CIVIL FILINGS: Kanawha County

By Kyla Asbury | Aug 31, 2012

Aug. 17
Shannon R. Zakaib and Stefan A. Zakaib, her husband; Gracin I. Zakaib, her daughter; and Gavin A. Zakaib, her son vs. Jacqueline H. Portillo, as executrix of the Estate of Augusto L. Portillo, M.D.
PA- Marvin W. Masters, Richard A. Monahan; J- Tod J. Kaufman
* On May 21, 2008, Augusto Portillo performed a reconstructive surgery following Shannon Zakaib's necessary bilateral mastectomies. Shannon Zakaib claims after the surgery when she requested follow-up treatment, she was informed he was no longer practicing. Shannon Zakaib claims she requested her records, but the defendant failed and/or refused to produce them and on Sept. 27, 2010, she was informed by a different surgeon that Augusto Portillo had failed to install the correct devices which she had chosen and believed had been implanted, which required her to endure additional surgeries. The Zakaibs are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1654

Aug. 21
Samantha McFarland, Cheri Reed, Rhonda Ray, George Gonzalez, Alisha Bragg and Tamra Garvin vs. Mountain State University, Inc.; Charles Polk; and the Mountain State University Board of Trustees
PA- William Druckman, Madonna Estep, John P. Fishwick Jr., Monica L. Mroz; J- Carrie Webster, Paul Zakaib Jr., James C. Stucky, Louis H. Bloom, Charles E. King, Tod J. Kaufman
* The plaintiffs were students at Mountain State University and claim the defendants failed to inform them of the university's accreditation status. They are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1672, 12-C-1673, 12-C-1674, 12-C-1675, 12-C-1676, 12-C-1677

DB Land, LLC vs. Empire Consulting Services, LLC and Snap Creek Processing, Inc.
PA- Rudolph L. Di Trapano, Joshua Barrett, Elizabeth G. Kavitz, Mary L. Wolff; J- Louis H. Bloom
* Beginning in 2009, Empire agreed to perform consulting services for DB Land to assist DB in evaluating a possible acquisition of mineral leasehold interests from Snap Creek. DB claims it later learned Empire misrepresented its information. DB Land is seeking compensatory damages.
Case number: 12-C-1678

James D. Holbrook and Guyneth M. Holbrook, his wife vs. A.K. Steel Corporation; 3M Company; Ajax Magnathermic Corp.; et al
PA- Bronwyn I. Rinehart; J- visiting
* The South Shore, Ky., couple claims the 71 defendants are responsible for James Holbrook's esophageal cancer. They are seeking a jury trial to resolve all issues involved.
Case number: 12-C-1680

Willis Nottingham and Kathy Nottingham vs. Edmundo Figueroa, M.D.; Robert Smith, M.D.; and Charleston Area Medical Center, Inc.
PA- William S. Druckman, Madonna C. Estep; J- Louis H. Bloom
* Willis Nottingham had a coronary artery bypass grafting procedure on Feb. 15, 2002, which was performed by the defendants. During the procedure, a foreign body was left in his chest cavity, which caused him injuries. The Nottinghams are seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-1682

David Burgess and Pamela Huck vs. Dealers Assurance Company; Ashby's Pre-Owned Autos, Inc.; and Mel Conley, individually and as an agent of Ashby's Pre-Owned Auto, Inc.
PA- Mark L. French, Matthew S. Criswell, Steven M. Condaras; J- James C. Stucky
* On May 25, 2011, the plaintiffs purchased a 2000 Ford Explorer from Ashby's. On at least four separate occasions, the plaintiffs took they vehicle for warranty repairs, and on Jan. 24, they discovered the vehicle's engine block was warped and cracked, so they submitted a claim to the defendant, which was denied. The plaintiffs are seeking compensatory and punitive damages with pre-judgment interest.
Case number: 12-C-1684

Aug. 22
Steve Simons; Simons Promotions, LLC; and West Virginia Baseball, LLC vs. Ernest Butch Hiles; Butch Hiles Brazilian Jiu Jitsu & MMA, LLC d/b/a Advanced BKJ and/or the WV Games
PA- Christopher A. Brumley, Philip A. Reale II; J- Louis H. Bloom
* Between August 2006 until June 2012, Simons entered into agreements with West Virginia Baseball to use its stadium to put on boxing and MMA events. Each of the events have been profitable endeavors for both Simons and West Virginia Baseball, except for the June 8 event, which did not make a profit due to Hiles' intentional, wrongful, malicious and unlawful publication of false and defamatory statements about Simons. The plaintiffs are seeking compensatory and punitive damages.
Case number: 12-C-1688

Jerry McGhee vs. Logan's Roadhouse, Inc.; Douglas Rent; and Elizabeth Keating
PA- Mark McMillian; J- Carrie Webster
* On Aug. 27, 2010, McGhee was on the defendants' premises as a guest. McGhee claims he slipped and fell when he went to the bathroom and was injured. McGhee is seeking compensatory damages.
Case number: 12-C-1690

Aug. 23
Rickey E. Brown vs. Kanawha Valley Regional Transportation Authority a/k/a KRT
PA- William C. Forbes, W. Jesse Forbes; J- James C. Stucky
* On Sept. 4, 2010, Brown was attempting to board a KRT bus as a patron when the driver closed the bus doors on Brown's right arm. Brown is seeking compensatory damages.
Case number: 12-C-1699

Anita Arnold vs. Robert Bongchul Shin, M.D.; Charleston Area Medical Center, Inc.; and the West Virginia University Board of Governors
PA- Richard D. Lindsay, Dr. Richard D. Lindsay; J- Carrie Webster
* On Oct. 5, 2010, Arnold went to CAMC's emergency room. Arnold claims the defendants failed to timely treat free air in her abdomen until the following day, which required her to endure multiple required surgeries. Arnold is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-1703

Aug. 24
Richard A. Nease and Lorinda J. Nease, husband and wife vs. Ron King, "Fire Marshal/Code Official" for the City of Nitro; David A. Casebolt, duly elected and serving Mayor for the City of Nitro; and the City of Nitro
PA- James A. Dodrill; J- Charles E. King
* The Neases made a request through their legal counsel, directly to King for certain public records on June 14 and were told the defendants would be working to compile the information. On July 26, after not hearing further response, they requested the information again and on July 31, were told some of the records would have to be manually pulled and copied, which they would have to pay for. On Aug. 3, the plaintiffs responded that they were not willing to assume the expenses of any employee of the City associated with pulling or photocopying any documents and reminded the defendants that it is not authorized to charge for an employee's time in searching, pulling or copying documents or other things. The Neases claim the defendants have knowingly, willfully, maliciously and wrongfully failed and refused to further respond to the request. The Neases are seeking entry of an appropriate order enjoining the defendants from withholding public records and an entry of the appropriate order compelling the defendants to immediately produce the requested public records.
Case number: 12-C-1716

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