CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Oct. 21, 2011, 2:30am

Oct. 6
Donna Fish vs. Above Average Landscaping and Gary Haddox
PA- Kristina Thomas Whiteaker, David L. Grubb; J- Jennifer Bailey
* On July 20, Fish contracted the defendants to provide a concrete driveway, stamped/stained concrete porch and patio for her home for the price of $14,300, but after work began, there was an addition $750, making the total cost $15,050 for the entire job. Fish claims the defendants' work was not completed as expressly warranted and was not performed in compliance with accepted standards of workmanship. Fish is seeking compensatory and punitive damages.
Case number: 11-C-1784

Oct. 7
Rita Brock and Curtis Brock, her husband vs. the Cold Spot, LLC
PA- Michael J. Del Giudice; J- Charles E. King
* On Feb. 2, 2010, Mrs. Brock was walking from the defendant's store to its restaurant when she slipped on ranch dressing that had been spilled on the floor and fell. The couple is seeking compensatory damages.
Case number: 11-C-1794

Julie Boggess vs. Dolgencorp, LLC d/b/a Dollar General
PA- Todd S. Bailess, Joy B. Mega; J- Louis H. Bloom
* Boggess began her employment with the defendant on July 27, 2010 and her employment was terminated on July 2. Boggess claims the defendant failed to pay her final wages within 72 hours of discharge. Boggess is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-1814

Amy M. Gillispie vs. Rite Aid of West Virginia Inc. and Scott Paul
PA- Todd S. Bailess, Joy B. Mega; J- Carrie Webster
* Gillispie began her employment with Rite Aid on May 23, 2006. She claims Paul, who was her supervisor, made sexual advances toward her and in retaliation for her refusing the sexual advances, he terminated her employment. Gillispie is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-1815

Oct. 11
Angela Atkins and Teddy Atkins II, her husband vs. Bristol-Myers Squibb Company (successor to Matrix Essentials, Inc.); Colomer Beauty Brands USA, Inc. d/b/a Creative Nail Designs, Inc.; Colomer USA, Inc. d/b/a Creative Nail Designs, Inc.; Creative Nail Designs, Inc.; Hair We Are, Inc.; L'Oreal USA, Inc. f/k/a Cosmair, Inc. d/b/a Redken 5th Avenue NYC and Matrix Products; OPI Products, Inc.; Redken Laboratories, LLC; Revlon, Inc. f/k/a Creative Nail Designes, Inc.; and S&S Beauty Supplies, Inc.
PA- Jonathan Mani; J- James C. Stucky
* Mrs. Atkins worked in salons as a hair dresser and manicurist and was exposed to Benzene and/or Benzene derivatives from the use of hair dye products and acrylic nail products manufactured, distributed and/or supplied by the defendants. Mrs. Atkins now suffers from AML, which is a form of leukemia that can be fatal. The couple is seeking compensatory and punitive damages with pre- and post-judgment interest
Case number: 11-C-1816

Sarah Ennis vs. Billy Joe Moore and AutoZone Stores, Inc.
PA- Scott H. Kaminski; J- Carrie Webster
* On July 23, 2010, Ennis and an AutoZone employee were examining her vehicle when Moore ran over her ankle. Ennis is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-1821

Vonda Knicely and William Knicely vs. Stacey Copeland, M.D.
PA- Guy R. Bucci, Mark A. Barney, Timothy F. Rayne; J- James C. Stucky
* Mrs. Knicely was scheduled to have surgery on Feb. 3 by Copeland for the placement of a subcutaneous injection port in the area of her right clavicle. The surgery was to be performed while Mrs. Knicely was under monitored anesthesia care. Mrs. Knicely claims Copeland knew or should have known that the electrosurgical unit she chose to use created sparks at the active electrode tip that could cause fire in a surgical site. When the ESU was used, it sparked and caused a radiopaque sponge on fire, which spread to the surgical drapes and to Mrs. Knicely's body, according to the suit. The couple is seeking compensatory damages with pre-judgment interest.
Case number: 11-C-1827

Oct. 12
Frederick Suck vs. Benchmark Performance Group, Inc. d/b/a Benchmark Energy Products, LLC; and Todd Watson, individually and as an agent, servant or employee of Benchmark Performance Group, Inc.
PA- Gregory B. Chiartas; J- Tod J. Kaufman
* Suck became an employee of the defendants on Oct. 24, 2005. He claims he sustained a workplace injury on Jan. 30, and filed a workers' compensation claim. On June 29 he was given permission to return to work without physical restrictions from his treating physician. Suck claims he attempted to return to work, but the defendants failed and/or refused to let him come back to work. Suck is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-1833

Donna Willis vs. Bayer, AG; Bayer Cropscience, AG; Bayer Cropscience Holding, Inc.; Bayer Cropscience, LP; West Virginia, Inc.; Adisseo Manufacturing, Inc.; and Adisseo USA, Inc.
PA- William V. DePaulo; J- Tod J. Kaufman
* On Aug. 28, 2008, an explosion at the Bayer chemical plant in Institute killed two employees. Two citizens later died of exposure to gases released by the explosion. Willis claims from Oct. 13, 2009, to Oct. 25, 2009, the defendants negligently released one or more toxic gases into the atmosphere, which she was exposed to and ingested while walking in her residential neighborhood. Willis claims she was required to undergo removal of her gall bladder as a consequence of the inhalation of toxic gases. Willis is seeking compensatory and punitive damages.
Case number: 11-C-1837

Sue Ferguson Davis vs. Bayer, AG; Bayer Cropscience, AG; Bayer Cropscience Holding, Inc.; Bayer Cropscience, LP; West Virginia, Inc.; Adisseo Manufacturing, Inc.; and Adisseo USA, Inc.
PA- William V. DePaulo; J- Jennifer Bailey
* On Aug. 28, 2008, an explosion at the Bayer chemical plant in Institute killed two employees. Two citizens later died of exposure to gases released by the explosion. On Oct. 13, 2009, the defendants negligently released one or more toxic gases into the atmosphere that Davis ingested while walking in her residential neighborhood. She claims since that date, she has suffered a range of physical ailments. Davis is seeking compensatory and punitive damages.
Case number: 11-C-1838

Trenton Joseph Pritchard, an infant under the age of 18 years of age who sues by his legal guardian and next friend, Daniel Ray Martin vs. Hospitality Ventures Limited Liability Company d/b/a Hampton Inn – Southridge Centre
PA- H. Wyatt Hanna III; J- Carrie Webster
* On Oct. 12, 2009, Pritchard and a friend were permitted access by an employee and/or agent of the defendant to the weight room located at the hotel. As a result, Pritchard suffered a severe injury to his pointer finger on his left hand and sustained permanent scarring to his finger. Pritchard is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-1839

Oct. 14
Renee C. Young Gorrell vs. Timothy M. Spears, DDS
PA- Joseph K. Reeder; J- Paul Zakaib Jr.
* On Aug. 18, 2009, Spears failed to properly install a crown on Young Gorrell. She is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-1852

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