CIVIL FILINGS: Kanawha County

By Kyla Asbury | Nov 18, 2011

Nov. 2
Rebecca L. Hoffman vs. Air Methods Corporation
PA- Todd S. Bailess, Joy B. Mega; J- James C. Stucky
* Hoffman was employed by the defendant from October 2010 until Oct. 14. She claims the defendant failed to pay her final wages within 72 hours of discharge. Hoffman is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-1954

Wanda Fleece and Leslie Swink, in their capacity as co-administratrices of the Estate of Robert E. Fleece vs. West Virginia Department of Transportation – Division of Highways
PA- Allan N. Karlin, Jane E. Peak, Sarah W. Montoro, Eric S. Black; J- Louis H. Bloom
* On Sept. 20, 2010, Robert Fleece was working for the defendant and was standing on a narrow platform at the rear of a dump truck and was raking gravel that was being dumped out of the truck. The plaintiffs claim Robert Fleece was ejected from the truck, over a chain at the back of the dump truck and onto the roadway when the driver backed up the truck and raised the dump truck bed. Robert Fleece was pronounced dead on arrival at War Memorial Hospital in Berkeley Springs. The plaintiffs are seeking damages for Robert Fleece's wrongful death.
Case number: 11-C-1959

Nov. 3
John Haulotte and Jessica R. Bradshaw-Haulotte vs. Sunny Acres Mobile Home Village
PA- David B. Richardson; J- Tod J. Kaufman
* The plaintiffs reside in the defendant's mobile home village. They claim since July their lot has continued to collapse and slip over the steep hill at the back of their mobile home. The plaintiffs are seeking compensatory and punitive damages.
Case number: 11-C-1962

Donna London and Chalese London, infant child by her next friend and mother, Donna London vs. Kanawha Valley Regional Transportation Authority, Bridgette A. Wriston and Ronald King
PA- Gloria M. Stephens; J- Carrie Webster
* On July 26, Donna London was a guest passenger in a Kanawha Valley Regional Transportation Authority bus when Wriston, who was driving a vehicle owned by King, caused a collision with the bus and caused Donna London's injuries. Donna London claims because of the injuries, her infant child suffered a loss of parental consortium. Donna London is seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-1964

Kathi L. Johnson vs. Kanawha Hospice Care, Inc.
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III, G. Patrick Jacobs; J- Louis H. Bloom
* Johnson was employed by the defendant from Nov. 23, 2009, until her employment was terminated on July 26. Johnson claims the defendant failed to pay her final wages within 72 hours of discharge. Johnson is seeking compensatory and liquidated damages.
Case number: 11-C-1965

Nov. 4
Candice Pudder vs. Wal-mart Stores, Inc. and Frank Tomblin
PA- Benjamin B. Ware; J- Jennifer Bailey
* Pudder was hired by Wal-mart to work as a pharmacist in its Elkins store on Jan. 29, 2007. Pudder claims she was promoted to pharmacist-in-charge and pharmacy manager on Feb. 1, 2010. Pudder claims when Tomblin replaced the previous district manager, he refused to pay her for work beyond 40 hours, contrary to her agreement with Wal-mart and refused to provide additional pharmacist staffing to afford her time needed to perform administrative duties required of a pharmacy manager. She claims when she complained, the defendants created working conditions so intolerable that she was compelled to resign her employment. Pudder is seeking compensatory and punitive damages.
Case number: 11-C-1970

Raymond Logan vs. Speed Mining, LLC; Lighting Contract Services, Inc.; Terry Spence; and Dean Brammer
PA- Matthew S. Criswell, Mark L. French; J- Louis H. Bloom
* Logan was hired by Lighting in early 2011 as an underground red hat miner. He claims he was assigned to work at Speed Mining, but during his employment he was subjected to severe racial remarks by co-workers and mine bosses. Logan claims later he was terminated from his employment, which he believes was because of his race. Logan is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-1972

Nov. 7
Deborah Marion, as parent and/or guardian of her minor son, Nathanial Marion vs. Kanawha County Board of Education
PA- James M. Barber; J- Jennifer Bailey
* On Feb. 17, Nathanial Marion was playing on the playground equipment located on the grounds at Bridge Elementary School when she fell from the slide rail and injured his arm. Deborah Marion is seeking compensatory damages.
Case number: 11-C-1975

Michael Miller vs. Karim Katrib, M.D.
PA- Richard D. Lindsay, Richard D. Lindsay; J- Louis H. Bloom
* On Nov. 18, 2010, Miller underwent a procedure performed by Katrib. He claims Katrib did not adequately administer and/or prescribe proper antibiotics. Later in the day, Miller was discharged and allowed to return home. The next day, Miller was air lifted by Healthnet to Charleston Area Medical Center, where he was diagnosed as suffering from septic shock, respiratory failure, liver failure and kidney failure. Miller is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-1978

Nov. 8
Nancy DuVall, as executrix of the Estate of Beatrice Fitzgerald vs. Herbert J. Thomas Memorial Hospital Association
PA- Robert V. Berthold, Christina L. Smith; J- Carrie Webster
* On Jan. 7, Fitzgerald fell at her home and was transported to the defendant's emergency room, where she was diagnosed with a right hip and right arm fracture. Throughout the night, nurses gave Fitzgerald Morphine IVP. Although her medical records said she should have 4mg of Morphine IVP, she was given 2mg because she told the nurses her pain was almost gone. Despite no complaints of pain, a nurse administered 20mg of Morphine IVP at 3:27 a.m. on Jan. 8, as opposed to the documented 4mg. Fitzgerald suffered respiratory arrest and coded, but was revived, according to the suit. DuVall claims following the morphine overdose and cardiac arrest, Fitzgerald's respiratory, renal and cardiac functions began to decline. After discharge from the hospital, Fitzgerald had to live in a nursing home and then in a hospice care center until she died on March 11. DuVall is seeking compensatory damages.
Case number: 11-C-1982

Nov. 10
Robert Morris and Jenny Morris vs. Smith & Nephew, Inc.
PA- Damon L. Ellis; J- James C. Stucky
* On Jan. 19, 2009, Mr. Morris was admitted to St. Francis Hospital for the purpose of undergoing a right knee arthroplasty surgery. On April 15, 2010, Mr. Morris was admitted to the hospital again, wherein it was discovered that the knee component placed during the first surgery had a complete failure, requiring additional revision and replacement of a new knee component. The couple is seeking compensatory and punitive damages.
Case number: 11-C-2001

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