CIVIL FILINGS: Kanawha County

By Kyla Asbury | Oct 19, 2012

Oct. 9
Cathey Mills, Betty White, Celeste Yost, James Wells and Brittany Scarberry vs. Mountain State University, Charles Polk and the Mountain State University Board of Trustees
PA- William Druckman, Madonna Estep, John P. Fishwick Jr., Monica L. Mroz; J- Charles E. King, Paul Zakaib Jr., Carrie Webster, Louis H. Bloom
* The five plaintiffs claim Mountain State University failed to keep them informed regarding the nursing program’s accreditation status. They are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-2019, 12-C-2020, 12-C-2021, 12-C-2022, 12-C-2023

Jennifer N. Taylor and Susan S. Perry vs. the West Virginia Department of Health and Human Resources, Rocco Fucillo, Warren Keefer and Bryan Rosen
PA- Walt Auvil, Michele Rusen; J- James C. Stucky, Jennifer Bailey
* On July 16, Fucillo placed Taylor and Perry on administrative leave from their positions as legal counsel to WBDHHR, barred them from and locked them out of their offices and had them escorted by security through the office of the WVDHHR and to their vehicles in full view of their co-workers and other employees of the Department. They claim they have been “administratively reassigned” from their former positions since July 16. The defendants violated the West Virginia Whistle-blower law and their conduct threatened and otherwise discriminated or retaliated against Taylor and Perry by subjecting them to criminal investigations and threatening them with criminal prosecution solely because they made a good-faith report, attempt to report or was about to report to their employer an instance of wrongdoing or waste. They are seeking compensatory and punitive damages.
Case number: 12-C-2029, 12-C-2031

Emma Pierson vs. Gatens-Harding Funeral Home, Inc. and Richard Bishoff
PA- Truman C. Griffith; J- Paul Zakaib Jr.
* Pierson claims she was operating her Ford Explorer on MacCorkle Avenue in Charleston when Bishoff, who was operating a Chevrolet Suburban, rear-ended her. Bishoff was employed by Gatens-Harding and was acting within the scope of his employment at the time of the collision. Pierson is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-2033

Jesse Johnson vs. West Virginia Broadcasters Association, Inc.
PA- pro se; J- Jennifer Bailey
* Johnson is the nominee of the Mountain Party for governor of West Virginia appearing on the November ballot. He claims the West Virginia Broadcasters Association has repeatedly excluded him from participating in the gubernatorial debate that occurred Oct. 9. Johnson claims WVBA’s exclusion is in violation of state election law. Johnson is seeking the court to enjoin the West Virginia Broadcasters Association from conducting the unlawful debate without also permitting his equal participation or afford him equal time with equal publicity.
Case number: 12-C-2036

Nancy J. Lovell vs. James Rupe Custom Builders, Inc.
PA- Andrew L. Ellis, Mychal S. Schulz, Arie M. Spitz; J- Tod J. Kaufman
* In April 2010, Lovell’s house suffered significant water damage and flooding caused by water leaking from a pipe in the top floor of the house. On May 12, 2010, Rupe prepared and presented an estimate proposal to Lovell, proposing that Rupe would repair the damage to the house in exchange for payment of $137,900, according to the suit. Lovell claims the work performed by Rupe was of poor quality and inferior workmanship. Lovell is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-2040

Oct. 10
Jack Hampton and Francis Hampton vs. Hyundai Motor America, Inc. and Joe Holland Chevrolet, Inc.
PA- David L. Grubb, Cameron S. McKinney; J- Louis H. Bloom
* On July 19, 2005, the Hamptons purchased a 2005 Hyundai from the defendants. They claim the vehicle was defective The Hamptons are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-2042

D.B., a minor, by his parents and next friends, Pamela Boggs, Michael Boggs and Margaret Boggs vs. Pressley Ridge, Inc. d/b/a Pressley Ridge of West Virginia; Braley & Thompson, Inc.; and the West Virginia Department of Health and Human Resources
PA- Richard E. Holtzapfel, David A. Holtzapfel; J- Jennifer Bailey
* The WVDHHR had temporary custody and responsibility for D.B., and on March 4, 2010, it and Braley placed D.B. in Pressley’s White Oak facility. The plaintiffs claim on Aug. 7, 2010, D.B. was threatened by two older and physically superior male residents of the facility, who forced him to leave the facility with them in the middle of the night and sexually assaulted him. The plaintiffs are seeking compensatory and punitive damages.
Case number: 12-C-2043

Oct. 11
Mitchell Kennedy vs. General Motors, LLC; Beckley Buick-GMC Auto Mall, Inc.; and Rocky Ridge, Inc.
PA- Kristina Thomas Whiteaker, David L. Grubb; J- Carrie Webster
* On Aug. 13, 2011, Kennedy purchased a 2011 GMC Sierra from the defendants. He claims the vehicle was defective. Kennedy is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-2054

Robert G. Thomas vs. Matheny Motor Truck Co. and Matt Scanlon
PA- Matthew S. Criswell, Mark L. French, Steven M. Condaras; J- James C. Stucky
* Thomas claims the defendants fraudulently withheld money from his paycheck and terminated his employment in retaliation for reporting the fraudulent conduct to the West Virginia Department of Labor. Thomas is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-2055

Steven Brock vs. Family Dollar Stores of West Virginia, Inc.
PA- Benjamin B. Ware; J- Paul Zakaib Jr.
* Brock was employed as a store manager for Family Dollar at multiple locations in West Virginia from 2001 until Aug. 17. He claims during his employment, the defendant regularly refused to allow him to take vacation he had earned and required him to work 80- and 90-hour work weeks. Brock claims the defendant also refused to allow him to take bereavement leave following the death of his sister. Brock is seeking overtime compensation, unpaid earned but not used vacation pay, bereavement pay and liquidated damages.
Case number: 12-C-2062

Oct. 12
Helen Jordan vs. Kenna Homes Cooperative Corporation and Monarch Service Corporation
PA- Stephen P. Meyer; J- Louis H. Bloom
* Jordan claims Monarch Service Corporation was upgrading electrical services at properties owned by the defendant when she fell on a temporary access and was injured. She claims Kenna was negligent in failing to provide safe access to the apartment building. Jordan is seeking judgment in an amount as allowed by law with interest.
Case number: 12-C-2063

Terry’s Tire Town, Inc. vs. Garrett Tire Corp.
PA- Ryan S. Marsteller; J- Tod J. Kaufman
* Terry’s Tire Town sold and delivered goods and/or provided services to the defendant from February until April in the amount of $10,210.52. It claims the defendant failed and refused to pay for the goods sold and delivered and/or services provided. Terry’s Tire Town is seeking judgment in the amount of $10,210.52 with pre- and post-judgment interest.
Case number: 12-C-2067

Graybar Electric Company, Inc. vs. City Electric Company
PA- Victoria H. Basdekis, David Allen Barnette; J- Charles E. King
* On numerous occasions between June 6, 2011, and Oct. 1, Graybar and City Electric agreed to purchase orders for the purchase and shipment of certain electrical goods. Graybar claims City has failed to pay for the materials. Graybar is seeking judgment in the amount of $73,383.23 with interest.
Case number: 12-C-2068

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