CIVIL FILINGS: Kanawha County

By Kyla Asbury | Feb 8, 2013

Jan. 18

Jan. 18
Emory R. Paxton vs. Herbert J. Thomas Memorial Hospital Association
PA- Robert V. Berthold Jr., Christina L. Smith; J- Carrie Webster
*On Nov. 13, 2011, Paxton presented to the defendant for complaints of a rash, shortness of breath and congestive heart failure exacerbation and on Nov. 16, 2011, he underwent surgery for placement of a defibrillator. He claims after the surgery he had pain in his left hand and it was wrapped in a bandage. Paxton claims the defendants failed to request a plastic surgery consultation in a timely manner and failed to provide adequate and timely treatment of the infiltrate/extravasations that had occurred. Paxton is seeking compensatory damages.
Case number: 13-C-125

Jan. 23
Richard Carlson vs. Joshua Thompson and West Virginia Parkways Authority
PA- Dorwin J. Wolfe; J- Tod J. Kaufman
*On Jan. 27, 2011, Carlson was the passenger in a vehicle being driven on Interstate-77 when Thompson, who was operating a dump truck owned by WVPA, attempted to pull through the cross-over in the center of the interstate and struck the vehicle Carlson was in, the suit says. Carlson is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-142

Ulysses G. Young III vs. Daniel C. Kessler and Diversified Services, LLC
PA- David A. Ford; J- Paul Zakaib Jr.
*On May 16, 2011, Kessler and Young entered into a partnership agreement. Young claims he provided funding in the amount of $40,000 for the purchase of a Kenworth truck unit, along with a vacuum truck to be used by Diversified Services. Young claims the defendants violated the agreement. Young is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-143

Courtney Hipes vs. West Virginia Division of Corrections
PA- Scott H. Kaminski; J- Charles E. King
*Hipes was employed by Wexford Health Services as a licensed practical nurse. She claims on Sept. 1, 2011, she was exiting a vehicle on WVDOC’s property when she stepped in a pot hole and injured her ankle. Hipes is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-145

Jan. 24
Allyson Townsend vs. Commercial Coal Testing, Inc.; Commercial Coal Testing, LLC; Preiser Scientific, Inc.; and Standard Laboratories, Inc.
PA- Kevin W. Thompson, David R. Barney Jr.; J- Charles E. King
*Townsend claims her father was a coal testing industry worker who was often exposed to dangerous and carcinogenic chemicals during the course of his employment. Townsend claims she was exposed to the same dangerous and carcinogenic chemicals through contact with her father’s clothes and person. As a result, Townsend developed a rare form of thyroid cancer, she says. Townsend is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-151

Jan. 25
D.M., parent, guardian and next friend of Z.M., an infant vs. Precious Moments Daycare, Alisha Cooper, Christopher Cooper, the West Virginia Department of Health and Human Resources, Rocco S. Fucillo and Drema Welch
PA- JB Akers; J- Jennifer Bailey
*On Jan. 28, 2011, D.M. dropped Z.M. off at Alisha Cooper’s home, from where she operated Precious Moments. Later that day, D.M. received a phone call from Alisha Cooper indicating that Z.M. had been taken to Williamson Memorial Hospital where he was treated for a closed head injury and then was transported to Cabell Huntington Hospital for severe head trauma. It was later discovered that Alisha Cooper had left Z.M. in the care of Christopher Cooper at the time of the accident. D.M. is seeking compensatory damages.
Case number: 13-C-165

Loretta Douglas vs. Jason Lee Thomas and Pjax, Inc.
PA- R. Michael Martin; J- Charles E. King
*On Jan. 26, 2011, Douglas was operating a 2000 Buick Century on Interstate-79 when Thomas, who was operating a tractor-trailer owned by Pjax, negligently collided with Douglas’ vehicle, the suit says. Douglas is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-166

Jan. 28
John Steven LeRose II, administrator of the Estate of John Steven LeRose vs. Summersville Regional Medical Center; Charleston Area Medical Center, Inc.; West Virginia Board of Governors; Marvin Wurth, M.D.; Yancy Short, M.D.; Paul Conley, D.O.; Halberto Cruz, M.D.; Robby Keith, M.D.; Benjamin Dyer, M.D.; Nicholas Baker, M.D.; and Damian Maxwell, M.D.
PA- Richard D. Lindsay; J- Charles E. King
*On Oct. 20, 2010, John Steven LeRose sought medical care and was admitted to SRMC for abdominal pain and nausea and was transferred to CAMC two days later. John Steven LeRose II claims it was discovered on Oct. 26, 2010, that his father was suffering from appendicitis and on Nov. 12, 2010, he died as a consequence of the defendants’ failure to timely diagnose and treat the appendicitis. John Steven LeRose II is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-179

Jan. 29
Less Browning and Carol Browning vs. General Motors, LLC; and Thornhill Superstore, Inc.
PA- David L. Grubb, Cameron S. McKinney; J- Jennifer Bailey
*On Oct. 15, 2011, the Brownings entered into a motor vehicle contract with the defendants for the purchase of 2011 Chevrolet Cruze. They claim the vehicle was defective. The Brownings are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-184

Jan. 30
Melanie Miller vs. David W. Ranson, M.D.
PA- Richard D. Lindsay, Matthew C. Lindsay; J- James C. Stucky
*On Aug. 18, 2010, Miller sought treatment from Ranson for complaints of swelling in her ankle and Ranson told her she had varicose veins in both legs and scheduled her for an endovenous radiofrequency ablation for the Great Saphenous vein in her left leg on Oct. 18, 2010. Following the procedure, Miller claims she developed swelling and redness in her leg with increased severity, but the defendant failed provide proper and timely follow-up care. Miller is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-207

Jan. 31
Brandon Tagayun vs. Shana M. Richards and the Estate of Steiney James Richards
PA- JB Akers; J- Carrie Webster
*On Feb. 4, 2011, Tagayun says he was working as a police officer with the Metro Drug Unit in Charleston and was a pedestrian when Steiney Richards negligently struck him with Shana Richards’ car and fled the scene. Tagayun is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-214

Brian Tucker and Sherri Tucker, his wife vs. Momentive Performance Materials USA, Inc.
PA- Timothy N. Barber; J- James C. Stucky
*Brian Tucker was employed by the defendant from 1977 until 2011. The Tuckers claim Brian Tucker was exposed to chemicals during his employment and, as a result, has been diagnosed with bronchiolitis obliterans. The Tuckers are seeking compensatory and punitive damages.
Case number: 13-C-216

Deborah Dooley vs. Beverly Enterprises-West Virginia, Inc. d/b/a Goldenliving Center
PA- J. Michael Ranson, Cynthia M. Ranson, George B. Morrone III, G. Patrick Jacobs; J- Carrie Webster
*Dooley was employed by the defendant from Oct. 24 until Nov. 1. She claims the defendant failed to pay her final wages within 72 hours. Dooley is seeking compensatory and liquidated damages.
Case number: 13-C-217

Feb. 1
Tammi Payne vs. NGK Spark Plugs (USA), Inc.
PA- Todd S. Bailess, J. Kristofer Cormany; J- Paul Zakaib Jr.
*Payne was employed by the defendant as a production associate. She claims on June 8, 2011, she sustained severe and permanent disabling injuries because of the defendant failed to adequately maintain an automatic heater insertion machine. Payne claims when she attempted to receive Workers’ Compensation benefits, her employment was terminated on Aug. 1, 2011. Payne is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-218

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