CIVIL FILINGS: Kanawha County

By Kyla Asbury | Sep 14, 2012

Aug. 17
Margaret Robinson vs. ResCare Home Care Corporation
PA- pro se; J- Paul Zakaib Jr.
* Robinson claims ResCare intentionally defamed her character and harmed her career as a counselor. Robinson is seeking $1 million for damages.
Case number: 12-C-1653

Aug. 20
Lyle E. Bowyer vs. Appalachian Tire Products, Inc.; Steve Hellyer, individually and in his capacity as an employee of Appalachian Tire Products, Inc.; Nick Stricklin, individually and in his official capacity as vice president of Appalachian Tire Products, Inc. and Mike Smith, in his capacity as an employee/safety manager of Appalachian Tire Products, Inc.
PA- Richard E. Hardison Jr.; J- Charles E. King
* On April 20, 2011, Bowyer was hired by the defendants as a commercial salesman. He claims he received various verbal assaults from Hellyer and on Nov. 22, 2011, he was approached by Hellyer, who verbally assaulted him and became more agitated and Bowyer attempted three times to walk away. Bowyer claims the third time he attempted to walk away, Hellyer physically punched him in the chest with great force. When Bowyer complained to Stricklin, he wrote him and Hellyer up for horseplay. Bowyer is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-1667

Aug. 30
Iris Bowen vs. 3M Company; A.W. Chesterton Company; Airtek, Inc.; et al
PA- Victoria Antion, Anne McGinness Kearse, Scott A. McGee, John D. Hurst, J.D. McMullen; J- visiting
* Bowen claims the 78 defendants are responsible for her mesothelioma. She is seeking a jury trial to resolve all issues involved.
Case number: 12-C-1755

Aug. 31
Angela Brammer, Susan Waddell, Mary McClung, Heather Bandy, Valerie Parker, Holley Forrenn, Andrea Michelle Toliver, Jennifer Wickline and Amanda Nichols vs. Mountain State University, Inc. and the Mountain State University Board of Trustees
PA- Robert B. Warner, Tammy Bowles Raines; J- Jennifer Bailey, Paul Zakaib Jr., Carrie Webster, Louis H. Bloom, James C. Stucky, Charles E. King
* The plaintiffs were nursing students at MSU. They claim the defendants failed to keep them informed regarding the status of the nursing school's accreditation. They are seeking compensatory and punitive damages.
Case number: 12-C-1768, 12-C-1769, 12-C-1770, 12-C-1771, 12-C-1772, 12-C-1773, 12-C-1774, 12-C-1775, 12-C-1776

Sept. 4
Jennifer Fields vs. NGK Spark Plug MFG., Inc.; Manpower of WV, Inc.; and Nancy Paxton, individually
PA- Richard W. Walters, Brian L. Ooten; J- Charles E. King
* In December 2011, Fields was employed by NGK through Manpower in NGK's Sissonville plant. She claims an employee of NGK, James Baker, made inappropriate comments to her. In April, another employee, Brian Brills, also began making inappropriate sexual comments to and around her. Fields claims she received harassing notes and found out on May 13 her employment was terminated. Fields is seeking compensatory and punitive damages with pre-judgment interest.
Case number: 12-C-1784

Roger Dale Lanham vs. Kanawha County Board of Education
PA- Scott H. Kaminski; J- Louis H. Bloom
* Lanham was employed by the defendant as a school bus driver for approximately 11 years until his discharge on Dec. 6, 2011. He claims the defendant accused him of violating Kanawha County Board of Education policy and forced him to sign a letter of resignation for personal reasons. Lanham is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-1787

Sept. 5
Carol King, on behalf of herself and all others similarly situated vs. West Virginia's Choice, Inc. and Mulberry Street Management Services, Inc.
PA- Cameron S. McKinney, David L. Grubb; J- James C. Stucky
* King was employed by the defendants as a Homemaker Aide. She claims the defendants failed to pay for overtime at the correct rate. King is seeking compensatory damages.
Case number: 12-C-1796

Sept. 6
Michelle Winters, Ph.D. vs. Mountain State University, Inc. and Charles H. Polk
PA- Gregory B. Chiartas; J- Jennifer Bailey
* Winters was employed as an adjunct professor of Nursing for the defendants from October 2006 until January. She claims on several occasions, she was asked to teach a course, but was removed from the courses weeks into teaching them. Winters claims the defendants retaliated against her based upon their perception that she informed students when requested regarding problems with MSU's nursing school. Winters is seeking compensatory and punitive damages.
Case number: 12-C-1810

Sept. 7
Carol McClure, as personal representative of the estate of Glen McClure vs. Select Specialty Hospital-Charleston, Inc. d/b/a Select Specialty Hospital
PA- Andrew L. Paternostro, Sprague W. Hazard, Jeff D. Stewart; J- Tod Kaufman
* McClure was admitted to Select Specialty from Sept. 2, 2010, until Oct. 18, 2010; Nov. 6, 2010, until Dec. 20, 2010; and Dec. 28, 2010, until Jan. 18, 2011. McClure claims the defendant failed to develop and implement an appropriate care and treatment plan to prevent pressure wounds from worsening and failed to reposition her adequately. McClure is seeking compensatory and punitive damages.
Case number: 12-C-1819

Pattsy Gidley, executrix of the Estate of Robert Gidley vs. Allegheny Energy; A.O. Smith Corporation; A.W. Chesterton Company; et al
PA- John H. Skaggs, Victoria Antion; J- visiting
* Robert Gidley was diagnosed with lung cancer, from which he died on Sept. 9, 2010. Pattsy Gidley claims the 31 defendants are responsible for the lung cancer. She is seeking a jury trial to resolve all issues involved.
Case number: 12-C-1824

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