WEST VIRGINIA RECORD

Sept. 5
Jimmy Fitzwater and Lorrie Fitzwater, individually and as parents and next friends of Hunter Fitzwater, a minor vs. The Board of Education of the County of Putnam
PA-John F. Cyrus; J-Leslie
* The plaintiffs say that on Sept. 9, 2010, 15-year-old Hunter was injured at Hurricane High School when a classmate came in contact with some archery targets being stored, causing them to fall on Hunter. He was unconscious and then later had an altered state of consciousness. They say the traumatic brain injury has left Hunter with short-term, permanent and life-altering cognitive and emotional deficits and residual effects. They say he has and will continue to suffer, has had his future earning capacity diminished, learning capabilities diminished and enjoyment of life diminished. They have suffered monetary damages for medical expenses. His parents seek loss of consortium. They seek compensatory damages, pre- and post-judgment interest, attorney fees and other expenses.
Case number: 12-C-274

Sept. 6
K&K Bit Company vs. Frasure Creek Mining LLC
PA-Ryan S. Marsteller; J-Stowers
* K&K sold goods and services to the defendant from September 2011 to February 2012. K&K says Frasure Creek owes $251,703.28. It seeks that amount plus pre- and post-judgment interest, attorney fees, court costs and other relief.
Case number: 12-C-276

Sept. 7
Edgar D. Morris vs. Yamaha Motor Corporation and Dohm Cycles Inc.
PA-Thomas H. Peyton; J-Stowers
* Morris says he was injured while riding as a passenger on a 2006 Yamaha Rhino 660 on Sept. 10, 2010, resulting in a broken tibia and fibula. After surgery, he still suffers pain. The said vehicle was subject to a suspension of sales as of March 31, 2009, for rollover problems. He seeks compensatory damages for past, present and future medical expenses, pain and suffering, permanent injuries, aggravation, annoyance, inconvenience, economic damages, court costs, attorney fees, interest and other relief.
Case number: 12-C-278

Sept. 11
Robert G. Jones Jr. vs. Teays Valley Emergency Physicians Inc. and Charleston Area Medical Center Inc.
PA-Madonna C. Estep; J-Stowers
* Jones says the defendants failed to follow the applicable standard of care in treating him when they abandoned a plan to give him an MRI in July 2011 when he presented himself for treatment. As a result, he says he has suffered bodily injuries both temporary and permanent, past and future pain and mental anguish, past and future disfigurement and deformity, past and future medical expenses, past and future humiliation and embarrassment and past and future impairment of his ability to enjoy life. He seeks compensatory damages for economic and non-economic losses under the Medical Professional Liability Act as well as pre- and post-judgment interest, court costs, allowable fees and other relief.
Case number: 12-C-279