West Virginia Record

Oct. 17
Brian Blevins vs. Independence Coal Co., Inc.; Agent Corporation Service Co.
PA- David Grubb, Kristina Thomas Whiteaker; J- William S. Thompson
* Plaintiff began employment with Independence around February 2008 as a rock truck driver. He says sinus condition caused him to miss work in fall 2009 and early 2010, always providing doctor's excuses. Blevins says he informed supervisor that he would have sinus surgery and need time off for recovery. Late in April 2010 Blevins was given medical release to return to work, but was informed he was being "laid off' because work was slow. He contends rock truck drivers were hired afterward and he is entitled to jury awards of damages, injunctive relief and other equitable and legal relief pursuant to the West Virginia Human Rights Act, Family & Medical Leave Act, and State common law.
Case number: 11 -C-206

David Shields vs. Alpha Appalachia Services, Inc.; Agent Corporation Service Co.; Massey Coal Services, Inc.; Nicholas Energy Co. and Jon Brown
PA- David Grubb, Kristina Thomas Whiteaker; J- William S. Thompson
* Citing wrongful discharge, Summersville resident wants jury action for money damages, injunctive and declaratory relief, plus other equitable and legal relief. Shields claims he was fired because he complained about unsafe working conditions and refused to take part in unlawful safety practices. He was employed as an assistant safety director from June 2008 to last February at Nicholas Energy, where Jon Brown was president.
Case number: 11-C-207

Oct. 18
Hope Gas, Inc., d/b/a Dominion Hope vs. Kaleb Halstead
PA- James W. Turner, Jessica L. Wiley; J- William S. Thompson
* Gas company wants Halstead to pay $14,194 for damages to a mainline pipe at Racine where he did excavation work, complaining he failed to contact "Miss Utility" pursuant to State law. As a consequence, the company complains, no utilities were marked in the excavation area.
Case number: 11-C-208

Oct. 19
Jason M. Stanley vs. Performance Coal Co. et al
PA- J. Michael Ranson, Cynthia M. Ranson, G. Patrick Jacobs; J- William S. Thompson
* Miscellaneous civil suit brought by a contract worker injured April 5, 2010, at the Upper Big Branch Mine underground explosion lists 14 Massey Energy Co. high ranking officials and board members as defendants along with Performance Coal. Jason Stanley worked for David Stanley Consultants at the site where 29 miners were fatally injured. Complaint says "as a direct and proximate result of their illegal and unlawful conduct, defendants are liable to Jason Stanley for his personal injuries and pain and suffering and mental anguish and distress." Case projected for jury trial in August, seeks judgment jointly and severally for compensatory and punitive damages, litigation expenses, pre- and post-judgment interest, plus any and all other relief to which the plaintiff is entitled.
Case number: 11-C-210

Oct. 21
Shelby Cook vs. Boone Memorial Hospital, Inc.
PA- G. Patrick Jacobs; J- William S. Thompson
* Personal injury suit says Cook was in a wheelchair when hospital employee lost control of it on a steep ramp, where Plaintiff's hand was injured on a railing. She seeks jury awards of compensatory damages, pre- and post-judgment interest and litigation costs.
Case number: 11-C-211