WEST VIRGINIA RECORD

Oct. 3
Patrick J. O’Reilly vs. Ron Duerring, superintendent of the Kanawha County Board of Education
PA- pro se; J- Charles E. King
* O’Reilly claims the defendant has chosen to cut down oak trees along Crawford Field in St. Albans that are one of the most prominent, readily identifiable geographical places in St. Albans and the trees are a cherished landmark. O’Reilly is seeking compensatory and punitive damages.
Case number: 12-C-1984

Oct. 17
Z.B., as next friend of B.S.B. a minor child vs. Kanawha County Board of Education; Ronald E. Duerring, in his official capacity as superintendent of Kanawha County Schools; William P. (Pete) Thaw, in his official capacity as president of the Kanawha County Board of Education; and John Doe, in his capacity as bus driver for Kanawha County Schools
PA- William C. Forbes, W. Jesse Forbes; J- Paul Zakaib Jr.
* On Nov. 1, 2010, B.S.B. was attacked and/or otherwise physically assaulted by another minor child while riding a school bus. Z.B. is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-2097

Oct. 18
C.A.H., as legal guardian and next friend of the infant B.S.H. vs. C.O. James Dunlap, individually and in his official capacity as a correctional officer of the West Virginia Division of Juvenile Services; C.O. Dom Avena, individually and in his official capacity as a correctional officer of the West Virginia Division of Juvenile Services; Facility Director Marshall Berger, individually and in his official capacity as a correctional officer of the West Virginia Division of Juvenile Services; the West Virginia Division of Juvenile Services; and John Doe, unknown person or persons
PA- Kerry A. Nessel; J- Paul Zakaib Jr.
* During January 2010, B.S.H. was raped during her incarceration at Tiger Morton. C.A.H. is seeking compensatory and punitive damages.
Case number: 12-C-2109

Nanette Rogers and Mark Rogers vs. Stacey R. Smith, DPM; and Michael P. Noto, DPM
PA- James R. Fox; J- Charles E. King
* On Dec. 9, 2010, Smith performed surgical procedures on Nanette Rogers, after which she developed complications and sough additional care from both Smith and Noto. The couple claims the defendants’ conduct fell below the applicable standard of care. They are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-2112

Oct. 19
Lois Nelson vs. Grace Dental Care and Ronald A. Grace, DDS
PA- Matthew S. Criswell, Mark L. French; J- Paul Zakaib Jr.
* Nelson claims on multiple occasions between Nov. 11, 2011, and Aug. 14, Grace sexually harassed her. Nelson is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-2123

Oct. 22
Viking Video & Music, Inc. vs. Summit Community Bank, Inc.
PA- Michael J. Del Giudice; J- James C. Stucky
* On Feb. 11, 2011, Viking anticipated submitting a bid to the West Virginia Lottery Commission in an attempt to obtain licenses for 70 limited video lottery terminals at a bid price of $9,160 per terminal and approached Summit to obtain financing for the bid. Viking claims the defendant made an error when preparing an Irrevocable Letter of Credit by erroneously multiplying 70 terminals by $9,106 instead of $9,160, and as a result, the Lottery Commission did not award Viking a license for the 70 terminals. Viking is seeking compensatory damages.
Case number: 12-C-2134

Jason Wesley vs. Drug Testing Centers of America Charleston Corporation
PA- Todd S. Bailess, Joy B. Mega; J- Jennifer Bailey
* Wesley worked for the defendant from March 2011 until his discharge on May 16. He claims the defendant failed to pay his final wages in full within 72 hours of being discharged. Wesley is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-2135

Oct. 23
Donald G. Maynor II vs. Motion Industries, Inc. and Marshall McClung
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III, G. Patrick Jacobs; J- Jennifer Bailey
* Maynor was employed by Motion from Aug. 11, 1997, until April 27. He claims the defendants terminated his employment because of his age. Maynor is seeking compensatory and punitive damages.
Case number: 12-C-2142

Linda Baldwin vs. Healthcare Services Group, Inc.
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III, G. Patrick Jacobs; J- Charles E. King
* Baldwin was employed by the defendant from 2002 until Dec. 12, 2011. She claims the defendant failed to pay her final wages within 72 hours of her discharge. Baldwin is seeking compensatory damages.
Case number: 12-C-2143

Oct. 25
Charlie Hammons and Alicia Hammons vs. Ford Motor Company and Boone Motor Sales, Inc. d/b/a Stephens Auto Center
PA- David L. Grubb, Cameron S. McKinney; J- Jennifer Bailey
* On Feb. 2, 2011, the plaintiffs purchased a 2011 Ford Edge from the defendants. They claim the vehicle was defective. The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-2149

Charlotte Ramsey vs. Yesterday Delivery Service, Inc. and Paul Clark
PA- Bernard E. Layne; J- Louis H. Bloom
* On Oct. 25, 2010, Ramsey was driving on Jefferson Road in South Charleston and was stopped behind a row of traffic when Clark rear-ended her. Clark was driving a vehicle owned by Yesterday Delivery Services. Ramsey is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-2150

Ramona Dickson vs. Capitol Resource Agency, Inc. and Danny Scalise
PA- Michael A. Olivio, Travis A. Griffith; J- Louis H. Bloom
* Dickson was employed by the defendants from Aug. 9, 2010, until Oct. 6, 2011. She claims the defendants unlawfully terminated her employment in retaliation to her repeated complaints of inappropriate business practices, misuse of federal grant funds and obstruction of company by-laws. Dickson is seeking compensatory and punitive damages with pre-judgment interest.
Case number: 12-C-2153

Leeveta Holstein vs. Gentiva Health Services, Inc.; Gentiva Certified Healthcare Corp.; Gentiva Health Services (USA), Inc.; and Sharon Beth Chambers
PA- C. Benjamin Salango; J- James C. Stucky
* Holstein was employed as an assessment nurse for Gentiva. She claims she was forced to resign on Nov. 11, 2011 in retaliation for her not agreeing to recertify patients in an attempt to commit fraudulent Medicare billing practices. Holstein is seeking compensatory and punitive damages.
Case number: 12-C-2154