West Virginia Record

Wednesday, November 20, 2019


By Denise Simpson | Nov 11, 2011

Oct. 14
Deborah Kafton, individually and in her capacity as Administratrix of the Estate of Brittany L. Kusic, deceased; Cathy Wright, individually and in her capacity as Administratrix of the Estate of Justin T. Wright, deceased; Cathy Carpenter, individually and in her capacity as Administratrix of the Estate of Steven Carpenter, deceased; and Ashley Wright vs. David E. Hancher- Palmer, Robert N. Rea, Jr., Stephanie N. Martin, Richard L. Ernst, Wheeling Treatment Center, CRC Health Group, Inc.
PA- Michael G. Simon; Robert P. Fitzsimmons; J- Wilson
* Palmer is incarcerated and currently held in the Tygart Valley Jail in Belington. On Jan. 30, 2010, he pulled alongside the passenger side of plaintiff's vehicle and violently struck their vehicle. Plaintiff was forced into traffic where it was struck by a tractor trailer driven by Richard Ernst. As a result, Brittany Kusic, Justin Wright, and Steven Carpenter sustained severe injuries that ultimately resulted in the loss their lives. Ashley Wright sustained severe and disabling personal injuries and will continue to suffer with future medical expenses. Wheeling Treatment Center was negligent by allowing Palmer to leave the premises without determining whether he was impaired by his ingestion of methadone. Judgment is demanded, including punitive damages.
Case number: 11-C-338

Rosa Shilling, Donald Shilling, Virginia Roupe, and William Roupe vs. Robert Whitehouse
PA- Christopher M. Turak; J- Recht
* On June 4, 2010, plaintiffs, Rosa Shilling and Virginia Roupe were passengers in a vehicle owned and operated by Donald Shilling. Shilling was stopped for a red light when he was struck from behind by Whitehouse. Each sustained personal injuries, some permanent in nature, which caused them to expend sums of money for medical related expenses. Judgment for compensatory damages is sought.
Case number: 11-C-339

Oct. 20
Randall J. Dlesk vs. Afford-A-Pool & Spa
PA- Bradley K. Shafer; J- Mazzone
* Defendant charged $4,000 under contract to plaintiff's Chase credit card. Despite charging the card, Afford-A-Pool never delivered the pool or heater. The charges were never reversed and the amount remains on Dlesk's credit account. Judgment for $4,000, along with costs, is requested.
Case number: 11-C-344

Christopher J. Convey, Lela G. Convey vs. Assessor of Ohio County, et al.
PA- Pro Se; J- Mazzone
* Plainclothes officers without probable cause or warrant entered the walk-out basement patio area. They handcuffed plaintiff without reading him his Miranda rights and escorted him to their unmarked car. They interrogated him without an attorney present, asking him where the crystal meth, cocaine, heroin, and ecstasy were. Deputy Ron White said "exigent circumstances" prevailed and a warrant was not needed. Judgment is demanded in the amount of $1,000,000.00 for compensatory and punitive damages.
Case number: 11-C-346

Oct. 24
Mary J. Williams vs. Barry M. Hill
PA- Frank E. Simmerman, Jr.; J- Wilson
* Plaintiff comes to Court seeking to enforce her equitable entitlement to share in the profits misappropriated by defendant. In September 2002, defendant recruited plaintiff to leave the firm for which they both worked and join him in starting a new firm, which subsequently became Hill Toriseva & Williams. She was to share in the firm's profits; in addition to salary, 5 percent of the fees recovered from all matters on which she worked. Defendant began to wind down the firm's affairs; made plans to leave the firm and transfer cases to Burg Simpson and Anapol Schwartz in 2007. Defendant received monies owed to plaintiff. He transferred all active cases from Hill Williams to Anapol Schwartz and in doing so knowingly deprived plaintiff of the monies owed to her. Judgment is demanded on all VIII counts in a trial by jury.
Case number: 11-C-352

Oct. 26
Nathan McCarthy, individually, and on behalf of all others similarly situated vs. Veyance Industrial Services, Inc.
PA- Sandra K. Law; J- Recht
* Plaintiff files this class action suit on behalf of himself and all others employed at its West Virginia stores and facilities at various time from 2006 to 2011. McCarthy was employed until June 13, 2011 and claims entitlement to damages inclusive of unpaid wages and benefits; liquidated damages, fees and costs.
Case number: 11-C-353

James D. Craycraft, individually and on behalf of all others similarly situated vs. American Electric Power Co., Inc.
PA- Sandra K. Law; J- Wilson
* This class action arises from the defendant's violations of the West Virginia Wage Payment and Collection Act. Plaintiff was employed with defendant until April 29, 2011 and brings this class action suit on behalf of himself and all others employed at its West Virginia stores at various times from 2006 to 2011. Craycraft seeks damages inclusive of unpaid wages, fees and costs.
Case number: 11-C-354

Oct. 27
Craftmade International, Inc. Vs. Electrical Contractors Supply Co., Inc.
PA- John R. Keating; J- Gaughan
* Between Nov. 6, 2010, and April 1, 2011, plaintiff sold and delivered goods and materials at the place indicated on the invoices. Craftmade has demanded payment of the principle balance due on its Statement of Account of $12,255.21 but defendant has refused to pay. Judgment is demanded in their favor for the principal amount with a legal rate of 7 percent interest.
Case number: 11-C-355

Jessica Crowder vs. Ramonia McMillen, and Thorne Abrahamson Kennel, LLC
PA- David P. Robinson, III; J- Mazzone
* McMillen operated defendant Abrahamson's truck within the scope of her employment. On Oct. 28, 2009, on Warwood Avenue near North 11th Street, defendant caused a rear-end collision with Crowder. This accident has caused Crowder to suffer medical expenses and compensatory damages are demanded.
Case number: 11-C-356

Oct. 28
Steven Grandstaff vs. Wheeling Hospital, Inc., a/d/b/a Bishop Joseph Hodges Continuous Care Center, et al.
PA- Michael T. Collis; J- Gaughan
* From Sept. 3, 2009 to Oct. 27, 2009, Grandstaff was a resident at Continuous Care, within Wheeling Hospital. Defendant breached its fiduciary duty and fair dealing to Grandstaff by failing to provide the appropriate level of care and services to which he was entitled. Defendant suffered abuse and neglect for which compensatory and punitive damages are sought.
Case number: 11-C-358

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