CIVIL FILINGS: Kanawha County

By Kyla Asbury | Aug 3, 2012

July 13

July 13
Carol J. Crites and Linda J. Walker vs. West Virginia-American Water Company d/b/a West Virginia American Water and Elk Valley Public Service District
PA- Robert B. Allen; J- Louis H. Bloom
* On July 14, 2010, a leak developed in a water line owned, operated and maintained by the West Virginia American Water, which runs across the front of the property owned by Crites and Walker. The plaintiffs claim the leak caused damage to their property. They are seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-1365

July 16
Carolyn Hefner vs. West Virginia Conservation Agency and West Virginia State Conservation Committee
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III, Charles R. Webb; J- Jennifer Bailey
* Hefner has been employed by the West Virginia Conservation Agency since Sept. 16, 1996. Hefner claims the defendant has not promoted or hired her because of her sex, in violation of the West Virginia Human Rights Act. Hefner is seeking compensatory damages.
Case number: 12-C-1378

July 19
Kelly Company, Inc. vs. the Good Earth Organics Corporation a/k/a Good Earth Horticulture
PA- Rick Holroyd; J- Paul Zakaib Jr.
* On July 14, 2008, the parties entered into a sales representative agreement. Kelly Company claims the defendant has refused and failed to pay all commissions due. Kelly Company is seeking judgment in an amount to be determined by the court.
Case number: 12-C-1410

July 20
Emmett Williams; Dale Rosenbrook and Susan Rosenbrook; Craig Reed; Terry Harvey; and Isaac Croy vs. Manisha Patel; Pikes, Inc. d/b/a Holiday Inn Express Hotels & Suites; Steve Combs; Karen Combs; Premier Pools, LLC; JP Mechanical, Inc.; Holiday Hospitality Franchising, Inc.; and Six Continents Hotels, Inc.
PA- Thomas A. Rist; J- James C. Stucky, Tod J. Kaufman, Louis H. Bloom, Charles E. King
* On Jan. 31, the plaintiffs were staying at Holiday Inn Express when there was a carbon monoxide leak that caused injuries. The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1417, 12-C-1418, 12-C-1419, 12-C-1420, 12-C-1424

W.M., individually and as parent of E.M. vs. Public Employees Insurance Agency; Express Scripts, Inc.; and MCMC, LLC
PA- John Andrew Smith; J- Paul Zakaib Jr.
* E.M. was born on June 18, 2008, and was diagnosed with central precocious puberty as a result of a hypothalamic hamartoma and has had to undergo various treatments in an effort to prevent progression of his condition. W.M. claims the defendants refused to authorize a treatment for E.M. because it was not "medically necessary." W.M. is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-1425

Pamela Nagy vs. PetSmart, Inc.; John Doe 1; and John Doe 2
PA- Pamela A. Lambert; J- Carrie Webster
* On July 22, 2010, Nagy was an invitee and a customer at PetSmart in Charleston when she fell as a result of the floor near the fish tanks being wet and slick. Nagy is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-1433

July 24
Russell Schoolcraft vs. Chesapeake Appalachia, LLC; Signal Completion Services, LLC; and H&H Oilfield Services, LLC
PA- William L. Frame; J- James C. Stucky
* On Feb. 23, 2011, the defendants were performing well completion services and in the course of separating the condensate from other fluids, hydrocarbon vapors were released into the atmosphere. As a result of the defendants' negligence, Schoolcraft sustained severe and permanent burn injuries over portions of his body. Schoolcraft is seeking compensatory and punitive damages.
Case number: 12-C-1442

Nancy J. Lovell vs. Performance Industrial Coatings and Rhino Linings Corporation
PA- Andrew L. Ellis, Mychal S. Schulz, Aric M. Spitz; J- Tod J. Kaufman
* In June 2011, Lovell met with a representative of Performance to discuss hiring the defendant to finish or refinish a fountain in her yard. Lovell claims the defendants caused a slickness problem surrounding the pool after the defendants worked on the fountain. Lovell claims because a safety hazard was created as a result of the defendants' acts, she refused to pay the $9,500 it charged her, resulting in Performance filing and having her served with a notice of a mechanic's lien against her property. Lovell is seeking compensatory and punitive damages with pre- and post-judgment interest
Case number: 12-C-1452

July 26
Kushom Gurung, Holly McDowell, Rita Southern, Roseanna Wingerd, Jessica Miller, Heather Copen, Josha O'Dell, Jodie Harris, Leigh Farmer Ellison, Heather Baldwin, Ruthanna Withrow, Heather Ruckman, Justin O'Dell, Christina Lawson, Valerie Fleming, Kimberly Cales, Sara Stein, Tammy White, Amanda Smith, Susan Rose, Patsy Stoots, Mary Smailes, Kristen Rinehart and Stacie Richmond vs. Mountain State University, Charles Polk and Mountain State University Board of Trustees
PA- William Druckman, Madonna Estep, John P. Fishwick Jr., Monica L. Mroz; J- Carrie Webster, Louis H. Bloom, Tod J. Kaufman, James C. Stucky, Jennifer Bailey, Paul Zakaib Jr., Charles E. King
* The 24 plaintiffs claim Mountain State University failed to keep them informed regarding the status of the school's accreditation. The plaintiffs are seeking compensatory and punitive damages.
Case number: 12-C-1468, 12-C-1469, 12-C-1470, 12-C-1471, 12-C-1472, 12-C-1473, 12-C-1474, 12-C-1475, 12-C-1476, 12-C-1477, 12-C-1478, 12-C-1479, 12-C-1480, 12-C-1481, 12-C-1482, 12-C-1483, 12-C-1484, 12-C-1485, 12-C-1486, 12-C-1487, 12-C-1488, 12-C-1489, 12-C-1490, 12-C-1491

Judith Whittington and Nyle Whittington vs. Garland Wilson Hannan and Joe Holland Chevrolet, Inc.
PA- Michael J. Del Giudice; J- James C. Stucky
* On Aug. 13, 2010, Judith Whittington was operating her motor vehicle at the intersection of Washington and Jefferson Roads in South Charleston when Hannan put a vehicle owned by Joe Holland Chevrolet in reverse and backed into Judith Whittington's vehicle. The Whittingtons are seeking compensatory and punitive damages.
Case number: 12-C-1496

July 27
Steven McGowan and Judith McGowan vs. Nissan North America, Inc.
PA- Steven P. McGowan; J- Carrie Webster
* On June 9, 2010, the McGowans purchased a new 2010 Nissan Murano from the defendant. They claim the vehicle was defective. The McGowans are seeking compensatory damages.
Case number: 12-C-1503

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