CIVIL FILINGS: Cabell County

By Kyla Asbury | Mar 8, 2013

Feb. 22
Forest Fibers, Inc., vs. Route 2 Recycling, LLC; Sun Down River Development, LLC; and Kenneth E. Maxwell
PA- D. Adrian Hoosier II; J- F. Jane Hustead
* Forest Fibers provided goods and services to the defendants in the approximate amount of $28,000. It claims the defendants have failed and refused to pay for the goods and services. Forest Fibers is seeking compensatory damages.
Case number: 13-C-123

L. Linda Mays vs. Marshall University Board of Governors
PA- Jeffrey V. Mehalic; J- F. Jane Hustead
* Mays underwent a mastectomy and reconstructive surgery of her left breast, including a breast implant. Mays claims the implant ruptured and on Oct. 20, 2010, she went to Dr. Adel A. Faltaous for consultation to determine whether the plastic surgeon could repair the rupture and Faltaous took photographs of her breast for reference. The photographs were sent to St. Mary’s, which was Mays’ place of work, which upset her. Mays is seeking judgment in an amount under and up to the limits of the defendant’s liability insurance.
Case number: 13-C-124

Feb. 27
Tonya J. Damron and Christopher S. Kitts vs. A. Gordon Merry III, Director of Cabell County Emergency Services, in his individual and official capacity; Steve Murray; Cabell County Emergency Medical Services; Cabell County Commission; and Nancy Cartmill, Anne Yon, and Bob Bailey, in their official capacities
PA- Abraham J. Saad, Ashley Lockwood; J- Paul T. Farrell
* On Feb. 16, 2011, Damron and Kitts, who were paramedics for Cabell EMS, were called out to attend to an individual who may have been intoxicated at a local gas station and was believed to be unconscious. Prior to EMS arrival, police officers had found the individual and thought him to be intoxicated and unresponsive, but never took a Field Sobriety Test, nor was a blood sample taken from the individual. The plaintiffs claim they followed protocol and because the individual refused medical assistance, they transported him to his home. However, Murray suspended the plaintiffs on that same night, claiming they had breached protocol and policies, according to the suit, and then terminated their employment on Feb. 28, 2011. The plaintiffs are seeking compensatory and punitive damages with pre-judgment interest.
Case number: 13-C-134

Feb. 28
Southern Nights, Inc. vs. IPI, Inc.
PA- Michael S. Bailey; J- David M. Pancake
* Southern Nights claims IPI agreed to repair and replace a roof on its property. Southern Nights claims IPI negligently, improperly and unsatisfactorily installed, repaired and/or replaced the roof. Southern Nights is seeking compensatory damages in an amount exceeding $53,000 and punitive damages with pre- and post-judgment interest.
Case number: 13-C-136

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