CIVIL FILINGS: Monongalia County

Oct. 24

Steven Drain vs. Jerry Hadrych, DPM

PA-J. Michael Benninger; J-Phillip Gaujot

* Hadrych performed arthroplasty surgery on Drain’s right foot, fifth toe, removing a piece of bone and smoothing down a remaining piece of bone.
Drain suffered post surgical bone infection that led to intravenous antibiotic treatment, bone scans and additional hospitalization and permanent injury to his right foot. Drain alleges Dr. Hadrych failed to adsive him of the risk for post surgical infection. He is seeking compensation, pre- and post-judgment interest, attorney fees and costs.

Case number: 12-C-741

Oct. 26

Peggy Webb vs. Chemtura Corporation

PA-D. Adrian Hoosier; J-Russell Clawges

* During her employment with Chemtura, Webb came into contact with certain chemicals that caused her a severe allergic reaction. She alleges that even though alternative work could have been offered to her outside the work that led to her allergies, Chemtura refused to provide a safe alternative area in which to work. Webb was subsequently fired from her job. She is seeking damages, lost wages and benefits, punitive damages, attorney fees and costs.

Case number: 12-C-746

Bob Berryman, Steven Hall, Grant Matheny, (Berryman, Hall and Matheny PLLC) vs. William Maruyama

PA-George Armistead; J-Susan Tucker

* Berryman, Hall and Matheny allege that Maruyama, after a dispute arose among the members of the PLLC, took financial records and equipment of the PLLC that caused problems in conducting business. They were also unable to account for income and various office expenditures. In addition, they claim Maruyama made unauthorized charges and purchases with money belonging to the PLLC. Berryman, Hall and Matheny seek a court order to return all records and equipment belonging to the firm, an accounting of any monies spent, punitive damages, costs and attorney fees.

Case number: 12-C-743

Oct. 29

David Robertson vs. West Virginia University Board of Governors, West Virginia University and Mountaineer Temps

P-A. David Grunau; J-NA

* In October 2010, Robertson became employed by WVU through Mountaineer Temps, as a clean up detail worker on WVU contruction projects. He was subsequently asked to join the construction crew that performed various construction jobs. Robertson, the crews only African-american member, claims he became singled out by Andy Simpson, Robertson’s supervisor, with forms of racial harassment. Robertson’s co-workers, outraged at Simpson’s treatment, reported Simpson to the Office of Social Justice and he was terminated. Robertson’s new supervisor told him his coworkers no longer wanted to work with him; he was barred from any work with the construction crew and was returned to his original garbage detail. Robertson was told that due to the turmoil he caused, Robertson’s safety couldn’t be guaranteed. He was ultimately terminated. He is seeking punitive damages, compensatory damages for mental and emotional distress, lost income and benefits.

Case number: 12-C-752