CIVIL FILINGS: Kanawha County

Nov. 21
Tabitha R. Jeffries d/b/a Pediatric Therapy Services, LLC vs. West Virginia Department of Health and Human Resources, Bureau for Public Health, Office of Maternal, Child and Family Health/WV Birth to Three
PA- Kevin T. Tipton; J- Paul Zakaib Jr.
* In January 2009, Jeffries signed a service coordinator agreement wherein she agreed to serve as a service coordinator for the Department and the WV Birth to Three Program. She claims on Sept. 27, 2011, she received a letter disenrolling her from the program claiming she failed to meet requirements. Jeffries claims she responded to the allegations and requested an investigation into the matter of the allegations, however, the defendant negligently failed to conduct a competent, impartial and/or thorough investigation. Jeffries is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-2330

Nov. 30
Yvonne R. Moore vs. K-Mart Corporation
PA- Richelle K. Garlow; J- Charles E. King
* On June 15, 2011, Moore was shopping at the defendant’s Charleston store when a display allegedly suddenly fell over on top of her and caused her injuries. Moore is seeking compensatory damages.
Case number: 12-C-2370

Tammy Thomas Lipscomb and Bobby Franklin Lipscomb vs. Breof Asset Management, LLC;
Breof BNK Midwest, LLC; and Breof BNK2 Midwest, LLC
PA- Richard A. Monahan; J- Jennifer Bailey
* On Dec. 3, 2010, Tammy Lipscomb parked her vehicle in the defendants’ parking garage and began to walk in the parking garage to her employment. While she was walking in the dimly lit parking garage, she stepping in a pot hole and fell to the concrete floor, she says. The Lipscombs are seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-2373

Dec. 4
Takisha Rose, Amber Lily, Rachel Woods, Jamie Wagner and Candy Pietkoski 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- Charles E. King,
Tod J. Kaufman, Louis H. Bloom, Carrie Webster
* The five 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 numbers: 12-C-2381, 12-C-2382, 12-C-2383, 12-C-2384, 12-C-2385

Potesta & Associates, Inc. vs. Stoneridge Homes, Inc. and NES Unlimited, Inc.
PA- Webster J. Arceneaux, Spencer D. Elliott; J- Jennifer Bailey
* Potesta provided engineering, testing and related services to the defendants. It claims the defendants have failed to pay for the services. Potesta is seeking damages from Stoneridge in the amount of $15,756.17 with pre- and post-judgment interest and $10,169.91 with pre- and post-judgment interest from NES.
Case number: 12-C-2387

Dec. 5
Kimmy McNair and Larry McNair vs. Charleston Area Medical Center, Inc. d/b/a Health Plus
Urgent Care; and Lisa Downham, M.D.
PA- Richard D. Lindsay, Matthew C. Lindsay; J- Paul Zakaib Jr.
* On March 23, Kimmy McNair presented to Health Plus with complaints of a dry cough, chest congestion, a sore throat, body aches and nasal drainage and was seen by Downham. Kimmy McNair was diagnosed with right lower lobe pneumonia and bronchitis, even though the chest x-ray was negative, was prescribed Levaquin and was sent home, according to the suit. Approximately one week later, Kimmy McNair collapsed at work and was taken to CAMC, where she was diagnosed with ARDS. The McNairs claim the defendants were negligent in failing to properly diagnose Kimmy McNair. The McNairs are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-2390

Lester Haynes vs. Paul White Chevrolet, Inc.
PA- Richard E. Hardison Jr.; J- Carrie Webster
* Paul White Chevrolet owns property located in Charleston and leases it to other businesses. On Dec. 12, 2010, Haynes went to the VA Clinic for a doctor’s appointment and when he exited the clinic, he slipped on an icy and/or snowy area and fell, he says. Haynes is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-2395