CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Feb. 24, 2012, 1:30am

Feb. 9
Holly E. McComas vs. Gentiva Health Services, Inc.; Gentiva Certified Healthcare Corp.; Gentiva Health Services (USA), Inc.; and Elizabeth Chambers
PA- C. Benjamin Salango; J- Charles E. King
* McComas was employed by Gentiva. On Jan. 22, 2010, McComas placed a phone call to the defendants' human resources director to complain about fraudulent Medicare billing practices at Gentiva's Charleston branch. She claims on Feb. 2, 2010, she and other employees made more complaints about the practice of Medicare fraud. Later in the week, McComas contacted the human resources department again because she feared she would be retaliated against because she came forward to report the Medicare fraud, but was assured no such thing would occur, according to the suit. McComas claims she was discharged on April 8, 2010. McComas is seeking compensatory and punitive damages with pre-judgment interest.
Case number: 12-C-257

Julie Ray, administratrix of the Estate of Cluther Allen Ray vs. Thomas Health System, Inc. d/b/a Thomas Memorial Hospital
PA- Richard D. Lindsay; J- Carrie Webster
* On Feb. 16, 2011, Cluther Ray presented to the defendant's emergency department with complaints of abdominal pain and upper gastric pain. Julie Ray claims tests were done and Cluther Ray's cardiac enzymes were elevated, but nothing was done about them. On Feb. 17, 2011, a cardiologist was consulted and it was discovered Cluther Ray had a heart attack, according to the suit. Julie Ray claims Cluther Ray had emergency heart surgery. Cluther Ray never left the hospital and died on May 4, 2011. Julie Ray is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-258

Edgar Barry Reed and Savannah Reed vs. Charleston Lube Partners, LLC d/b/a Quaker Steak and Lube; Charleston WV-QSL Holdings, LLC; Ridge Line, Inc.; and Jane Doe
PA- Christian R. Harris, Howard M. Persinger III; J- Paul Zakaib Jr.
* On April 20, 2011, Edgar Barry Reed and his daughter, Savannah Reed, entered Quaker Steak and Lube for the purpose of eating lunch. Edgar Barry Reed fell into an uncovered recession as he attempted to leave the restaurant, according to the suit. Edgar Barry Reed and Savannah Reed are seeking compensatory damages.
Case number: 12-C-260

Feb. 10
Kevin McKenzie vs. Wal-mart
PA- Trent A. Redman, Michael D. Payne; J-James C. Stucky
* On Feb. 12, 2010, McKenzie slipped on ice and snow in the parking lot at Wal-mart and fell. McKenzie is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-261

Feb. 13
Mildred McHenry vs. LeGrand Services, Inc. d/b/a LeGrand Hair Salon
PA- Cynthia E. Evans; J- Carrie Webster
* On Feb. 12, 2010, McHenry was a patron at the beauty salon when she fell on the ground after attempting to walk on uneven mats, which were placed on the ground by the defendant. McHenry is seeking compensatory and punitive damages.
Case number: 12-C-276

Debbie Schmitt vs. Liberty Candy Co., Inc.
PA- Mark A. Atkinson; J- Charles King
* Schmitt was employed by the defendant for approximately 11 years. In April 2010, Schmitt missed several weeks of work due to a severe pulmonary condition. She claims in June 2011 she injured her back and filed a Workers' Compensation claim and was off work until Nov. 21, 2011, when she was informed by the defendant that her employment was terminated. Schmitt is seeking compensatory and punitive damages with pre-judgment interest.
Case number: 12-C-277




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