WEST VIRGINIA RECORD

May 3
Jack D. Holley vs. Cequel III Communications I, LLC d/b/a Suddenlink; Cequel III Communications II, LLC d/b/a Suddenlink; Duska Arbaugh; and John Cox
PA- Debra C. Price; J- William S. Thompson
* Holley, age 56, charges Disability and Age Discrimination, and retaliation for filing for Workers' Compensation was responsible for losing his job. The Cabell County resident says he was employed by Cequel III Communications I and/or predecessor Cequel III Communications II, d/b/a Suddenlink from 2005 until wrongful termination last Feb. 14 by letter from Human Resources Director Arbaugh. Complaint says Holley injured his knee in May 2011 while working outside as a service and installation technician. He got emergency room treatment and applied for and received Workers' Comp benefits. While receiving ongoing treatment that included physical therapy, he was put on light duty in the dispatcher's office. He had knee surgery November 2011 and returned to light duty work Dec. 26. While working in the warehouse, Holley's physician took him off light duty, but ruled out outside pole climbing. Company and Manager Cox created a delivery position, took applications and required Holley to apply, says complaint, although he had been performing that position for weeks, and awarded the job to a younger person. Suit seeks jury judgment for compensatory and punitive damages, post-judgment interest, attorney's fees and further relief deemed appropriate.
Case number: 12-C-111
 
May 9
Discover Bank vs. Alice Butcher
PA- Edna Jenelle Coulter, Christopher A. Dawson, Steven B. Mulrooney; J- Thompson
* Charlotte, N.C., bank complains Costa resident owes more than $11,000 on her Discover card and is attempting to collect a debt.
Case number: 12-C-112
 
May 10
Sheila A. Erwin, Individually and as Executrix of Estate of James Robie Erwin vs. Spartan Mining Co.
PA- Brian L. Ooten; J- Thompson
* Widow seeks wrongful death judgment concerning Erwin's on-the-job, fatal injuries May 2010 in Spartan's Ruby Energy underground coal mine in Mingo County. Erwin was operating a continuous mining machine when struck by a loaded shuttle car and pinned against the mine rib. He died 11 days later. Spartan is accused of placing Erwin in an unlawful and dangerous life threatening position when day shift crew was directed "to build a permanent stopping in an attempt to correct ventilation problems..." That project changed the route for shuttle car operators to load and unload in the mining section which "caused the shuttle cars to enter the section where the decedent was...at a tight sharp angle with reduced visibility." Suit prays for a dozen jury awards, including medical and funeral expenses, lost wages, loss of consortium, all damages authorized by State Wrongful Death Act for plaintiff and other members of decedent's family, litigation expenses, and pre- and post-judgment interest.
Case number: 12-C-114
 
Mark Casterline, Individually and on behalf of Estate and Wrongful Death Beneficiaries of Charles Casterline vs. Advocat, Inc.; Diversicare Leasing Corp.; Diversicare Managment Services Co.; Sterling Health Care Management, Inc.; Omega Healthcare, Inc.; and Steven Gardner, Administrator; John Does 1-10; and Unidentified Entities 1-10
PA- Michael J. Fuller Jr.; J- Thompson
* Suit wants jury to determine sum of award exceeding minimum jurisdictional amount to adequately compensate for all injuries and damage sustained by 73- year-old decedent in Boone Nursing & Rehabilitation Center; general, special and punitive damages, litigation costs, and all other relief entitled by law. Complaint says facility at Danville accelerated deterioration of Casterline's health beyond normal aging because of dehydration, malnutrition, falls and poor hygiene.
Case number: 12-C-117
 
May 15
Eric White vs. Coal River Mining, LLC; Coal River Energy, LLC, and Regional Mine Service, LLC
PA- Matthew M. Hatfield; J- Thompson
* Complaint says Coal River Mining and/or Coal River Energy owned and operated the Fork Creek mining complex where White was employed in June 2010 as a general laborer. He suffered serious and permanent injuries last July 1, says complaint, while assisting with recovery of a water pipeline. Riding a scoop hooked by chain to move the pipeline, White continues, pipe got lodged on mine floor track, or rail, broke loose and hit him when "propelled toward the scoop." White says he was medically released in February 2011 to go back to work, but Regional Mine did not reinstate him. He wants jury judgment in an amount exceeding jurisdictional limit to fully compensate him for his loss and injuries, and award court costs, pre- and post-judgment interest, punitive damages and such further just and proper relief.
Case number: 12-C-118