CIVIL FILINGS: Kanawha County

By Kyla Asbury | Oct 28, 2011

Oct. 12

Oct. 12
Arne Moltis vs. Joe Holland Chevrolet, Inc.
PA- pro se; J- Tod J. Kaufman
* Moltis claims he brought his 2007 Nissan Titan for repair to the defendant after an accident. He claims when he came to pick up the vehicle after it was repaired, he was not told that there was no engine oil in the vehicle. A few days later, Moltis discovered there was no oil in the vehicle and that the defendant failed to inform him that the engine still leaked oil, according to the suit. Moltis is seeking reimbursement for the damage done to his vehicle.
Case number: 11-C-1840

Oct. 17
Patricia White and Harry L. White vs. Ntelos, Inc.; Telecheck Services, Inc.; and TRS Recovery Services, Inc.
PA- Anthony J. Majestro, James S. Nelson; J- Jennifer Bailey
* On Sept. 18, 2010, the Whites purchased a cell phone and other items with two checks and three days later the checks were cleared by the bank and the money was taken from their account. The Whites claim on Sept. 23, 2010, Ntelos presented both checks to the bank for payment a second time and withdrew the money again, illegally and without the couple's authorization. Thereafter, the Whites disputed the second, unauthorized, illegal debit from their bank account with the bank and on Oct. 20, 2010, the bank returned to money to their account, according to the suit. The defendants then proceeded to attempt to collect the debt again from the Whites. The Whites are seeking compensatory and punitive damages.
Case number: 11-C-1854

Oct. 18
John Kidd vs. Eric Holcolm d/b/a Hidden Trails ATV, LLC
PA- Sarah K. Brown, Daniel F. Hedges; J- Carrie Webster
* On Dec. 13, 2008, Kidd purchased a 2003 Quest 650 ATV from the defendant. In August 2009, Kidd experienced mechanical trouble with the ATV and brought it to the defendant for servicing. Over the next 21 months, the ATV required repairs at least 16 times for which the defendant charged Kidd more than $6,820.05 and on most of the occasions the defects were not repaired. Kidd is seeking actual damages.
Case number: 11-C-1865

Cierra Daniel, parent and natural guardian of Justin Trimble II, a minor vs. Charleston Area Medical Center, Inc. d/b/a Womens and Childrens Hospital; and Devin Ciliberti, M.D.
PA- Richard D. Lindsay; J- Jennifer Bailey
* On March 26, 2010, the defendants negligently cared for Trimble by negligently failing to properly diagnose and/or determine his position prior to his delivery and negligently employing forceps and a vacuum during his delivery. Daniel is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-1866

Oct. 19
Cassie D. Canterbury vs. Heritage Equipment, Inc.
PA- Mark A. Atkinson, Paul L. Frampton Jr.; J- Jennifer Bailey
* Canterbury was employed by the defendant as a marketing manager. She claims on July 8, 2010, she informed the defendant on July 8, 2010, of her pregnancy. Canterbury claims she was informed by the chief operating officer that the president of the defendant wanted her to know that "virtually every woman he has hired over the past 10 years has come up pregnant" and her employment was terminated on Aug. 6, 2010. Canterbury is seeking compensatory and punitive damages with pre-judgment interest.
Case number: 11-C-1872

Shawn A. Smith vs. West Virginia Division of Corrections
PA- Larry O. Ford; J- Louis H. Bloom
* On Nov. 20, 2009, Smith was incarcerated at the Anthony Correctional Center and was attempting to pass through a doorway into an area in which, unknown to him, two other inmates were engaged in rough horseplay. As Smith pushed open the door, one of the inmates engaged in horseplay was shoved against the door, slamming it on Smith's hand, according to the suit. Smith is seeking compensatory damages.
Case number: 11-C-1875

Oct. 20
Nancy Lewis, administrator of the Estate of Charles Robert Qualls vs. Medford Trucking, LLC; and Elk Run Coal Company, Inc. d/b/a Republic Energy
PA- Robert B. Warner, Tammy Bowles Raines, Robert P. Fitzsimmons, Clayton J. Fitzsimmons; J- James C. Stucky
* On Dec. 4, 2010, Qualls was operating a No. 300 Kenworth coal truck when its brakes failed, forcing him to intentionally drive the coal truck into a straddle berm. When Qualls drove the coal truck into the straddle berm, the truck overturned and Qualls was either ejected from the truck or had attempted to escape before the cab rolled over. Lewis is seeking compensatory and punitive damages with pre-judgment interest.
Case number: 11-C-1883

Oct. 21
Patricia B. Bowling, individually and as executrix of the Estate of Henry H. Bowling vs. 3M Company; 4520 Corporation, Inc.; A.K. Steel Corporation; et al
PA- Bronwyn I. Rinehart; J- visiting
* Mrs. Bowling claims her husband was diagnosed with esophageal cancer on May 7, 2010, and died on Oct. 21, 2010. She claims the 105 defendants are responsible for the diagnosis. She is seeking a jury trial to resolve all issues involved.
Case number: 11-C-1884

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