CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Nov. 9, 2012, 6:15am

Oct. 22
Richard Allen Smith Jr. vs. Tpr. R.E. Cooper; West Virginia State Police; and John/Jane Doe, records custodian of the West Virginia State Police
PA- pro se; J- Jennifer Bailey
* Smith is an inmate in the United States Penitentiary, McCreary. On Dec. 28, 2011, Smith submitted a Freedom of Information Act request with the defendants and he submitted follow-up letters on Jan. 26 and July 9. He claims the defendants failed to respond to any of his requests. Smith is seeking for the court to issue an order requiring the defendants to respond to his FOIA request and provide him with all the records he requested.
Case number: 12-C-2132

Oct. 26
Mark Dunn vs. A.O. Smith Corporation; Ajax Magnethermic Corporation; Allegheny Energy, Inc.; et al.
PA- Brian A. Prim; J- visiting
* Dunn claims the 109 defendants are responsible for his lung cancer. Dunn claims he is a non-smoker, but was diagnosed with lung cancer in September 2011. Dunn is seeking compensatory and punitive damages.
Case number: 12-C-2161

Robert Morgan vs. the West Virginia Division of Highways, a division of the West Virginia Department of Transportation
PA- Sean W. Cook, R. Ray Lovejoy II; J- Carrie Webster
* The property directly adjacent to Morgan’s property on West Virginia 10 in Wyoming County is owned by the defendant. Morgan claims assessment and testing was done on the property and the results revealed the presence of multiple contaminants at concentrations significantly greater than acceptable levels on Morgan’s property. The contamination of Morgan’s property can result on significant chemical exposure, the suit says. Morgan is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-2162

Jeffery Sexton vs. Tri-State Pipeline, Inc. and Eric Taylor
PA- Todd S. Bailess, Joy B. Mega; J- Tod J. Kaufman
* Sexton was employed by the defendants as a foreman/operator and on Nov. 11, 2010, he allegedly sustained an injury while performing work during the scope of his employment. Sexton claims he attempted to receive benefits through Workers’ Compensation as a result of the injury and
on Jan. 18, 2011, his employment was terminated. Sexton is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-2164

Naoma Burgess, personal representative for the Estate of Boyd F. Burgess, deceased vs. Charleston Area Medical Center
PA- Andrew L. Paternostro, Sprague W. Hazard, Jeff D. Stewart; J- Louis H. Bloom
* On Nov. 19, 2009, Boyd Burgess was admitted to CAMC-General Division. While a patient at CAMC, Boyd Burgess suffered from skin breakdown and pressure ulcers. Naoma Burgess claims the defendant failed to provide adequate care plans for skin issues and wound care and
failed to monitor the skin breakdown. Naoma Burgess is seeking compensatory and punitive damages.
Case number: 12-C-2165

Oct. 29
Anne M. Peyton vs. Toyota Motor Credit Corporation and MRS BPO, LLC
PA- Thomas H. Peyton; J- Jennifer Bailey
* The defendants were notified on multiple occasions in December 2011 that Peyton was represented by counsel regarding alleged debt. Peyton claims the defendants have contacted or attempted to contact her directly in excess of three times subsequent to the notifications of representation. Peyton is seeking compensatory and punitive damages.
Case number: 12-C-2167

Deborah Smith and Doug Smith vs. West Virginia Department of Transportation-West Virginia
Division of Highways and Douglas Donohew
PA- James R. Fox; J- Carrie Webster
* On May 10, Deborah Smith was severely and permanently injured in a car accident she says was caused by Donohew, who is employed by the West Virginia Department of Transportation. The Smiths are seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-2176

Thomas Carter vs. Viking Well Service, Inc.
PA- Frank X. Duff, Sandra K. Law; J- Jennifer Bailey
* Carter was employed by the defendant. He claims on Oct. 6 his employment was terminated, but he did not receive his final wages until Oct. 18. Carter is seeking compensatory damages.
Case number: 12-C-2179

Oct. 31
Edgar L. Bleigh Sr. vs. Hailey Mayfield, in her individual capacity and as administratrix for the Estate of John David Mayfield; and the West Virginia Division of Corrections
PA- David C. Glover; J- Louis H. Bloom
* John Mayfield was a correctional officer with the WVDOC. On Nov. 1, 2010, John Mayfield was operating a 2007 Dodge Caravan passenger van owned by WVDOC on West Virginia 18 near the intersection with U.S. 50 in Doddridge County. Bleigh claims John Mayfield ignored a stop sign and flashing caution traffic signal and caused his vehicle to collide with Bleigh’s, causing severe injuries. Bleigh is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-2185

Mary C. Bowen, executrix of the Estate of Thomas Jarrett Bowen vs. A.W. Chesterton
Company; Caterpillar, Inc.; CBS Corporation; et al.
PA- Bronwyn I. Rinehart, Victoria L. Antion, Scott A. McGee; J- visiting
* Thomas Bowen was diagnosed with lung cancer on Nov. 3, 2010, from which he died on Dec. 5, 2010. Mary Bowen claims the 39 defendants are responsible for the diagnosis. Mary Bowen is seeking a jury trial to resolve all issues.
Case number: 12-C-2192

Nov. 1
Darla Blankenship, Robin Hubbard, Beverly Daniel and Tammy Shipley vs. Mountain State University, Inc.; Charles Polk; and the Mountain State University Board of Trustees
PA- William Druckman, Madonna Estep, John P. Fishwick Jr., Monica L. Mroz; J- Paul Zakaib Jr., Tod J. Kaufman, Louis H. Bloom
* The four plaintiffs were students in MSU’s nursing program. They claim the defendants failed to keep them informed regarding the school’s accreditation. The students are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-2196, 12-C-2197, 12-C-2198, 12-C-2199

Alice Tyree vs. the Kroger Co.
PA- Dana F. Eddy; J- James C. Stucky
* On April 11, 2011, Tyree entered the Kroger store in Belle in her wheelchair. She claims as she was maneuvering the mechanized wheel chair to enter the main part of the store, the doors in the foyer opened automatically and struck the vending machines that had been placed next to the door in the foyer. The vending machines then struck the mechanized wheelchair, which caused Tyree to suffer a separation of her shoulder, she says. Tyree is seeking compensatory damages.
Case number: 12-C-2203

Samuel Ruff vs. JAG Coal Services, LLC f/k/a Lincoln Leasing Company; and Herbie Smith
PA- Mark L. French, Matthew S. Criswell; J- James C. Stucky
* On Nov. 11, 2000, Ruff was involved in a serious mining accident and broke his neck, and in 2002 he was released to return to work without restrictions. In 2010, he began going to JAG Coal Services to seek employment and inquired with the company on several occasions regarding a position driving a coal truck. Ruff claims the defendants refused to hire him due to his previously sustained injury. Ruff is seeking compensatory and punitive damages with pre-and post-judgment interest.
Case number: 12-C-2206

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