via emergency services and was diagnosed with a GI bleed, leukocytosis, fever and altered mental status. He was then sent to Roanoke Memorial Hospital in Roanoke, Va., where he was diagnosed with meningitis. He claims shortly after, the West Virginia Department of Health and Human Resources/the Bureau of Public Health tested the bratwurst manufactured and distributed by Johnsonville and found a presence of the bacteria called listeria, which is known to manifest itself as meningitis. Redden is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-943

Richard J. Naseef and Wilma Naseef, husband and wife vs. West Virginia-American Water Company
PA- Michael J. Del Giudice; J- Tod J. Kaufman
* In July 2010, the defendant's main water line running along Hollyberry Lane broke and began leaking. As a result of the water leaking, it seeped down against and around the Naseef property and caused damages, according to the suit. The Naseefs are seeking are seeking compensatory damages.
Case number: 11-C-944

June 9
Christy Jo Harris vs. Health Care and Retirement Corp. of America, LLC d/b/a Heartland of Charleston
PA- Michael T. Clifford, Richelle K. Garlow; J- James C. Stucky
* On May 29, 2010, and June 16, 2010, Harris was at Heartland of Charleston to visit with her fiance's mother and both times she slipped and fell because of a liquid in the floor. Harris is seeking compensatory damages.
Case number: 11-C-950

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