CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Mar. 12, 2013, 9:52am

Feb. 27
R.A. Walker Trucking, LLC vs. Pam Transport, Inc. and Howard LeRoy Lawrence
PA- Stephen P. Hoyer; J- Carrie Webster
* On Sept. 28, 2011, Lawrence, who was employed by Pam, failed to secure the parking brake and/or chock the wheels of a tractor he was operating, which caused the vehicle to roll backward and into a 2006 Freightliner owned by R.A. Walker, the suit says. R.A. Walker is seeking damages in the amount of $14,167.66 with interest.
Case number: 13-C-401

Feb. 28
John William Taylor and Carol Taylor, his wife vs. A.O. Smith Corporation; A.W. Chesterton Company; 3M Company; et al
PA- James A. McKowen; J- visiting
* John Taylor was diagnosed with a lung injury on July 24. The Taylors claim the 73 defendants are responsible for the lung injury. They are seeking a jury trial to resolve all issues involved.
Case number: 13-C-420

March 1
Lorraine McCallister vs. C.L. Cross and Hunt Construction Group, Inc.
PA- Henry R. Glass III; J- Paul Zakaib Jr.
* On March 3, 2011, McCallister was exiting a restaurant when she encountered Cross and his dog. She claims the dog bit her without provocation and Cross refused to disclose to her the status of the dog’s rabies vaccinations, despite her request. At the time of the incident, Cross was acting in the scope of his employment with Hunt, the suit says. McCallister is seeking judgment in the amount of $25,000 with pre- and post-judgment interest.
Case number: 13-C-424

Laura Burdette Helmick vs. John Eye Big Sandy Super Store, Inc.; Big Sandy Furniture, Inc.; and John Eye Big Sandy Service, Inc.
PA- Marvin W. Masters, Charles M. Love IV; J- Louis H. Bloom
* On May 14, 2011, Helmick was shopping in the defendants’ showroom in Nitro/Cross Lanes, when she tripped over bed rails that were not visible and was injured, the suit says. She is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-425

March 4
Shantell Armstrong vs. Family Dollar Stores of West Virginia, Inc.
PA- Kristina Thomas Whiteaker, David L. Grubb; J- Paul Zakaib Jr.
* Armstrong applied online through the defendant’s website for a cashier position at its Dunbar location in December. She claims during the phone interview on Dec. 28, she informed the store manager she was pregnant. On Dec. 31, Armstrong says she reported to work and was informed upon arrival that corporate had rescinded her job offer because of her pregnancy. Armstrong is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-429

James E. Preston and Nancy J. Preston, his wife vs. 3M Company; 4520 Corporation, Inc.; Ajax Magnethermic Corporation; Allied Chemical Corporation; et al
PA- Bronwyn I. Rinehart; J- visiting
* James Preston was diagnosed with asbestosis on June 27, 2011. The Prestons claim the 70 defendants are responsible for the diagnosis. They are seeking a jury trial to resolve all issues involved.
Case number: 13-C-432

John McIntosh vs. Ford Motor Company and M&M Allietta, Inc.
PA- Kristina Thomas Whiteaker, D. Christopher Hedges, David L. Grubb; J- Carrie Webster
* On March 15, 2012, McIntosh entered into a motor vehicle purchase contract with the defendants for the purchase of a 2012 Ford F150. McIntosh claims the vehicle was defective. McIntosh is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-440

March 6
Ryan Tierney and Amber Tierney vs. Stricklen Realty, Inc.
PA- Marvin W. Masters, Christopher L. Brinkley; J- Paul Zakaib Jr.
* In early 2012 and continuing to present, Stricklen has come onto the Tierneys’ property and has taken down a number of trees and has pushed brush, fallen timber and other debris onto their property, the suit says. The Tierneys are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-449

Robert L. Bumgardner and Grant Bumgardner vs. Michael Rutherford, Kanawha County Sheriff
PA- James M. Cagle; J- Tod J. Kaufman
* On April 30, 2009, Robert Bumgardner was stopped in his vehicle in Kanawha County, after which he was charged with a violation of West Virginia Code. When Robert Bumgardner was stopped, he and his vehicle were searched and $1,564 in cash was seized and has since been held by Rutherford, according to the suit. A search warrant was also executed for Robert Bumgardner’s home, which was also occupied by Grant Bumgardner, his son, and various items were seized that belonged to Grant Bumgardner. The plaintiffs claim no legal basis exists for the continued possession of their money and property. They are seeking for the court to order Rutherford to return all of their property.
Case number: 13-C-452

LaTonya Fuller vs. Board of Governors of West Virginia State University
PA- Scott H. Kaminski; J- Jennifer Bailey
* Fuller was employed by the defendant in the Upward Bound program and was chaperoning a group of students in the program on a trip to Washington, D.C., when Barbara W. Cary, another chaperone, created a hostile work environment, the suit says. Fuller claims after advising her supervisors of Cary’s conduct, her employment was wrongfully terminated. Fuller is seeking compensatory and punitive damages.
Case number: 13-C-454

March 7
Micahel J. Toler vs. Diversified Services, LLC
PA- C. Page Hamrick III; J- James C. Stucky
* On June 10, Toler and Diversified entered into a transportation agreement. Toler claims the defendant breached the agreement. Toler is seeking compensatory damages with interest.
Case number: 13-C-461

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5000 Fairlawn Ave
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