West Virginia Record

Tuesday, November 12, 2019


By Denise Simpson | Oct 28, 2011

Oct. 7
Erie Insurance Group vs. Gregory Sandreth
PA- Jason P. Pockl; J- Gaughan
* On Oct. 16, 2009, Sandreth negligently backed his pickup truck from an adjoining alleyway and struck the driver's side of a vehicle owned and operated by Kelly Tober. Tober suffered property damage and bodily injury. Erie has paid its insured the sum of $1,738.58 in medical payments, as well as $792.95 in property damage. Judgment is demanded against defendant.
Case number: 11-C-328

John Desmond and Tara Desmond vs. Cerrone Associates, Stonegate Construction
PA- Truman C. Griffith; J- Gaughan
* The Claywood Park Public Service District, in Parkersburg, hired Cerrone to assist with planning a sewer water extension construction project that would eventually be built at the base of a hill behind the Desmond's residence. On Nov. 14, 2008, a video was taken of the area. Despite the noted "slip area," Cerrone gave approval for the project to continue. Dominion Gas was forced to repair a gas- line break due to the slipping of the hill. The entire hill above the sewer extension line has experienced a drastic destabilization, resulting in a landslide that has threatened the plaintiff's home. Demand is made against defendant for sums to fairly compensate him for the damages sustained.
Case number: 11-C-331

Oct. 11
Raquel and Danny Morrell vs. Todd Lee Harshbarger, M.D., WV University Medical Corp., Wheeling Neurosurgery
PA- Julie Wieczorek Fritsch
* On Aug. 23, 2009, Raquel Morrell sought treatment at Wheeling Hospital with complaints of neck pain with movement, burning and tingling of the right arm and between her shoulder blades. Surgery took place in spite of the recommendation of John J. Collins, M.D. that plaintiff should have several weeks of "nonsurgical measures." She underwent spinal surgery that worsened her condition. Dr. Harshbarger failed to provide reasonable care and was negligent in treating plaintiff's cervical condition, which directly caused injuries and an additional surgery. A compensatory judgment is demanded.
Case number: 11-C-332

Viola Lott vs. Wheeling Island Gaming, d/b/a Wheeling Island Hotel, Casino & Racetrack
PA- Michael G. Simon; J- Mazzone
* Lott was walking off of an escalator on the premises of the Racetrack when she fell due to an area of raised flooring at the end of the escalator. As a direct result of defendant's failure to safeguard plaintiff from injury, she suffered personal injuries. She demands judgment to compensate her expenses.
Case number: 11-C-333

Paul T. Xenakis, Individually and as Executor of the Estate of Brenda Lee Xenakis vs. Timothy Genetta, D.O. and EPMG of WV, Inc.
PA- Anthony I. Werner; J- Wilson
* On Feb. 27, 2011, Brenda Xenakis was transported by ambulance to the emergency room of Wheeling Hospital where she became a patient under the care of defendant. She presented with severe and sudden onset head pain and nausea. She was in fact experiencing symptoms of an aneurysm and subarachnoid hemorrhage. She was discharged with a diagnosis of migraine. Hours later she was again transported by ambulance to Wheeling Hospital and transported via helicopter to West Virginia University Hospital in Morgantown, where she died days later on March 4, 2011. Defendants are liable to Paul Xenakis for compensatory and punitive damages associated with his emotional distress. Judgment is herewith demanded.
Case number: 11-C-334

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