CIVIL FILINGS: Kanawha County

By Kyla Asbury | Sep 7, 2012

Aug. 21
Penni Sue Davis vs. Kanawha County Sheriff's Department and Kanawha County Commission
PA- Robert D. Cline Jr., Robert A. Campbell, Eric M. Hayhurst; J- Paul Zakaib Jr.
* On Sept. 14, 2010, Davis was a pedestrian on private property in Cross Lanes when Deputy A.D. Cosby, a deputy of the Kanawha County Sheriff's Department, was operating a vehicle parked in the driveway at the same residence. While Davis was standing beside the vehicle, Cosby put it into reverse and began to back out of the driveway when she negligently caused the vehicle to strike Davis and cause her injuries. Davis is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-1681

Aug. 22
Ivah M. Wilson vs. the Kroger Co.; Kroger Limited Partnership I; KRGP, Inc.; and John Doe
PA- Bernard E. Layne III; J- Paul Zakaib Jr.
* On June 29, 2011, Wilson was shopping in the produce section of the Kroger store in South Charleston when she slipped on a vegetable that was lying on the floor and fell. Wilson is seeking compensatory and punitive damages.
Case number: 12-C-1692

Aug. 23
Lamont Mitchell vs. Brody Mining, LLC and Michael Coomes
PA- Mark L. French, Matthew S. Criswell; J- Tod Kaufman
* Mitchell was hired by Brody in early 2011. On Aug. 30, 2011, Mitchell claims he was taking an air reading that indicated low air flow in the part of the mine where he was working and he reported the reading to the day shift supervisor. The following day, Mitchell was called into the mine supervisor's office and was told he should not have reported and/or recorded the low air reading and was given a disciplinary warning form by Coomes, which suspended him for three days. Three days later, Mitchell's employment was terminated and he was not paid his final wages within 72 hours of discharge. Mitchell is seeking compensatory damages.
Case number: 12-C-1697

We the Parents, a non-profit, voluntary association vs. Rocco S. Fucillo, cabinet secretary of the West Virginia Department of Health and Human Resources; and Marian L. Swinker, commissioner of the Bureau for Public Health
PA- Patrick Lane; J- Tod Kaufman
* Members of We the Parents are parents of children who have not received all of the required immunizations contained in Interpretive Rule 64CSR49, but may have received the immunizations required by West Virginia Code. The parents claim their children are prohibited from exercising their Constitutional right to an education. The parents are seeking the court to issue a declaratory judgment that the interpretive rule is invalid because it violates constitutional provision and exceeds the statutory authority granted to the defendants; the court permanently enjoin the defendants from promulgating interpretive rules which purport to require compulsory immunizations in addition to those enumerated in West Virginia Code; and the court permanently enjoin the defendants from promulgating interpretive rules which by their operation, enforcement or execution would infringe upon the Constitutional and statutory rights and privileges of the members of We the Parents.
Case number: 12-C-1700

Aug. 24
Tammy Dunford vs. Schottenstein Stores Corporation d/b/a Value City Incorporated and/or Value City Furniture; and Venture III Holdings, LLC
PA- Richard E. Hardison Jr.; J- Charles E. King
* Dunford claims while she was at the defendants' place of business she stepped into an uneven, unnatural depression in the tile floor and fell. Dunford is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1712

Travis Summers vs. Grube, Inc. d/b/a Buffalo Wild Wings; and Steve Grube
PA- Richard W. Walters; J- Louis H. Bloom
* On June 11, Grube advised Summers that the employer/employee relationship was not working out between them. Summers claims Grube told him he would not receive unused vacation, but if he agreed to resign, he would receive two-week's pay. Later that day, Summers received an e-mail from the defendants asking him to resubmit his resignation letter with June 11 as the effective date instead of June 24, according to the suit. Summers claims the defendants failed and refused to pay him accrued vacation or his salary through June 24. Summers is seeking compensatory and punitive damages with pre-judgment interest.
Case number: 12-C-1715

William Lockhart vs. State of West Virginia-Department of Highways and Dimitri Lymon Beverly
PA- Henry E. Wood III; J- Louis H. Bloom
* On Sept. 9, 2010, Beverly was driving north on Interstate-77 in Charleston when he failed to maintain control of his vehicle by following too close and struck the vehicle being driven by Lockhart and causing him injuries. Lockhart is seeking compensatory damages.
Case number: 12-C-1717

Don Boardwine vs. Kanawha Charleston Humane Association
PA- pro se; J- James C. Stucky
* Boardwine claims the defendant has made false accusations in reference to his character. Boardwine is seeking a public apology from the defendant, to be allowed access into the defendant's animal shelter and to be allowed to attend all board meetings at the facility.
Case number: 12-C-1718

Jennifer Lynn Greene, individually and as guardian and next friend of Joseph Paul Greene II, a minor under the age of 18 vs. Abell Elevator Service Company d/b/a Oracle Elevator Company; and Charleston Area Medical Center, Inc.
PA- Troy N. Giatras; J- Paul Zakaib Jr.
* On Aug. 25, 2010, Jennifer Greene was an invitee at CAMC's Memorial Division Hospital when elevator "G" suddenly free-fell from the third floor to the bottom of the elevator shaft and then returned to the first floor, causing her injuries. Joseph Greene has suffered the loss of parental consortium. Jennifer Greene is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-1724

Aug. 27
Jeannie Stewart and Ronald Stewart vs. Southridge Grandprix and Family Fun Center, LLC
PA- Kathy A. Brown; J- Paul Zakaib Jr.
* On March 23, Jeannie Stewart was at Southridge Grandprix and Family Fun Center and was roller skating when she attempted to avoid hitting another skater who was skating in the wrong direction, but her skate would not turn. The Stewarts claim the defendant failed to maintain safe and properly fitting skates and failed to properly supervise the skaters on the floor. The Stewarts are seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-1727

Aug. 28
Cindy Sheppard vs. Go-Mart, Inc.
PA- Paul M. Stroebel; J- Charles E. King
* On Jan. 28, Sheppard was at Go-Mart when she slipped on oil and landed on her knee. Sheppard is seeking compensatory damages.
Case number: 12-C-1732

Aug. 29
Vashawn Lewis vs. Arc of the Three Rivers, Inc.
PA- Scott H. Kaminski; J- Louis H. Bloom
* Lewis was employed by the defendant from March 2011 until his termination on Sept. 2, 2011. He claims the defendant terminated him based on his race and false information concerning alleged criminal conduct. Lewis is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1736

Aug. 30
Willie H. Simons, administrator of the Estate of John Elmer Simons vs. A.W. Chesterton Company; Air & Liquid Systems Corporation; American Producers Supply WV, LLC; et al
PA- Victoria Antion, Scott A. McGee, Jimmy F. Rodgers Jr.; J- visiting
* John Simons was diagnosed with mesothelioma on April 28, from which he died on June 27. Willie Simons claims the 76 defendants are responsible for the lung injury. Willie Simons is seeking a jury trial to resolve all issues involved.
Case number: 12-C-1756

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