CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Jan. 11, 2013, 5:11am

Dec. 28
Jeffrey L. Richmond vs. Penn Line Corporation
PA- Todd S. Bailess, Joy B. Mega; J- Tod J. Kaufman
* Richmond was employed by the defendant until Oct. 16. He claims the defendant failed to pay his final wages in full within 72 hours of discharge. Richmond is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-2567

Michelle Carter vs. REM West Virginia, LLC
PA- Todd S. Bailess, Joy B. Mega; J- Tod J. Kaufman
* Carter was employed by the defendant until her resignation on Oct. 1. She claims on Sept. 17, she provided the defendant with at least one pay period’s notice of her intention to resign. However, the defendant allegedly failed to pay her final wages until Oct. 17. Carter is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-2569

A2C2 Partnership, LLC vs. Constellation Software, Inc.
PA- Stephen L. Gaylock; J- Paul Zakaib Jr.
* On Oct. 13, 2010, the Ann Arbor Country Club, Inc., was placed in Receivership due to its insolvency and on Feb. 7, 2011, 100 percent of its assets were transferred by court order to A2C2. The plaintiff claims Constellation Software breached its contract by shutting down A2C2’s website. A2C2 is seeking compensatory and punitive damages in an amount no less than $50,000 with pre- and post-judgment interest.
Case number: 12-C-2572

Robin Carnell vs. West Virginia Department of Health and Human Resources
PA- Todd S. Bailess, Joy B. Mega; J- Jennifer Bailey
* Carnell was employed by the defendant until she resigned on July 26. She claims the defendant had a duty to pay her employment wages by her next regular payday, but failed to do so. Carnell is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-2573

Brandon Gerwig vs. West Virginia Division of Juvenile Services
PA- Stephen P. New, Stephen B. Farmer, Matthew H. Nelson; J- Carrie Webster
* Gerwig was hired by the defendant as a K-9 officer on Oct. 13, 2001. He claims on Nov. 21, 2009, he was involved in an automobile accident during the course of his employment and although he was injured in the accident, he initially continued to report to work and attempted to perform his duties and responsibilities. But after several medical appointments and the effects of his injuries became more severe, he says he applied for and received workers’ compensation benefits. Gerwig claims his employment was terminated on Dec. 31, 2010, even though he was not released to return to work by his physicians. Gerwig is seeking compensatory and punitive damages.
Case number: 12-C-2578

Dec. 31
Ryan and Lora Fitzwater vs. Advantage Home & Environment Inspections, Inc.
PA- Jon D. Hoover; J- Tod J. Kaufman
* The Fitzwaters contracted with the defendant on Feb. 20 for the defendant to perform an inspection of a home in Charleston. They claim the defendant’s report failed to note several structural, safety and/or health concerns that could have affected the home or occupants in the short term. The Fitzwaters are seeking compensatory and punitive damages.
Case number: 12-C-2580

Mary Unik, personal representative of the Estate of Diana Unik vs. Rxbytel, Inc. and John
Does 1-25
PA- Kathryn R. Bayless, Michael E. Heygood; J- Carrie Webster
* Diana Unik was given a prescription for 25mcg Fentanyl transdermal patches on Jan. 19, 2011, by her physician, Dr. Iraj Derakhshan. However, the defendants allegedly filled the prescription with 75mcg Sandoz Fentanyl transdermal system patches on Jan. 27, 2011, which was a larger patch than her physician had prescribed. Mary Unik claims Diana Unik was wearing one of the patches at the time of her death. Mary Unik is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-2584

Jan. 3
Clarence Robert Nelson and Isabell S. Nelson, his wife vs. Air & Liquid Systems Corporation; Ajax Magnethermic Corporation; Allied Glove Corporation; et al
PA- David P. Chervenick, Bruce E. Mattock, Scott S. Segal; J- visiting
* The Nelsons claim the 124 defendants are responsible for Clarence Nelson’s asbestosis and mesothelioma. They are seeking a jury trial to resolve all issues involved.
Case number: 13-C-6

Mark Norris vs. Security America, Inc.
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III, G. Patrick Jacobs; J- James C.
Stucky
* Norris was employed by the defendant from May 1 until July 17. Norris claims the defendant failed to pay his final wages within 72 hours of discharge. Norris is seeking compensatory damages.
Case number: 13-C-13

Crystal D. Bowyer vs. Elk Run Coal Company, Inc. and Alpha Natural Resources Services, LLC
PA- Robert H. Miller II, Shawn R. Romano; J- Tod J. Kaufman
* Bowyer was employed by Elk Run and Alpha beginning Sept. 28, 2007. She claims during her employment an employee harassed her, but the defendants did not remedy the problem. Bowyer is seeking compensatory damages, reinstatement, front pay, back pay and pre- and post-judgment interest.
Case number: 13-C-14

William D. Brazell and Kathy Brazell vs. Snowshoe Mountain, Inc.; and Intrawest Resorts, Inc.
PA- Anthony J. Majestro, J.C. Powell; J- James C. Stucky
* On Feb. 3, 2011, William Brazell was snow tubing at the Silver Creek Ski Area, which was operated by Snowshoe. William Brazell claims due to the negligently designed and maintained run and barrier wall, he traveled down the trail at an excessive rate of speed and landed on his head and neck. William Brazell claims an employee met him at the scene, but failed to render first aid. The Brazells are seeking compensatory and punitive damages with pre- and post- judgment interest.
Case number: 13-C-15

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