WEST VIRGINIA RECORD

Dec. 13
Megan Flinn vs. West Virginia Division of Natural Resources and John Bracken, individually and as an agent of WVDNR
PA- Thomas A. Rist; J- Tod J. Kaufman
* Flinn started working for the defendant at Hawks Nest in January 2010. She claims she endured persistent and constant sexual comments, questions, graphic sexual jokes and/or other forms of severe sexual harassment from Bracken. Flinn claims WVDNR knew of the ongoing problems with Bracken. Flinn is seeking compensatory and punitive damages.
Case number: 12-C-2445

Dec. 14
Shawn Shelton, as administrator of the Estate of Clara Anderson vs. the West Virginia University Board of Governors
PA- C. Paul Estep, Virginia Jackson Hopkins; J- James C. Stucky
* Anderson was admitted to Charleston Area Medical Center on Sept. 7, 2010, with severe abdominal pain. It was determined that Anderson was suffering from acute appendicitis and laparoscopic surgery was performed by Dr. Aaron Brown, who determined Anderson’s appendix had ruptured. Anderson was discharged on Sept. 10, 2010, but returned on Sept. 28, 2010, with abdominal pain and shortly thereafter, she suffered a massive ischemic stroke and died on Oct. 1, 2010. Shelton claims Brown was negligent in his care of Anderson. Shelton is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-2473

Dec. 17
Shane Holstine vs. Speedway, LLC and John Doe
PA- Kimberly E. Williams, Mark A. Hunt; J- Louis H. Bloom
* On Dec. 17, 2010, Holstine went to Speedway to purchase kerosene. He claims while there he slipped and fell on a patch of black ice and reached out to grab a light pole to regain his balance. However, the electricity to the light pole was not grounded and he was severely shocked. Holstine is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-2479

Alfred Atkinson and Stella Atkinson, his wife vs. Millennium Group, LLC
PA- Timothy J. LaFon; J- Paul Zakaib Jr.
* In 2004, the Atkinsons and Millennium entered into a contract for the construction of a home. The Atkinsons claim in February they discovered the roof of the premises was not installed appropriately, which was in breach of their contract. The Atkinsons are seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-2480

Dec. 18
Ryan Keelin vs. City of South Charleston
PA- Raj A. Shah, Stephen E. Hastings; J- Tod J. Kaufman
* On March 8, Keelin was utilizing the facilities as an invitee at the Community Center in Kanawha County and was in the sauna when he suffered first and second degree burns on his back from improperly installed and/or maintained metal screws that were protruding from a bench in the sauna. Keelin is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-2482

George Jarrett vs. Arc of the Three Rivers, Inc.
PA- Samuel F. Hanna; J- Charles E. King
* Jarrett was employed by the defendant. He claims when he left his employment, the defendant failed to pay all wages due. Jarrett is seeking compensatory and punitive damages.
Case number: 12-C-2493

Dec. 20
Joseph Eric Besenyei vs. Stanley Steamer Partners Too Ins. and Jason Lee Pugh
PA- Michael A. Olivio, Travis A. Griffith; J- Carrie Webster
* On Dec. 14, 2011, Besenyei was operating a vehicle on U.S. 19 in Princeton while Pugh was operating a vehicle owned by Stanley Steamer in the same direction. Besenyei claims Pugh failed to maintain control of the vehicle and failed to yield the right-of-way and collided with his vehicle. Besenyei is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-2509

Dec. 21
Joshua Ilderton and Stacy Ilderton vs. Skyline Transportation, Inc.; and Con-way, Inc., doing business through its subsidiary Con-way Truckload, Inc.
PA- Gregory B. Chiartas; J- Paul Zakaib Jr.
* On Feb. 4, 2011, Joshua Ilderton was operating his vehicle in Interstate 64 near Nitro and was stopped in the left-hand lane due to traffic congestion. The couple claims Robert Wright was operating a tractor trailer owned by Skyline when he failed to maintain control of the vehicle and struck Joshua Ilderton’s vehicle and caused him to be pushed into the vehicle in front of him. Moments after the collision, another tractor trailer driven by Hyppolite Saget, and owned by Con-way, struck the Skyline vehicle, which struck Joshua Ilderton’s vehicle again, it is alleged. The Ildertons are seeking compensatory damages with pre-judgment interest.
Case number: 12-C-2511

Ronald D. Bowe II vs. Thomas Health System, Inc.; Herbert J. Thomas Memorial Hospital d/b/ a Thomas Memorial Hospital; James Young, D.O.; and Hossam Tarakji, M.D.
PA- Ray M. Shepard; J- Charles E. King
* On Dec. 19, 2010, Bowe presented to the emergency room at Thomas Memorial with chest pain. He claims the defendants failed to recognize and/or diagnose the existence of a myocardial infarction in a timely manner. Bowe is seeking compensatory damages.
Case number: 12-C-2515

Angel Dawson vs. One Stop, Inc.; OSI, Inc.; and Smith O.V. & Sons, Inc.
PA- Michael A. Turkaly; J- Tod J. Kaufman
* On Dec. 27, 2010, Dawson was conducting business on the defendants’ property when she slipped and fell on fresh snow and ice and was injured. Dawson is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-2518

Megan Suddreth, Kristen King, Rebecca Phlegar and Ramona Boyer vs. Mountain State University, Charles H. Polk and the Mountain State University Board of Trustees
PA- Stephen P. New, Douglas Adkins; J- visiting
* The plaintiffs claim Mountain State failed to keep them informed regarding the status of the nursing school’s accreditation. They are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-2522, 12-C-2523, 12-C-2524, 12-C-2525

Dec. 26
Girl Scouts of Black Diamond Council, Inc. vs. Melissa Brode
PA- David S. Hughart, Christopher J. Winton; J- Carrie Webster
* In January, the Girl Scouts entered into an agreement with Brode in which Brode allegedly agreed to be a Troop Cookie Chair and agreed to be responsible for and pay for Girl Scout cookies and other products provided by the plaintiff. The plaintiff is seeking judgment in the amount of $4,036.80 with interest.
Case number: 12-C-2544

Girl Scouts of Black Diamond Council, Inc. vs. Lindsey Long
PA- David S. Hughart, Christopher J. Winton; J- Louis H. Bloom
* In January, the Girl Scouts entered into an agreement with Long in which Long allegedly agreed to be a Troop Cookie Chair and agreed to be responsible for and pay for Girl Scout cookies and other products provided by the plaintiff. The plaintiff is seeking judgment in the amount of $6,100 with interest.
Case number: 12-C-2545

Girl Scouts of Black Diamond Council, Inc. vs. Stephanie Peraldo
PA- David S. Hughart, Christopher J. Winton; J- Paul Zakaib Jr.
* In January, the Girl Scouts entered into an agreement with Peraldo in which Peraldo allegedly agreed to be a Troop Cookie Chair and agreed to be responsible for and pay for Girl Scout cookies and other products provided by the plaintiff. The plaintiff is seeking judgment in the amount of $4,280.40 with interest.
Case number: 12-C-2546

Girl Scouts of Black Diamond Council, Inc. vs. Melissa Cochran
PA- David S. Hughart, Christopher J. Winton; J- Tod J. Kaufman
* In January, the Girl Scouts entered into an agreement with Cochran in which Cochran allegedly agreed to be a Troop Cookie Chair and agreed to be responsible for and pay for Girl Scout cookies and other products provided by the plaintiff. The plaintiff is seeking judgment in the amount of $5,896.40 with interest.
Case number: 12-C-2549

Girl Scouts of Black Diamond Council, Inc. vs. Francine Gordon
PA- David S. Hughart, Christopher J. Winton; J- Tod J. Kaufman
* In January, the Girl Scouts entered into an agreement with Gordon in which Gordon allegedly agreed to be a Troop Cookie Chair and agreed to be responsible for and pay for Girl Scout cookies and other products provided by the plaintiff. The plaintiff is seeking judgment in the amount of $3,027.60 with interest.
Case number: 12-C-2551-

Girl Scouts of Black Diamond Council, Inc. vs. Betty Ross
PA- David S. Hughart, Christopher J. Winton; J- Louis H. Bloom
* In January, the Girl Scouts entered into an agreement with Ross in which Ross allegedly agreed to be a Troop Cookie Chair and agreed to be responsible for and pay for Girl Scout cookies and other products provided by the plaintiff. The plaintiff is seeking judgment in the amount of $2,657.70 with interest.
Case number: 12-C-2552

Girl Scouts of Black Diamond Council, Inc. vs. Melissa Brode
PA- David S. Hughart, Christopher J. Winton; J- Carrie Webster
* In January, the Girl Scouts entered into an agreement with Brode in which Brode allegedly agreed to be a Troop Cookie Chair and agreed to be responsible for and pay for Girl Scout cookies and other products provided by the plaintiff. The plaintiff is seeking judgment in the amount of $4,036.80 with interest.
Case number: 12-C-2550

Kim Crose, as guardian for Shawn Shumbera vs. Rocco S. Fucillo, in his capacity as secretary for the West Virginia Department of Health and Human Resources
PA- C. Joseph Stevens, Ronald G. Salmons; J- Carrie Webster
* Shumbera was confined in Mitchell-Bateman Hospital from Dec. 22, 1998, until Jan. 6, 2011. Crose claims on Jan. 2, 2011, Mitchell-Bateman negligently required Shumbera, who was heavily sedated, to room with a person who was known as a violent offender and the subject of pending attempted murder charges. Crose claims Shumbera was assaulted, sexually abused and raped by the violent offender between Jan. 5, 2011, and Jan. 6, 2011, and Shumbera suffered severe, permanent physical injuries and emotional distress. Crose is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-2554