CIVIL FILINGS: Monongalia County

Feb. 29
Robert Stewart, DVM vs. West Virginia Board of Veterinary Medicine
PA Albert C. Dunn Jr.; J-NA
* In July 2011, Stewart entered a Consent Agreement and Order limiting his practice and procedures due to an emergency condition. In January 2012, the Board of Veterinary Medicine filed a Statement of Charges and Notice of Hearing against Stewart alleging violations of the July 2011 Consent Agreement. Stewart also received an Order of Summary Suspension. Stewart claims he received incomplete and/or inaccurate versions of the charges against him. A hearing was scheduled for Feb. 17, but was continued because the Board failed to hire a reporter. Stewart alleges he has not received a corrected final version of the Statement of Charges. As such, he has been unable to contest the allegations made against him and unable to practice since his license is still suspended. He is seeking a Writ of Prohibition against the Board of Veterinary Medicine prohibiting the Board from suspending his license until a final disposition is reached.
Case number: 12-C-136

March 2
Joshua Davisson vs. Devon McCartney, James McCartney and Springfield Armory
PA-Taylor B. Downs; J-NA
* While visiting the residence of William McCartney, Davisson suffered injuries when Devon McCartney mishandled a .40-caliber Springfield Armory XD-40 subcompact pistol, causing the gun to discharge. Davisson was shot in the sternum and the bullet lodged in his left thigh. He is seeking damages against McCartney for injuries suffered and damages against Springfield Armory for the gun's defective design and lack of warning of the risks that a round of ammunition may be in the chamber when the magazine is empty or removed from the gun.
Case number: 12-C-148