CIVIL FILINGS: Kanawha County

By Kyla Asbury | Oct 26, 2012

Oct. 12
Joshua Shaffer; Beth Shaffer, his wife; and Kaden Shaffer, Kaleb Shaffer and Kain Shaffer, minors by their next friend Joshua Shaffer vs. Wal-mart Stores East, LP; Wal-mart Stores East, LP d/b/a Great Value Foods; and the Pictsweet Company
PA- Shannon M. Bland; J- Charles E. King
* On Oct. 13, 2010, Joshua Shaffer ate a meal that included Great Value mixed vegetables and the following day, he began to pass blood and presented to Thomas Memorial Hospital. On Oct. 15, 2010, Joshua Shaffer underwent a colonoscopy and a 6mm tear was found in his intestinal wall. Shaffer claims on Oct. 15, 2010, the FDA issued a recall release for mixed frozen vegetables that contained glass fragments. The Shaffers are seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-2072

Oct. 15
Harold Summers and Georgia Summers vs. Ford Motor Company and Bert Wolfe Ford, Inc.
PA- Rosalee Juba Plumley; J- Carrie Webster
* On Feb. 11, 2011, the Summerses purchased a new 2011 Ford Fusion from the defendants. They claim the vehicle was defective. The Summerses are seeking judgment for the principal sum of $25,561.95, plus interest and pre- and post-judgment interest; a refunding of the purchase price paid for the vehicle; and damages for loss of use, annoyance and inconvenience.
Case number: 12-C-2077

Brandy Smith vs. the City of Charleston
PA- Kathy A. Brown; J- Tod J. Kaufman
* On Oct. 13, 2010, Smith was exiting a Charleston parking garage when a toll pole slammed down upon her head and caused her injuries. Smith is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-2079

Sarah Jane Adkins vs. Grace Dental Care and Ronald A. Grace, DDS
PA- Matthew S. Criswell, Mark L. French; J- Jennifer Bailey
* Adkins began working for the defendants in June 2004. She claims Grace sexually harassed her and another female employee. She claims she was laid off from her job on April 1, 2011, for failing to acquiesce to Grace’s repeated, inappropriate and illegal sexual advances. Adkins is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-2081

Oct. 16
Ricky Allen Clay vs. the City of South Charleston, Kanawha County, W.Va., a municipal corporation d/b/a South Charleston Community Center
PA- Michael T. Clifford, Richelle K. Garlow; J- Carrie Webster
* On Oct. 18, 2010, Clay was utilizing the facilities at the South Charleston Recreational Center and was in the shower room/steam room when he was sexually assaulted by a person unknown to him. Clay is seeking compensatory damages.
Case number: 12-C-2089

Cecil Pritt and Melanie Pritt vs. General Motors, LLC; Performance Motor Sales, Inc.; and Patrick Darlington
PA- Kristina Thomas Whiteaker, David L. Grubb; J- Tod J. Kaufman
* On Aug. 22, 2011, the Pritts purchased a 2008 GMC Acadia from the defendants. They claim they were not informed that the vehicle was a lemon buyback vehicle and were not provided the complete warranty repair history related to the buyback problem. The Pritts are seeking compensatory and punitive damages.
Case number: 12-C-2091

Delbert Canterbury vs. Moses Cadillac Buick GMC Truck, Inc.
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III, G. Patrick Jacobs; J- Carrie Webster
* Canterbury was employed by the defendant from Nov. 1, 2009, until May 31. He claims the defendant terminated his employment based on his age. Canterbury is seeking compensatory and punitive damages.
Case number: 12-C-2093

Oct. 17
Brian Manning, administrator of the Estate of William G. Manning vs. Ferrellgas, Inc. and Donald Lee Davis
PA- C. Benjamin Salango, Patrick Joseph Salango; J- Charles E. King
* On June 28, William Manning was operating a 1998 Motto Guzzi motorcycle traveling east on U.S. 460 in Princeton when Davis, who was operating a 2004 Kenworth truck owned by Ferrellgas, was traveling north on U.S. 460. Brian Manning claims Davis negligently failed to stop at a red light and collided with the motorcycle, causing William Manning’s death. Brian Manning is seeking compensatory and punitive damages.
Case number: 12-C-2094

West Virginia Paving, Inc. vs. Plaza Management, LLC
PA- Norman T. Daniels; J- Paul Zakaib Jr.
* On six occasions in November and December 2011, employees or representatives of Plaza picked up several loads of wearing course asphalt from West Virginia Paving facilities in Dunbar. West Virginia Paving claims Plaza has failed to pay for the asphalt. West Virginia Paving is seeking judgment in the amount of $46,574.56 with pre- and post-judgment interest.
Case number: 12-C-2099

Oct. 18
Sabrina Sanders, Heather Bishop, Carrie Porter, Carol Salisbury, Melissa Williams and Karen Phillips 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- James C. Stucky, Carrie Webster, Paul Zakaib Jr., Louis H. Bloom, Charles E. King
* The six 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-2100, 12-C-2101, 12-C-2102, 12-C-2103, 12-C-2104, 12-C-2105

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