WEST VIRGINIA RECORD

Aug. 30
John Kreiner vs. Kraft Foods Global, Inc.
PA- Todd S. Bailess, Joy B. Mega; J- James C. Stucky
* Kreiner was employed by the defendant until he resigned on May 19. He claims the defendant failed to pay his final wages and/or fringe benefits owed in full by the next regular payday. He is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-1500

Sept. 2
Lisa L. Smith vs. Kanawha Charleston Humane Association
PA- Scott H. Kaminski; J- Carrie Webster
* On May 30, Smith was volunteering for the defendant and was assisting in cleaning the kennels when she slipped and fell in soapy water that had accumulated near a drain located in the middle of the aisle, causing her to fall and break her left arm. She is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-1522

Kathy J. Pauley vs. Ntelos of West Virginia, Inc.; Amanda Doss; and Pam McGowan
PA- Mark A. Atkinson; J- Carrie Webster
* Pauley was employed by the defendants for approximately six years until her discharge on April 27. She claims her employment was terminated because of her gender. Pauley is seeking compensatory and punitive damages with pre-judgment interest.
Case number: 11-C-1524

Sept. 6
Edward Lewis Montgomery and Callie Ilene Montgomery vs. 3M Company ; A.W. Chesterton Company; Ajax Magethermic Corporation; et al
PA- Victoria Antion, Scott A. McGee, Bronwyn I. Rinehart; J- visiting
* The plaintiffs claim the 92 defendants are responsible for Mr. Montgomery's lung cancer. They are seeking a jury trial to resolve all issues involved.
Case number: 11-C-1534

Delbert Chester Russell vs. 3M Company; 4520 Corporation, Inc.; A.O. Smith Corporation; et al
PA- Victoria Antion, Scott A. McGee, Bronwyn I. Rinehart; J- visiting
* Russell was diagnosed with mesothelioma in March 2010. He claims the 123 defendants are responsible for the diagnosis. He is seeking a jury trial to resolve all issues involved.
Case number: 11-C-1535

Jerry Henderson vs. 3M Company; 4520 Corporation, inc.; A.O. Smith Corporation; et al
PA- Victoria Antion, Scott A. McGee, Anne McGinness Kearse, Joseph D. McMullen; J- visiting
* Henderson was diagnosed with mesothelioma on March 24. He claims the 138 defendants are responsible for the diagnosis. He is seeking a jury trial to resolve all issues involved.
Case number: 11-C-1536

Alexander Todd vs. K-Mart Corporation (Sears Holding Corporation)
PA- Ricklin Brown, Mary Pat tatler; J- James C. Stucky
* Todd was employed by the defendant until his discharge on April 8. He claims the defendant failed to pay him all his wages due within 72 hours of discharge. He is seeking compensatory and punitive damages.
Case number: 11-C-1537

Sept. 7
Gregory A. Schott vs. Petroleum Transport, Inc. and Petroleum Products, Inc.
PA- Michael J. Del Giudice; J- Paul Zakaib Jr.
* Schott was employed by Petroleum Transport, Inc. from April 19, 2006, until May 25. On Feb. 25, 2010, Schott was ordered by Chad Brown, an employee of the defendants, to perform his job duties using a flatbed trailer that was unsafe and had been "red tagged" due to another driver having been injured using the trailer. He claims when he refused to use the trailer, he was told he would be fired if he did not use it. While doing so, Schott was injured, according to the suit. Schott claims when he filed a workers' compensation claim, the defendants terminated his employment. He is seeking compensatory and punitive damages.
Case number: 11-C-1552

Steven Martin vs. Stephen K. Korsen, Inc. d/b/a MDI Remodeling & Contracting
PA- J. Parker Bazzle II; J- Tod J. Kaufman
* On Sept. 9, 2009, Martin was working as an employee of the defendant and was on a residential roofing project when he was required to work more than 14 feet off ground level and more than six feet above a lower level without any protective equipment. He claims while he was working, he fell approximately 15 feet to the ground and landed on his back. Martin is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-1555

Freda Slater vs. Young's Department Store
PA- Todd W. Reed; J- Tod J. Kaufman
* On April 8, Slater was attempting to enter the defendant's business when she was blocked by a large dog owned by the defendant's owner and president, James Oatridge. She claims when she attempted to enter the premises, she tripped and fell over the dog. Slater is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-1557

Robinson & Son Plumbing and Heating, Inc. vs. KM Associates, LLC; CNB Bank; Thistle Financial Group, LLC; Tri-State Roofing & Sheet Metal of West Virginia; and Brewer & Company of West Virginia, Inc.
PA- Charles M. Johnstone II, Jamie F. Little; J- James C. Stucky
* The plaintiff was a contractor for the defendants on a construction project and performed all contractual obligations pursuant to its contracts. The plaintiff claims it made reasonable attempts to collect the amount owed by the defendants, but the defendants failed and refused to pay. When the defendants would not pay the amount due, Robinson & Son filed a notice of Mechanic's Lien in the amount of $61,746.87. Despite this, the defendants continued to fail and refuse to pay the amount due. It is seeking judgment in the amount of $61,746.87 with pre- and post-judgment interest.
Case number: 11-C-1560

South Charleston Electric Company, Inc. vs. KM Associates, LLC; CNB Bank; Thistle Financial Group, LLC; Tri-State Roofing & Sheet Metal of West Virginia; and Brewer & Company of West Virginia, Inc.
PA- Charles M. Johnstone II, Jamie F. Little; J- Louis H. Bloom
* The plaintiff was a contractor for the defendants on a construction project and performed all contractual obligations pursuant to its contracts. The plaintiff claims it made reasonable attempts to collect the amount owed by the defendants, but the defendants failed and refused to pay. When the defendants would not pay the amount due, the plaintiff filed a notice of Mechanic's Lien in the amount of $241,832.49. Despite this, the defendants continued to fail and refuse to pay the amount due. It is seeking judgment in the amount of $241,832.49 with pre- and post-judgment interest.
Case number: 11-C-1561

Raynes & Company, LLC vs. KM Associates, LLC; CNB Bank; Thistle Financial Group, LLC; Tri-State Roofing & Sheet Metal of West Virginia; and Brewer & Company of West Virginia, Inc.
PA- Charles M. Johnstone II, Jamie F. Little; J- Charles E. King
* The plaintiff was a contractor for the defendants on a construction project and performed all contractual obligations pursuant to its contracts. The plaintiff claims it made reasonable attempts to collect the amount owed by the defendants, but the defendants failed and refused to pay. When the defendants would not pay the amount due, Robinson & Son filed a notice of Mechanic's Lien in the amount of $64,000. Despite this, the defendants continued to fail and refuse to pay the amount due. It is seeking judgment in the amount of $64,000 with pre- and post-judgment interest.
Case number: 11-C-1562

Thermal Solutions, Inc. vs. KM Associates, LLC
PA- Charles M. Johnstone II, Jamie F. Little; J- Carrie Webster
* The plaintiff entered into contracts with the defendant on a construction project and performed all contractual obligations pursuant to its contracts. The plaintiff claims it made reasonable attempts to collect the amount owed by the defendant, but the defendant failed and refused to pay. It is seeking judgment in the amount of $24,803 with pre- and post-judgment interest.
Case number: 11-C-1563

Prizm Painting, LLC vs. KM Associates, LLC
PA- Charles M. Johnstone II, Jamie F. Little; J- Charles E. King
* The plaintiff entered into contracts with the defendant on a construction project and performed all contractual obligations pursuant to its contracts. The plaintiff claims it made reasonable attempts to collect the amount owed by the defendant, but the defendant failed and refused to pay. It is seeking judgment in the amount of $42,179.08 with pre-judgment interest.
Case number: 11-C-1564

RC General Contractors, Inc. vs. KM Associates, LLC; CNB Bank; Thistle Financial Group, LLC; Tri-State Roofing & Sheet Metal of West Virginia; and Brewer & Company of West Virginia, Inc.
PA- Charles M. Johnstone II, Jamie F. Little; J- Paul Zakaib Jr.
* The plaintiff was a contractor for the defendants on a construction project and performed all contractual obligations pursuant to its contracts. The plaintiff claims it made reasonable attempts to collect the amount owed by the defendants, but the defendants failed and refused to pay. When the defendants would not pay the amount due, the plaintiff filed a notice of Mechanic's Lien in the amount of $173,016.72. Despite this, the defendants continued to fail and refuse to pay the amount due. It is seeking judgment in the amount of $173,016.72 with pre- and post-judgment interest.
Case number: 11-C-1565

Rock Branch Mechanical, Inc. vs. KM Associates, LLC; CNB Bank; Thistle Financial Group, LLC; Tri-State Roofing & Sheet Metal of West Virginia; and Brewer & Company of West Virginia, Inc.
PA- Charles M. Johnstone II, Jamie F. Little; J- James C. Stucky
* The plaintiff was a contractor for the defendants on a construction project and performed all contractual obligations pursuant to its contracts. The plaintiff claims it made reasonable attempts to collect the amount owed by the defendants, but the defendants failed and refused to pay. When the defendants would not pay the amount due, the plaintiff filed a notice of Mechanic's Lien in the amount of $158,452.06. Despite this, the defendants continued to fail and refuse to pay the amount due. It is seeking judgment in the amount of $158,452.06 with pre- and post-judgment interest.
Case number: 11-C-1566

Associated Architects, Inc. vs. KM Associates, LLC; CNB Bank; Thistle Financial Group, LLC; Tri-State Roofing & Sheet Metal of West Virginia; and Brewer & Company of West Virginia, Inc.
PA- Charles M. Johnstone II, Jamie F. Little
* The plaintiff was a contractor for the defendants on a construction project and performed all contractual obligations pursuant to its contracts. The plaintiff claims it made reasonable attempts to collect the amount owed by the defendants, but the defendants failed and refused to pay. When the defendants would not pay the amount due, the plaintiff filed a notice of Mechanic's Lien in the amount of $47,981.72. Despite this, the defendants continued to fail and refuse to pay the amount due. It is seeking judgment in the amount of $47,981.72 with pre- and post-judgment interest.
Case number: 11-C-1567

Agsten Construction Company, Inc. vs. KM Associates, LLC; CNB Bank; Thistle Financial Group, LLC; Tri-State Roofing & Sheet Metal of West Virginia; and Brewer & Company of West Virginia, Inc.
PA- Charles M. Johnstone II, Jamie F. Little; J- Paul Zakaib Jr.
* The plaintiff was a contractor for the defendants on a construction project and performed all contractual obligations pursuant to its contracts. The plaintiff claims it made reasonable attempts to collect the amount owed by the defendants, but the defendants failed and refused to pay. When the defendants would not pay the amount due, the plaintiff filed a notice of Mechanic's Lien in the amount of $111,345.05. Despite this, the defendants continued to fail and refuse to pay the amount due. It is seeking judgment in the amount of $111,345.05 with pre- and post-judgment interest.
Case number: 11-C-1568