CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Mar. 8, 2013, 5:26am

Feb. 21
Donna K. Cramer and Robert M. Cramer vs. Everhome Mortgage Company
PA- Daniel F. Hedges; J- Louis H. Bloom
* The Cramers claim the defendant attempted to collect and made demands for amounts not due on at least seven occasions in violation of West Virginia code. The Cramers are seeking actual damages and civil penalties.
Case number: 13-C-368

Feb. 22
Tracy A. Youmans vs. CitiMortgage, Inc.
PA- Daniel F. Hedges, Hoyt Glazer, Jed Nolan; J- Charles E. King
* Youmans claims CitiMortgage breached its contract with him and participated in illegal debt collection. Youmans is seeking actual damages and civil penalties.
Case number: 13-C-375

Maria Decicio-Smith vs. William R. Sharpe Hospital; Zachary Thomas McCarty; and the West Virginia Department of Health and Human Resources
PA- Robert W. Trumble, Suzanne Williams-McAuliffe; J- Tod J. Kaufman
* From December 2010 until February 2011, Decicio-Smith was committed to William R. Sharpe Hospital and the WVDHHR for evaluation regarding her fitness to stand trial on criminal charges against her in Berkeley County. She claims during her hospitalization and evaluation, McCarty, who was employed by Sharpe and WVDHHR, sexually abused, molested, fondled and assaulted her. Decicio-Smith is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-376

Dwight Graley Sr. vs. Lowe’s Home Centers, Inc.; Electrolux Home Care Products, Inc.; and Electrolux North America, Inc.
PA- Michael L. Myers; J- Jennifer Bailey
* Graley purchased an Electrolux/Frigidaire stove/cooktop/range from Lowe’s. On Feb. 22, 2011, the stove malfunctioned and caused a fire to start at Graley’s home. Graley is seeking compensatory damages.
Case number: 13-C-377

Heather Allen vs. Windham Professionals, Inc.
PA- Anthony J. Majestro, J.C. Powell; J- Charles E. King
* Allen claims the defendant attempted to collect debt from her in violation of West Virginia code. Allen is seeking compensatory and punitive damages with interest.
Case number: 13-C-378

Feb.25
Denise Tate, executrix of the Estate of Ervin Dallas Mayes vs. 3M Company; A.W. Chesterton Company; Allied Chemical Corporation; et al
PA- Bronwyn I. Rinehart; J- visiting
* Mayes was diagnosed with lung cancer on April 26, 2010, from which he died on May 5, 2011. Tate claims the 68 defendants caused the lung injury. She is seeking a jury trial to resolve all issues involved.
Case number: 13-C-379

Marcus D. Thompson vs. Bert Wolfe Ford, Inc.
PA- Erika Klie Kolenich, D. Geoff Varney; J- Jennifer Bailey
* On June 17, 2010, Thompson was hired by the defendant as a customer service advisor. He claims co-workers made offensive racial comments and jokes toward him and Thompson’s employment was terminated without good cause and without due consideration of the facts and circumstances surrounding his employment with Bert Wolfe Ford. Thompson is seeking compensatory and punitive damages.
Case number: 13-C-382

Stephanie McClung vs. West Virginia Department of Transportation-Division of Highways and Tim Stanley
PA- Paul M. Stroebel; J- Charles E. King
* McClung was employed by the WVDOT as a summer worker and Stanley was her supervisor. McClung claims she was sexually harassed by Stanley. McClung is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-384

Feb. 27
Mark Haynes vs. Machine and Component Transport, LLC
PA- J. Michael Ranson, Cynthia M. Ranson, G. Patrick Jacobs; J- Louis H. Bloom
* Haynes was employed by the defendant from Sept. 1, 2012, until Nov. 27, 2012. He claims the defendant failed to pay his final wages within 72 hours of discharge. Haynes is seeking compensatory and liquidated damages.
Case number: 13-C-402

Mountain State Motor Fuels, LLC vs. Pinnacle Creek Operations, Inc. and Pinnacle Creek Properties, LLC
PA- Nathanial K. Tawney, J. Thomas Clark, Bradley J. Schmalzer; J- Jennifer Bailey
* Mountain State claims the defendants owe $80,424.25 and has failed to make timely payments for fuel and services provided. Mountain State is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-403

Feb. 28
Elizabeth Elaine Bailey vs. Abbott Bus Lines, Inc. d/b/a Abbott Trailways
PA- John H. Shumate Jr.; J- Paul Zakaib Jr.
* On March 17, 2011, Abbott negligently operated its motor coach and struck Bailey, which caused her injuries. Bailey is seeking compensatory damages.
Case number: 13-C-415

Jeffrey R. Brown vs. Casto Technical Services, Inc.
PA- Shawn R. Romano, Robert H. Miller II; J- Paul Zakaib Jr.
* From 1995 through Sept. 30, 2011, Brown was employed by Casto. He claims the defendant owes him for performance incentive payments and/or annual bonuses based on his work on various projects. Brown is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-417

Wayne Junior Rider vs. 3M Company; A.C.F. Industries, LLC; A.W. Chesterton Company; et al
PA- James A. McKowen; J- visiting
* Rider claims the 55 defendants are responsible for his pleural bilateral. He is seeking a jury trial to resolve all issues involved.
Case number: 13-C-418

March 1
Arthur Benjamin Jr. and Jackie L. Benjamin, his wife vs. 3M Company; A.K. Steel Corporation; Ashland, Inc.; et al
PA- James A. McKowen; J- visiting
* Arthur Benjamin was diagnosed with asbestosis on Aug. 20. The Benjamins claim the 57 defendants are responsible for the lung injury. They are seeking a jury trial to resolve all issues involved.
Case number: 13-C-423

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