CIVIL FILINGS: Kanawha County

Nov. 16

Shirley Debardi, Michelle Black, Jamie Gilliam, Trudy Bell, Sandra Cochran, Leigh-Ann Herman and Fatoumato Diallo vs. Mountain State University, Charles Polk and the Mountain State University Board of Trustees

PA- William Druckman, Madonna Estep, John P. Fishwick, Monica L. Mroz; J- Carrie Webster, Louis H. Bloom, Charles E. King, James C. Stucky

* The seven plaintiffs were students in MSU’s nursing program. They claim the defendants failed to keep them informed regarding the school’s accreditation. They are seeking compensatory and punitive damages with pre- and post-judgment interest.

Case number: 12-C-2292, 12-C-2293, 12-C-2294, 12-C-2295, 12-C-2296, 12-C-2297, 12-C-2298

 

Allen Johnson and Janet Canterbury Johnson vs. 3M Corporation; A.O. Smith; Black & Decker (U.S.), Inc.; et al

PA- James M. Barber; J- visiting

* The Johnsons claim the 28 defendants are responsible or Allen Johnson’s lung cancer and other asbestos-related diseases. The Johnsons are seeking compensatory and punitive damages with pre- and post-judgment interest.

Case number: 12-C-2305

 

Nov. 19

Charles & Suthers Associates, LLC vs. City of Charleston, W.Va.

PA- David V. Moore; J- Charles E. King

* In 2010, the plaintiff began to notice that a storm water drain owned by the defendant and running underneath Lexington Drive was not functioning and was causing storm water to pond in large quantities immediately across Lexington Drive from the plaintiffs property and notified the defendant. Charles & Suthers claims despite continued notifications since 2010, the defendant failed to take action until 2012. Charles & Suthers is seeking compensatory damages with pre- and post-judgment interest.

Case number: 12-C-2307

 

Leslie Klingensmith, individually and on behalf of those similarly situated vs. Critchfield Utilities, LLC

PA- Todd S. Bailess, Joy B. Mega, Rodney A. Smith, Jonathan R. Marshall; J- Tod J. Kaufman

* Klingensmith claims the defendant violated the West Virginia Wage Payment and Collection Act. He is seeking compensatory damages with pre- and post-judgment interest.

Case number: 12-C-2311

 

Gladys Carpenter vs. AMFM, LLC; Commercial Holdings, Inc. k/n/a Commercial Holdings, LLC; Integrated Commercial Enterprises, Inc.; Manzanita Holdings, LLC; Manzanita Management, Inc.; Lifetree, LLC; Wisteria, LLC; Mercer Nursing and Rehabilitation Center, LLC d/b/a Mercer Nursing and Rehabilitation Center; Kathy Webb; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Mercer Nursing and Rehabilitation Center)

PA- James B. McHugh, Michael J. Fuller Jr., D. Bryant Chaffin; J- Charles E. King

* Carpenter was a resident of the defendants from June 2010 until Nov. 23, 2010. She claims while she was a resident at Mercer, she suffered pressure sores and fractures. Carpenter is seeking compensatory and punitive damages.

Case number: 12-C-2312

 

Elijah Williamson vs. Coal River Mining, LLC

PA- Stephen P. New, Robert A. Campbell, Matthew H. Nelson; J- Carrie Webster

* Williamson was employed by the defendant from Aug. 1, 2010, until Jan. 17. He claims he was injured on Sept. 23, 2011, and remained off work until Jan. 16. Williamson claims when he returned on Jan. 17, he was given a new position with fewer hours, and after he underwent a urine test and reviewed safety videos, he was told he was “no longer wanted as an employee.” Williamson is seeking compensatory and punitive damages and reinstatement.

Case number: 12-C-2315

 

Carl Ferguson vs. CAMC Health System, Inc.

PA- Lia DiTrapano Fairless, L. Tom Price; J- James C. Stucky

* Ferguson was employed by CAMC from July 2008 until July 12. He claims the defendant terminated his employment because of a temporary disabling condition. Ferguson is seeking compensatory and punitive damages with pre- and post-judgment interest.

Case number: 12-C-2316

 

Nov. 20

Elmer Lee Workman and Dorsey Workman, his wife vs. 3M Company; A.C.F. Industries, LLC; A.W. Chesterton Company; et al

PA- Bronwyn I. Rinehart; J- visiting

* The Workmans claim the 46 defendants are responsible for Elmer Workman’s asbestosis. They are seeking a jury trial to resolve all issues involved.

Case number: 12-C-2323

 

Nov. 21

Joel Miller, individually and on behalf of the Estate of Dolores Miller vs. Genesis Healthcare Corporation; Genesis Healthcare, LLC; Deatra Adkins; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Valley Center)

PA- James B. McHugh, Michael J. Fuller Jr.; J- Charles E. King

* Dolores Miller was a resident of the defendants from Nov. 18, 2010, until May 2, 2011. Joel Miller claims Dolores Miller suffered injuries while she was a resident of the defendants and died on Sept. 8, 2011. Joel Miller is seeking compensatory and punitive damages.

Case number: 12-C-2328

 

Carolyn Hefner vs. West Virginia Conservation Agency and West Virginia State Conservation Committee

PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III, Charles R. Webb; J- James C. Stucky

* Hefner was employed by the defendants as its Operations Division Director at its Gus R. Douglass Agricultural Center. She claims the defendants failed to promote or hire her as its executive director because of her sex. Hefner is seeking compensatory damages.

Case number: 12-C-2329