WEST VIRGINIA RECORD

Oct. 7
Sirena R. Sexton vs. Williams Holdings, LLC dba Williams Transport
PA- Todd S. Bailess, Joy B. Mega; J- William S. Thompson
* Sexton says Defendant failed to timely pay her after she was discharged last September, which violates the West Virginia Wage Payment & Collection Act. She seeks jury determination of treble damages, attorney fees and court costs, pre- and post-judgment interests, plus such further relief Court deems just and equitable.
Case number: 11-C-196

Oct. 12
Doug Blevins vs. Independence Coal Co., Inc., Agent Corporation Service Co.
PA- David Grubb, Kristina Thomas Whiteaker; J- Thompson
* Blevins alleges wrongful discharge in violation of West Virginia Human Rights Act's prohibition against disability discrimination. He says further that coal company interfered with the exercise of his rights pursuant to the Family & Medical Leave Act by retaliation. Complaint cites fall of 2009 injury caused by a large rock falling onto the bed of a truck Blevins was operating that severely jarred his back and neck. He missed several work days late in 2009 and throughout 2010-11 for medical treatments. While he was hired in February 2009 as a drill operator, he was assigned to drive a rock truck. After his injury incident, Blevins advised superiors that driving the rock truck aggravated his back and neck pain more than operating a drill and requested truck time be limited to eight hours. But his assignments, he says, continued to be an entire eleven-hour shift. He had a physician's letter stating his spinal condition should limit truck driving to eight hours. Blevins was informed through company human resources last May that he was discharged for excuses, drill patterns, written-up for being late for work, complaining about driving a truck, and not properly documenting absences. Complaint seeks jury relief relative to a dozen counts that include Defendant violated a substantial public policy and Blevins is entitled to awards of back pay and benefits, employment reinstatement or alternative of front pay, compensatory and punitive damages, litigation costs, pre- and post-judgment interests, and such other relief deemed appropriate.
Case number: 11-C-199

Oct. 14
Blane Barker vs. Mountain Edge Mining, Newhall Contracting, Inc.; Speed Mining LLC, CT Corporation System; Patriot Coal Corp. CT Corporation System; Mark Harper, foreman Dorothy No.3 Mine; David Bess, superintendent Dorothy No. 3 Mine, and Frank Pearson, owner Dorothy No. 3 Mine
PA- Pamela A. Lambert; J- Thompson
* Personal injury suit says malfunctioning panic bar on a scoop caused an underground accident Oct. 16, 2009, at Dorothy No. 3 Mine near Prenter resulting in numerous injuries to Barker. He detailed how, while delivering supplies to the mine face, he had "to tram his scoop through a puddle of muddy water in which a crib block was situated." Barker claims he couldn't see the crib block, ran over it at a fast speed and was "tossed up into the canopy, striking his head." The panic bar failure, says Barker, kept the scoop from stopping until he ran into the rib. He claims he reported the panic bar problem "many times" to superiors. He suffered neck, lower back, left knee and shoulder injuries, and lost four front teeth suffering mouth injuries. Barker was terminated in January 2010 and Defendants did not reinstate him to his former position, or inform him of a comparable available position when given a duly written medical release for him. He seeks jury judgment jointly and severally for an amount in excess of Court's minimum jurisdiction. Also: Past, present and future medical and non-medical damages in an amount to be determined; compensatory and punitive damages, pre- and post-judgment interests, litigation expenses, and all other costs and expenses deemed proper and just.
Case number: 11-C-203