CIVIL FILINGS: Cabell County

by Kyla Asbury |
Nov. 11, 2011, 1:20am

Oct. 31
L. Linda Mays vs. Adel A. Faltaous, M.D. and University Physicians & Surgeons d/b/a University Plastic Surgeons
PA- Jeffrey V. Mehalic; J- David M. Pancake
* Mays underwent a mastectomy and reconstructive surgery of her left breast, including a breast implant. Mays claims the implant ruptured and on Oct. 20, 2010, she went to Faltaous for consultation to determine whether the plastic surgeon could repair the rupture and Faltaous took photographs of her breast for reference. On Nov. 1, 2010, the photographs were sent to St. Mary's Medical Center, which was Mays' place of work, which upset Mays, according to the suit. Mays is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-815

Nov. 2
Slav N. Gratchev vs. Stephen M. Nichols
PA- pro se; J- David M. Pancake
* Every day starting at 6 a.m., buses make turns on Nichols' property. Gratchev claims the buses make nterrible noises and have bright lights that result in waking up his entire family. Gratchev claims the business operations violates the quiet time established by Cabell County and violates his right of peaceful and quiet living. Gratchev is seeking compensatory damages and for the defendant to prohibit lending his property to be used by the buses.
Case number: 11-C-818

Michael Allen Rigney vs. Dakota Joe Mohr
PA- Paul E. Biser; J- F. Jane Hustead
* On Oct. 29, 2010, Rigney was a pedestrian standing at the intersection of Pine Haven Drive and U.S. Route 60 in Huntington when Mohr struck him with his vehicle. Rigney is seeking compensatory damages.
Case number: 11-C-819

Nov. 3
Carl B. Cox vs. the City of Barboursville, W.Va.; B.A. Butler, individually and as patrolman for the Barboursville Police Department; and B.D. Vickers, individually and as corporal of Barboursville Police Department
PA- Barry L. Bruce; J- F. Jane Hustead
* On Nov. 6, 2009, Cox, his daughter and son were proceeding to the Holiday Inn Express in Barboursville with Cox's daughter driving the vehicle. Cox claims his daughter was obeying all traffic laws, was not speeding or weaving and all of the equipment on the vehicle was working properly. Cox claims his daughter was stopped at a red light when they noticed police lights behind the vehicle. Cox claims without explanation, officers ordered his daughter to throw her keys onto the ground, which upset Cox. The officers used excessive force and subdued Cox by unnecessary chemical spray directly into his face, according to the suit. Cox is seeking compensatory damages.
Case number: 11-C-822

Nov. 4
Peggy Wysong, as administratrix of the Estate of Marian Hyden vs. Philip Fisher, D.O.
PA- William M. Tiano; J- David M. Pancake
* On Nov. 27, 2009, Hyden was found dead in her apartment. Wysong claims Hyden was a certified nurse anesthetist who was employed by the defendant, was also a patient of the defendant and lived with the defendant in a home the two of them shared. Wysong claims the defendant deviated from the standard of care by inappropriately prescribing medication to Hyden, failing to monitor her narcotic pain medication use and failed to keep accurate records relating to his prescribing medication to patients. Wysong is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-826

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