Sept. 30
Julie Ray, administratrix of the Estate of Cluther Allen Ray vs. Michael Willford Halley, M.D.
PA- Richard D. Lindsay; J- Paul Zakaib Jr.
* On Feb. 16, Mr. Ray presented to the emergency department of Thomas Memorial Hospital with complaints of abdominal pain and upper gastric pain. Mr. Ray was given an EKG, which Halley stated was normal. The following day, a cardiologist was consulted when it was discovered that Mr. Ray's EKG was not normal and revealed that he had suffered a heart attack. Mrs. Ray claims her husband had emergency heart surgery, but remained in the hospital until his death on May 4, suffering from heart failure due to the delay in diagnosing and treating his heart attack. Mrs. Ray is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-1721
Peggy Raines and Gary Raines vs. Thompson E. Pearcy, M.D.
PA- Matthew C. Lindsay, Richard D. Lindsay; J- Carrie Webster
* On April 24, 2008, Mrs. Raines complained of inflammation, rash, lesion and/or discomfort in or around her external genitalia to Pearcy. In October 2009, she discovered a lump in her right inguinal region and in December 2009, an inguinal lymph node biopsy revealed poorly differentiated squamous cell carcinoma. Mrs. Raines claims Pearcy failed to properly and/or timely diagnose or investigate her squamous cell carcinoma of the vulva. The couple is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-1722
Ronnie Hall vs. Remington, LLC
PA- Thomas A. Rist; J- Paul Zakaib Jr.
* Hall is an experienced underground coal miner who has worked in West Virginia mines for nearly 30 years. Hall began working for Remington in 2009 and had previously worked for the company in 2007-2008, according to the suit. Hall claims during his employment he was severely harassed by a limited number of employees; was antagonized, harassed and bullied by employees; and was sexually harassed by one employee. He is seeking compensatory and punitive damages.
Case number: 11-C-1723
Marian Coleman vs. All Med, LLC d/b/a Saber Medical, LLC; and Roscoe Medical, LLC
PA- Marvin W. Masters, Kelly Elswick-Hall; J- Charles E. King
* Coleman's physician prescribed her a lightweight K0004 type wheelchair. She claims the defendants provided her with the incorrect wheelchair, which was defective and unreasonably dangerous for use by her. She is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-1727
Oct. 3
Marilyn Cook vs. Speedway, LLC
PA- Toby J. Buel Jr.; J- Tod J. Kaufman
* On July 21, Cook was walking on common property on the defendant's premises. She claims she slipped on spilt oil that was not properly cleared and was injured. Cook is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-1737
Timothy Walker vs. Elk Run Coal Company, Inc. d/b/a Republic Energy; Black Castle Mining Company and Homer III Processing Company; Massey Energy Company; and Alpha Natural Resources Services, LLC
PA- C. Benjamin Salango, Dan R. Snuffer Jr.; J- Charles E. King
* On May 31, Walker was working as a coal truck driver for Medford Trucking and hauling coal from the Republic Energy surface mine when a Massey employee operating a Caterpillar 992D front end loader failed to operate the machine in a safe manner and injured Walker. Walker is seeking compensatory damages.
Case number: 11-C-1740
Kelly Nunley vs. Mountain State University
PA- Stephen P. New, S. Douglas Adkins; J- Tod J. Kaufman
* Nunley was admitted into Mountain State University's nursing program for a Bachelors of Science in Nursing degree and was scheduled to graduate in May 2013. She claims when she was admitted to the program that she was informed that the program was accredited by the NLLAC and the WVBRN, but later discovered that the nursing program did not have full accreditation status. Nunley is seeking compensatory and punitive damages with pre and post-judgment interest.
Case number: 11-C-1744
Destany Pettry vs. Mountain State University
PA- Stephen P. New, S. Douglas Adkins; J- Charles E. King
* Pettry was admitted into Mountain State University's nursing program for a Bachelors of Science in Nursing degree and was scheduled to graduate in May 2013. She claims when she was admitted to the program that she was informed that the program was accredited by the NLLAC and the WVBRN, but later discovered that the nursing program did not have full accreditation status. Pettry is seeking compensatory and punitive damages with pre and post-judgment interest.
Case number: 11-C-1746
Melanie Rollins vs. Mountain State University
PA- Stephen P. New, S. Douglas Adkins; J- Charles E. King
* Rollins was admitted into Mountain State University's nursing program for a Bachelors of Science in Nursing degree and was scheduled to graduate in May 2013. She claims when she was admitted to the program that she was informed that the program was accredited by the NLLAC and the WVBRN, but later discovered that the nursing program did not have full accreditation status. Rollins is seeking compensatory and punitive damages with pre and post-judgment interest.
Case number: 11-C-1747
Amanda Self vs. Mountain State University
PA- Stephen P. New, S. Douglas Adkins; J- Charles E. King
* Self was admitted into Mountain State University's nursing program for a Bachelors of Science in Nursing degree and was scheduled to graduate in May 2013. She claims when she was admitted to the program that she was informed that the program was accredited by the NLLAC and the WVBRN, but later discovered that the nursing program did not have full accreditation status. Self is seeking compensatory and punitive damages with pre and post-judgment interest.
Case number: 11-C-1748
Cortina Stickler vs. Mountain State University
PA- Stephen P. New, S. Douglas Adkins; J- Louis H. Bloom
* Stickler was admitted into Mountain State University's nursing program for a Bachelors of Science in Nursing degree and was scheduled to graduate in May 2013. She claims when she was admitted to the program that she was informed that the program was accredited by the NLLAC and the WVBRN, but later discovered that the nursing program did not have full accreditation status. Stickler is seeking compensatory and punitive damages with pre and post-judgment interest.
Case number: 11-C-1749
Stacy Lilly vs. Mountain State University
PA- Stephen P. New, S. Douglas Adkins; J- Tod J. Kaufman
* Lilly was admitted into Mountain State University's nursing program for a Bachelors of Science in Nursing degree and was scheduled to graduate in May 2013. She claims when she was admitted to the program that she was informed that the program was accredited by the NLLAC and the WVBRN, but later discovered that the nursing program did not have full accreditation status. Lilly is seeking compensatory and punitive damages with pre and post-judgment interest.
Case number: 11-C-1750
Mallory McCormick vs. Mountain State University
PA- Stephen P. New, S. Douglas Adkins; J- James C. Stucky
* McCormick was admitted into Mountain State University's nursing program for a Bachelors of Science in Nursing degree and was scheduled to graduate in May 2013. She claims when she was admitted to the program that she was informed that the program was accredited by the NLLAC and the WVBRN, but later discovered that the nursing program did not have full accreditation status. McCormick is seeking compensatory and punitive damages with pre and post-judgment interest.
Case number: 11-C-1751
Amanda Lester vs. Mountain State University
PA- Stephen P. New, S. Douglas Adkins; J- Charles E. King
* Lester was admitted into Mountain State University's nursing program for a Bachelors of Science in Nursing degree and was scheduled to graduate in May 2013. She claims when she was admitted to the program that she was informed that the program was accredited by the NLLAC and the WVBRN, but later discovered that the nursing program did not have full accreditation status. Lester is seeking compensatory and punitive damages with pre and post-judgment interest.
Case number: 11-C-1752
Heather Brewster vs. Mountain State University
PA- Stephen P. New, S. Douglas Adkins; J- Louis H. Bloom
* Brewster was admitted into Mountain State University's nursing program for a Bachelors of Science in Nursing degree and was scheduled to graduate in May 2013. She claims when she was admitted to the program that she was informed that the program was accredited by the NLLAC and the WVBRN, but later discovered that the nursing program did not have full accreditation status. Brewster is seeking compensatory and punitive damages with pre and post-judgment interest.
Case number: 11-C-1754
Derek Hall vs. Mountain State University
PA- Stephen P. New, S. Douglas Adkins; J- James C. Stucky
* Hall was admitted into Mountain State University's nursing program for a Bachelors of Science in Nursing degree and was scheduled to graduate in May 2013. He claims when he was admitted to the program that he was informed that the program was accredited by the NLLAC and the WVBRN, but later discovered that the nursing program did not have full accreditation status. Hall is seeking compensatory and punitive damages with pre and post-judgment interest.
Case number: 11-C-1755
Rachel Hellms vs. Mountain State University
PA- Stephen P. New, S. Douglas Adkins; J- Paul Zakaib Jr.
* Hellms was admitted into Mountain State University's nursing program for a Bachelors of Science in Nursing degree and was scheduled to graduate in May 2013. She claims when she was admitted to the program that she was informed that the program was accredited by the NLLAC and the WVBRN, but later discovered that the nursing program did not have full accreditation status. Hellms is seeking compensatory and punitive damages with pre and post-judgment interest.
Case number: 11-C-1756
Jerry Hunter vs. Mountain State University
PA- Stephen P. New, S. Douglas Adkins; J- Paul Zakaib Jr.
* Hunter was admitted into Mountain State University's nursing program for a Bachelors of Science in Nursing degree and was scheduled to graduate in May 2013. He claims when he was admitted to the program that he was informed that the program was accredited by the NLLAC and the WVBRN, but later discovered that the nursing program did not have full accreditation status. Hunter is seeking compensatory and punitive damages with pre and post-judgment interest.
Case number: 11-C-1757
Oct. 6
E.B. vs. Open Door Baptist Church and Virginia Jarrell, executrix of the Estate of Matthew Jarrell, deceased
PA- Bruce L. Freeman, Matthew A. Victor; J- Louis H. Bloom
* Matthew Jarrell was a pastor, employee and president of the Open Door Baptist Church and traveled to various locations in West Virginia and Pennsylvania holding revivals, giving guest sermons at local churches and attending Baptist meetings. On May 19, Matthew Jarrell enticed E.B. into a 2007 Dodge truck owed by the church and drove to a secluded location, where he "brutally sexually assaulted and raped the plaintiff." E.B. is seeking compensatory and punitive damages.
Case number: 11-C-1773
CIVIL FILINGS: Kanawha County
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