WEST VIRGINIA RECORD

Sept. 21
Brenda Milne and Scott Milne vs. Gina R. Busch, M.D. and Surgical Gyn Associates
PA- Stephen P. Meyer; J- James C. Stucky
* On Aug. 11, 2010, Busch performed a laparoscopically assisted vaginal hysterectomy, bilateral salpingo-oophorectomy, anterior repair and mid-urethral sling procedure on Mrs. Milne. The plaintiffs claim Busch carelessly and negligently inflicted surgical wound and injury on Mrs. Milne's right ureter. They are seeking compensatory damages.
Case number: 11-C-1657

Sept. 23
Jill Scarbro-McLaury vs. West Virginia Board of Examiners of Psychologists
PA- Alexander Macia, Lewis G. Brewer; J- Tod J. Kaufman
* Scarbro-McLaury claims the defendant has failed to comply with the West Virginia Open Governmental Proceedings Act by failing to provide proper notice to the public that it was considering filing of "so-called emergency rules with the Secretary of State for the purpose of regulating the practice of board certified behavior analysts." Scarbro-McLaury is seeking for the court to enjoin the defendant's noncompliance, declare the emergency rules be null and void and order any subsequent actions and decisions be taken or made in conformity with the provisions of the West Virginia Open Governmental Proceedings Act.
Case number: 11-C-1678

Sept. 27
Beverly Adkins, as power of attorney for Gail Phares vs. Sunbridge Dunbar Health Care Corp. d/b/a Sunbridge Care & Rehabilitation for Dunbar; Sunbridge Healthcare Corporation; and Sun Healthcare Group, Inc.
PA- Andrew L. Paternostro, Jeff D. Stewart; J- James C. Stucky
* During Phares' stay in the defendants' nursing home, she sustained an impacted fracture to the left shoulder, falls with associated bone fractures, constipation and an overall decline in her physical and functional status, according to the suit. Adkins claims the defendants were negligent and careless in Phares' care. Adkins is seeking compensatory and punitive damages.
Case number: 11-C-1691

Sept. 28
Jessica Thompson vs. Spencer Gifts, LLC
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III, G. Patrick Jacobs; J- James C. Stucky
* Thompson was employed by the defendant from June 3, 2010, until March 26. She claims the defendant failed to pay her final wages within 72 hours of discharge. Thompson is seeking judgment against the defendant for an amount equal to loss of all wages with interest and liquidated damages.
Case number: 11-C-1703

Sept. 29
Ralph E. Taylor and Kathy L. Taylor, individually and in their capacity as guardian and next friend of Jane Doe, a minor vs. E.I. Du Pont de Nemours & Company; KBR, Inc.; BE&K, Inc.; BE&K Construction Company, LLC; and Debra D. Hartman
PA- E. William Harvit, Bradley R. Oldaker; J- Tod J. Kaufman
* Prior to Sept. 10, 2010, employees of Du Pont utilized a retractable stairway during the process of loading and unloading chemicals into and from railroad tank cars, however, the retractable stairway had been damaged and was removed and a temporary scaffold platform was utilized. On Sept. 10, 2010, Mr. Taylor, who was employed by Du Pont, was loading and unloading chemicals when one of the scaffold boards moved and caused him to fall approximately 12 feet to the ground, according to the suit. The plaintiffs are seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-1713