CIVIL FILINGS: Kanawha County

By Kyla Asbury | Jul 15, 2011

June 1

June 1
Paul Filipiak and Robin Filipiak, individually and as parents of Caleb Filipiak, a minor vs. David Creek Church of the Nazarene, by and through its trustees, Garcie Marker, Dale Neely, Lanny Oxley and Alfred Atkinson
PA- C. Benjamin Salango; J- Carrie Webster
* On June 26, 2009, Caleb Filipiak was attending vacation Bible school at the church and was playing a game called Wrap 'n' Run when he fell and struck his head on a pew and suffered a fractured nose, a severe laceration of his face, nerve damage, loss of consciousness, damage to his teeth and substantial facial scaring. Paul and Robin Filipiak are seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-904

June 28
Ronial R. Blankenship Jr. and Michelle Blankenship vs. Greenwood, Inc.; Bayer Cropscience, LP; Bayer Corporation; Bayer Healthcare Pharmaceuticals, Inc.; Bayer Material Science, LLC; Bayer Cropscience Holding, Inc.; Bayer Cropscience, LLC; Danny Lester; Tim Carnefix; Kenny Stean; Francie Workman; Tony Dean; and Does 1 through 40, inclusive
PA- J. Patrick L. Stephens, Mark F. Underwood; J- Louis H. Bloom
* On July 15, 2009, Ronial Blankenship was working at a jobsite when he inhaled something that had a very strong smell and burned his nose, lungs and throat. The plaintiffs claim over the next few days, Ronial Blankenship began to develop pneumonia-like symptoms that would not go away and on July 20, 2009, he sought medical attention. By mid-October, he was diagnosed with Reactive Airways Dysfunction Syndrome, according to the suit. The plaintiffs are seeking compensatory and punitive damages with pre-judgment interest.
Case number: 11-C-1080

Petroleum Products, Inc. vs. B&C Trucking, Inc. and Gary Canterbury
PA- Spencer D. Elliott; J- Jennifer Bailey
* The plaintiff and the defendants agreed that Petroleum Products would provide B&C fuel and related products and that B&C would pay for the products. Petroleum Products claims the defendant has failed to pay the outstanding balance of $30,579.14 owed. It is seeking judgment against the defendants in the amount of $30,579.14 plus pre- and post-judgment interest.
Case number: 11-C-1081

Shirley Amanda Smith vs. Jeffrey Shawn Chumley and West Virginia State Police
PA- Robert B. Warner, Tammy Bowles Raines; J- Carrie Webster
* On June 30, 2009, at approximately 6:45 a.m. Smith was working as a flagger on a construction paving project on Interstate 79 and was standing in the construction zone properly performing her job duties by removing cones from traffic lanes in preparation to begin her work as a traffic controller. She claims Chumley was a state trooper who "negligently fell asleep at the wheel and failed to maintain control over his vehicle," according to the suit, and struck her with the police cruiser. Smith is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-1085

June 29
Jana L. Tudor vs. United Healthcare Services, Inc.; OptumHealth Care Solutions, Inc.; Melinda Ransom; and David Christian
PA- Timothy P. Rosinsky; J- Tod J. Kaufman
* Tudor was employed by the defendants from Feb. 5, 2001, until September 2009 as a registered nurse. She claims he employment was terminated because she was injured on the job and filed a workers' compensation claim. Tudor is seeking compensatory and punitive damages.
Case number: 11-C-1088

Lisa Kirk and Ronnie Kirk, her husband vs. Herbert J. Thomas Hospital Association
PA- Robert V. Berthold Jr., Christina L. Smith; J- Louis H. Bloom
* On Jan. 27, 2010, Lisa Kirk was admitted to the hospital for a diagnostic laparoscopy with a possible appendectomy. The following day one of the nurses attempted to administer medication through an IV site on her right arm, where a rolling knot formed and the site was swollen, numb, tingling and painful. She claims despite complaints and protests, the nurse continued to attempt to push the medication, which leaked out of the IV and onto her hand. The Kirks are seeking compensatory damages.
Case number: 11-C-1090

Margo Latanya Brooks vs. New River Community and Technical College Foundation, Inc. and New River Community and Technical College
PA- Greg A. Hewitt; J- Carrie Webster
* Brooks was employed by the defendants to perform consultant and grant-writing work from 2008 until January 2010. She claims she was repeatedly subjected to inappropriate conduct based on her gender and race by employees of the defendants. She is seeking compensatory and punitive damages.
Case number: 11-C-1092

Madylon Stone and Clayton Stone vs. Bon-Ton Department Stores, Inc.; and the Elder-Beerman Stores Corp.
PA- Robert B. Allen, Christopher D. Pence; J- Paul Zakaib Jr.
* On July 17, 2009, Madylon Stone was a customer at the Elder-Beerman department store in Kanawha County when she slipped and fell on the wet floor at the entrance of the store and was injured. The Stones are seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-1093

Brittney J. Wilson vs. Christopher J. Laverty and Lucky Laverty's, Inc.
PA- Michael J. Romano, Gina M. Renzelli; J- Paul Zakaib Jr.
* On July 2, 2010, the Braxton County woman was at Lucky Laverty's and was "negligently over served" alcohol, in violation of state laws. Wilson claims she exited the establishment to look for one of her companions, but upon attempting to gain re-entry to the bar, the defendants' employees demanded that she expose herself or she would not be allowed re-entry. When she refused, the employee shut the door, trapping her arm and causing injury. She is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-1094

June 30
John O'Neal and Christa O'Neal vs. General Motors, LLC and C&O Motors, Inc.
PA- Cameron S. McKinney; J- Jennifer Bailey
* On June 13, 2009, the O'Neals entered into a motor vehicle purchase contract with the defendants for a 2008 Chevrolet Impala. They claim the vehicle was defective. The O'Neals are seeking for the contract involved to be canceled by rejection, rescission or revocation of acceptance; and compensatory and punitive damages.
Case number: 11-C-1096

McCabe Land Company Limited Partnership vs. Green Owl, LLC
PA- J. Mark Adkins, Greg S. Foster; J- Charles E. King
* On June 17, 2008, McCabe and Green Owl executed a commercial lease agreement for property for a period of five years commencing July 1, 2008. The monthly rent payment beginning in 2008 was $3,366 and was to increase annually upon renewal, according to the suit. The plaintiff claims Green Owl has repeatedly failed to make any timely payments or operating expenses since Dec. 1, 2010. Green Owl owes McCabe $11,564.69, according to the suit. McCabe is seeking judgment against the defendant for past due rent and the remaining sums due with pre-judgment interest.
Case number: 11-C-1098

July 1
Anchor Tobacco Company vs. Cal Corp., Inc. d/b/a Tom's Supervalue; Montecal Corp., Inc. d/b/a Tom's Food Fair; and Calvin J. Canterbury, an individual
PA- James D. Kauffelt; J- James C. Stucky
* Anchor Tobacco Company sold and delivered goods to the defendants in the amounts of $286,739.52 to Cal Corp., Inc. and $67,589.63 to Montecal Corp., which it claims they have failed to pay. Anchor Tobacco company is seeking judgment in the amount of $364,329.15 with pre- and post-judgment interest.
Case number: 11-C-1110

July 5
Tennille Skeens Cooper vs. World Financial Network National Bank
PA- Robin L. Godfrey; J- Jennifer Bailey
* On March 19, Cooper informed the defendant that she was represented by attorney and provided the defendant with the attorney's name and telephone number and requested that all further inquires be directed to her attorney. Cooper claims the defendant has continued to call her at least 15 times. She is seeking damages in an amount not to exceed $74,000.
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Case number: 11-C-1119

Tennille Skeens Cooper vs. Department Stores National Bank d/b/a Macy's Department Store
PA- Robin L. Godfrey; J- Charles E. King
* On March 5, Cooper informed the defendant that she was represented by an attorney and provided the defendant with the attorney's name and telephone number and requested that all further inquires be directed to her attorney. Cooper claims the defendant has continued to call her at least 36 times. She is seeking damages in an amount not to exceed $74,000.
Case number: 11-C-1120

July 6
Winifrede Lynn Hamilton vs. Hogan Mfg., Inc. and Central West Virginia Regional Airport Authority
PA- Michael J. Del Giudice; J- Tod J. Kaufman
* On July 30, 2009, Hamilton was in her wheelchair and was utilizing the wheelchair lift at Yeager Airport when it malfunctioned and caused her to be injured. She is seeking compensatory damages.
Case number: 11-C-1125

Cindy Dunlap and Roger Dunlap, husband and wife vs. Forest City Enterprises, Inc. and Industrial Elevator Maintenance, Inc.
PA- Thomas H. Peyton; J- James C. Stucky
* On Dec. 14, 2009, Mrs. Dunlap was a non-trespassing entrant at the Charleston Town Center when she was injured as a result of a malfunctioning and/or defective escalator. The Dunlaps are seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-1127

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