CIVIL FILINGS: Kanawha County

By Kyla Asbury | Jul 20, 2012

July 3
Cynthia Marie Ellis vs. the City of Charleston and Steve Cooper
PA- Edward ReBrook III; J- Paul Zakaib Jr.
* On July 16, 2010, Ellis was operating her motor vehicle in a safe and lawful manner when Cooper negligently rear-ended her vehicle, causing her to crash into the vehicle in front of her. The vehicle Cooper was operating was a 2003 Ford Crown Victoria police cruiser owned by the City of Charleston and which he was operating in his capacity as a police officer for the City of Charleston. Ellis is seeking compensatory damages.
Case number: 12-C-1226

July 5
William Price vs. Trooper Marsh, Trooper John Doe, Col. C.R. Smithers and the West Virginia State Police
PA- Sean W. Cook; J- James C. Stucky
* On July 22, 2010, Price claims the defendants beat him, caused him to crash his ATV and violated his civil rights. Price is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1242

July 6
Chadwic Pauley vs. Russell B. Sears d/b/a Corral Bar & Grill, LLC
PA- Shannon M. Bland; J- Carrie Webster
* On July 11, 2010, Pauley was on the defendant's premises as a paying customer. He claims upon leaving the premises, he was attacked by patrons and/or employees of the defendant. Pauley is seeking compensatory damages.
Case number: 12-C-1266

Jason Rusnak vs. Praxair, Inc. and Bell Mechanical, Inc.
PA- Brett J. Preston, C. Benjamin Salango, Dan R. Snuffer; J- Paul Zakaib Jr.
* On Dec. 5, 2011, Rusnak was employed by Bell as a laborer and was working at Praxair's Marmet facility when a large quantity of anhydrous ammonia was released and caused him injuries. Rusnak is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1270

July 9
Tenna Dillard, Tabitha Jeffries, Jami Parlett and Twyla Hamlin vs. Mountain State University, Inc.; Charles H. Polk; and the Mountain State University Board of Trustees
PA- Stephen P. New, S. Douglas Adkins; J- Charles E. King, Paul Zakaib Jr., Louis H. Bloom, James C. Stucky
* The four plaintiffs claim they were admitted into Mountain State University's nursing program for a Bachelors of Science in Nursing degree. They claim when they were admitted to the program, they were informed the program was accredited by NLNAC and WVBRN, but later discovered the program no longer had full accreditation status. The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1273, 12-C-1274, 12-C-1276, 12-C-1277

C.S., an infant, by his legal guardians, Clark H. Samples III and Heather S. Samples vs. Kanawha County Board of Education, Megan Carpenter and Cathi Bradley
PA- Dana F. Eddy; J- Carrie Webster
* C.S. was diagnosed with autism, but is considered highly functional and is enrolled in Elk Center Elementary School in Mink Shoal. His parents claim C.S. was placed in a classroom designated for exceptional students, but which is frequently referred to as the special education room, and was under the supervision of Bradley, who is the principal of the school, and Carpenter, who is the teacher assigned to C.S.'s classroom. The defendants supervised C.S. without regard to his needs as a child with autism and without regard to his individualized education plan, according to the suit. The plaintiffs claim the defendants also improperly restrained C.S. by the use of Rifton Chairs and would ignore his cues that he needed to use the restroom, resulting in him wetting himself and suffering humiliation. The plaintiffs are seeking compensatory and punitive damages.
Case number: 12-C-1278

July 10
Brian Bateman, individually and as parent of P.E.B., a minor child vs. J.C. Penney Corporation, Inc.
PA- Truman C. Griffith; J- Jennifer Bailey
* On Aug. 4, 2011, P.E.B. was shopping with her parents at J.C. Penney in Charleston when a glass shelf fell and crashed on her leg, causing her significant injuries. Bateman is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-1283

Karen Kay Rahall, power of attorney for Theresa Rahall vs. Select Specialty Hospital-Charleston, Inc.
PA- Richard E. Hardison Jr.; J- Charles E. King
* On Feb. 17, 2010, Theresa Rahall was admitted to St. Francis Hospital for an ulcer on her foot, which was operated on two days later. On Feb. 23, 2010, Karen Rahall noticed mats and/or pads on each side of her mother's bed and upon inquiry, learned that her mother had fallen. Later that day, Karen Rahall claims her mother was transferred to Select Specialty and became increasingly confused and started trying to get out of bed. On March 7, 2010, Theresa Rahall fell to the floor with great force, causing a laceration to her head, bruising to her left knee and fractured vertebrae in her back that was not diagnosed properly until approximately nine days later. Karen Rahall is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-1285

July 11
Stephen Butcher vs. Logan's Roadhouse, Inc. and CBRL Group, Inc.
PA- John J. Mize; J- Tod J. Kaufman
* On Feb. 13, 2011, Butcher visited Logan's Roadhouse in Charleston. He claims the salad he was eating contained broken glass and caused him injuries when he unknowingly bit into the glass in his salad. Butcher is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1288

Jeff Burger, Amanda Burger and Dale Burger, on behalf of themselves and all others similarly situated vs. Mountain State University, Charles H. Polk and the Mountain State University Board of Trustees
PA- Lonnie C. Simmons, Sean P. McGinley, Robert M. Bastress III, Charles R. Webb; J- Carrie Webster
* From 2008 until July, the defendants reassured the plaintiffs and the putative class members that MSU was in sound shape, when in fact it was not. The plaintiffs claim on June 28 the Board of Trustees of the Higher Learning Commission acted to withdraw MSU's accreditation effective Aug. 27 and on July 9, the HLC informed the defendants of its decision, which was not made public until July 10. The plaintiffs are seeking compensatory and punitive damages.
Case number: 12-C-1293

July 12
Laura R. Ennis vs. City Holding Company
PA- Michael J. Del Giudice; J- Charles E. King
* Ennis was employed by the defendant beginning in March 2004. She claims in early 2007 an employee began to sexually harass her and in November 2007 the employee was moved to another location. On Sept. 4, 2009, Ennis had her second child and took off work to care for her newborn until December 2009. Ennis claims after returning to work, the defendant began to retaliate against her for reporting the sexual harassment and/or exercising her rights to take time off work under the Family Medical Leave Act and on April 12, her employment was terminated. Ennis is seeking compensatory and punitive damages
Case number: 12-C-1296

Kimberly H. O'Toole, Ph.D. vs. Mountain State University, Inc. and Charles H. Polk
PA- C. Benjamin Salango, Patrick Joseph Salango; J- Paul Zakaib Jr.
* From August 2006 until Jan. 20, 2011, O'Toole was employed as a professor of sociology by the defendant. In October 2010, O'Toole and other faculty members were summoned to a meeting with Executive Vice President and Chief Academic Officer Roslyn Clark-Artis, where they were advised that accreditation for the defendant's School of Nursing was in jeopardy, but they were instructed not to discuss the problems with the students. O'Toole claims she was approached by several students regarding accreditation and she refused to lie to the students and told them the truth. On Jan. 20, 2011, the defendants fired O'Toole for telling the students about the accreditation issues. O'Toole is seeking compensatory and punitive damages.
Case number: 12-C-1297

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