CIVIL FILINGS: Kanawha County

By Kyla Asbury | Sep 9, 2011

Aug. 29
Dillon King vs. Kanawha County Board of Education, Robert Massey and Chas Hawkins
PA- Charles R. Webb; J- Jennifer Bailey
* King attended Capitol High School and was a member of the high school's baseball team. Massey and Hawkins were the team's head coach and assistant coach. On March 13, 2010, King had mandatory baseball practice and was hit by another player in the mouth during baseball practice. He claims the defendants were not adequately supervising the students. No medical treatment was sought by the defendants and another student—who did not have a driver's license—was instructed to drive King home, according to the suit. King claims he received a broken jaw and split gums and required surgery to fix the injuries. King is seeking compensatory damages.
Case number: 11-C-1486

Shawn P. Grady and Jodi Grady vs. Speed Mining, LLC
PA- Timothy C. Bailey, J. Ryan Stewart; J- Charles E. King
* Mr. Grady was employed by Raleigh Industrial Mine Supply. On Sept. 4, 2010, he and two co-workers boarded a two-person man-tub to travel outside at the conclusion of their shift. Mr. Grady claims his supervisor had obtained clearance to proceed from the dispatcher, who was an employee of Speed Mining. Despite having clearance from dispatch, a locomotive of the defendant's proceeded through the rolled up doors and collided with the man-tub in which Mr. Grady was traveling, causing him to be thrown off the man-tub and injured. The Gradys are seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-1492

Jessica A. Hudson vs. Bob Burdette Center, Inc.; Norman Cannada; Jean Cunningham; Mark Miller; Samuel Sommerville; and Lisa Thomas, individuals and in their official capacities
PA- Ricklin Brown, Sherrie A. Armstrong; J- Carrie Webster
* On May 8, the Center announced in the classified section of the local newspaper that it was seeking candidates for the position of executive director of the Center and that a search committee comprised of members of the Board would be accepting resumes until May 26. Hudson applied for the position and was offered the job on June 13. Hudson claims she informed the defendants that she was required to give her current employer two weeks' notice, but that until the two weeks were over, she would be available part time and for meetings. On June 20, the defendants called and informed Hudson the job offer was rescinded because of "'inconsistencies' in her resume and 'misrepresentations' allegedly made" during her interviews, according to the suit. Hudson claims the board members' real reason for firing her was because they perceived her as a lesbian after looking at her Facebook profile. Hudson is seeking compensatory and punitive damages.
Case number: 11-C-1493

Constance J. Smith, administratrix of the Estate of Herold L. Smith vs. 3M Company; 4520 Corporation, Inc.; A.K. Steel Corporation; et al
PA- Bronwyn I. Rinehart; J- visiting
* In August 2005, Mr. Smith was diagnosed with laryngeal cancer. Mrs. Smith claims the 74 defendants were responsible for the cancer and Mr. Smith's death on Sept. 5, 2009. She is seeking a jury trial to resolve all issues involved.
Case number: 11-C-1494

Aug. 30
Jerome Stewart vs. City of Charleston, W.Va.
PA- Rudolph L. Di Trapano, Sean P. McGinley, Elizabeth G. Kavitz; J- James C. Stucky
* On July 20, 2010, a city drain pipe was punctured and disrupted during the City's installation of a guard rail. The puncture created a water leak that caused constant water and moisture problems to Stewart's property. He is seeking compensatory damages.
Case number: 11-C-1498

Yvette Jones vs. Charleston Area Medical Center
PA- Todd S. Bailess, Joy B. Mega; J- Louis H. Bloom
* Jones was employed by the defendant until her discharge on May 11. She claims the defendant failed to pay her final wages within 72 hours of being discharged. She is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-1499

Aug. 31
Lisa G. Anderson vs. Chili's of West Virginia, Inc. and Greg Wolfe
PA- Scott H. Kaminski; J- James C. Stucky
* Anderson was employed by the defendants from Jan. 23 until March 14. She claims her employment was terminated because she had complained about several staff members inappropriately and offensively touching her. She is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-1501

Stella Pullen vs. Greentree Lending, Inc.
PA- Harold Albertson; J- James C. Stucky
* On April 21, 2004, Pullen became disabled and on Dec. 26, 2007, she filed an application requesting that she receive the benefits promised to her by the defendant. On Feb. 5, 2008, the defendant advised Pullen that she was not entitled to any benefits because her disability was not by reason of an accident. She claims when she had purchased the disability insurance, she was never advised of any limitations on the disability insurance. Pullen is seeking for the court to determine that she has the right to receive benefits under the loan agreement and for the court to enter an order enjoining the defendants from continuing to deny the benefits to which Pullen is entitled.
Case number: 11-C-1505

Sept. 1
Nickolas Backes vs. Everhome Mortgage Company and Federal National Mortgage Association
PA- Daniel F. Hedges; J- Charles E. King
* On March 11, 2005, Backes and the lender entered into a purchase money loan secured by the home in an original maximum amount of $135,500. After his divorce and reduction of income, Backes sought modification. From March until June, the defendants continued to return his monthly payments and refused to apply them to his account. On June 24, the defendants conducted a foreclosure sale on his home for the sum of $87,106.93. Backes is seeking civil penalties in the amount of $4,400 for the defendants' violation of West Virginia code.
Case number: 11-C-1517

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