CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Mar. 22, 2013, 7:00am

March 8
Collis L. Bickford and Judy Bickford vs. Massey Energy Company; Alpha Appalachia Services Inc.; Green Valley Coal Company; White Buck Coal Company; Alex Energy Inc.; Don L. Blankenship; J. Christopher Adkins; Gary Frampton; David C. Hughart; Brooks Run Mining Company LLC; Little Eagle Coal Company LLC; and John Doe Entities
PA- Timothy C. Bailey, J. Ryan Stewart, Gregory A. Lofstead; J- James C. Stucky
* Collis Bickford has been employed at various times by the defendants since April 2004. The Bickfords claim the defendants exposed Bickford to illegal and unsafe levels of respirable dust, which has caused him to suffer complicated pneumoconiosis. The Bickfords are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-473

March 12
Danhill Construction Company vs. G&R Masonary Inc. and Mark Stutler
PA- David K. Schwirian; J- James C. Stucky
* The defendants entered into a subcontractor agreement with Danhill on Aug. 9. Danhill claims the defendants completed approximately 90 percent of its work on the Madison Elementary School project under the agreement and was paid $87,685 for its work. G&R has allegedly failed to complete its work on the project, which has caused Danhill damages. Danhill is seeking compensatory and punitive damages.
Case number: 13-C-485

March 13
Alum Creek Pharmacy Inc. vs. Lincoln County Primary Care Center Inc. d/b/a Alum Creek Pharmacy at Sand Plant
PA- Samuel F. Hanna; J- Charles E. King
* On Feb. 4, Lincoln added a "doing business as" name as a trade name with the West Virginia Secretary of State's Office, which violated West Virginia code, as Alum had already taken its name "or any deviation thereof" with the Secretary of State's Office. The defendant's actions have caused Alum lost business, customers and income, the suit claims. Alum is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-490

Amy Watkins and Michael Watkins vs. Scott A. Naegele, MD, PLLC
PA- James R. Fox; J- Carrie Webster
* On Aug. 31, 2011, Naegele performed a hysterectomy and removal of a Bartholins' duct cyst from Amy Watkins. The plaintiffs claim it was not clinically or medically necessary to remove the cyst, and in doing so, Naegele violated the applicable standard of care. The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-493

March 14
Mercantile Realty Inc. vs. Tree Dollar LLC; Pin Oak Properties LLC; and D. Stephen Fansler
PA- W. Bradley Sorrells; J- Louis H. Bloom
* The defendants owe Mercantile Realty $45,000 for real estate brokerage services, the suit claims. Mercantile is seeking judgment in the amount of $45,000 with interest.
Case number: 13-C-502

March 15
Timothy Bunting, individually and on behalf of the Estate of Sarah Bunting vs. Sun Healthcare Group Inc.; Sabra Health Care REIT Inc.; SHG Services Inc.; Sunbridge Healthcare Corporation; Sunbridge Care Enterprises Inc.; Sunbridge Mountain Care Management Inc.; Atlantic Financial Group; Roger Davis; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to New Martinsville Healthcare Center)
PA- James B. McHugh, Michael J. Fuller Jr., D. Bryant Chaffin; J- James C. Stucky
* On April 20, 2011, Sarah Bunting was admitted to New Martinsville Healthcare Center, where she remained a resident until May 15, 2011. Bunting suffered serious injuries while in the defendants’ care, the suit alleges. Timothy Bunting is seeking compensatory and punitive damages.
Case number: 13-C-505

Julia Herkert vs. Krispy Kreme Doughnut Corp.
PA- Vincent J. Smith; J- Paul Zakaib Jr.
* On March 17, 2011, Herkert was in the defendant’s restaurant in South Charleston and was exiting the restroom when she slipped and fell on a wet, unmarked floor. She is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-506

March 15
Clarence Burgess vs. Ben McDonald and Nova Rubber Company LLC
PA- R. Michael Martin; J- Jennifer Bailey
* On March 15, 2011, Burgess was riding as a passenger in a vehicle on Fourth Street in South Charleston when McDonald, who was operating a 2005 Ford F-150 owned by Nova, allegedly collided with the vehicle Burgess was in. Burgess is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-511

March 18
West Virginia Steel Corporation vs. Power Plant Services Inc.; Roger Shafer; and Paula Shafer
PA- Charles M. Johnstone II, David A. Dobson; J- Carrie Webster
* From January through April 2012, the defendants ordered a substantial amount of steel and other products from West Virginia Steel Corporation. It claims the defendants have failed to pay for the products. It is seeking judgment in the amount of $84,832.46 with pre- and post-judgment interest.
Case number: 13-C-518

March 19
Jennifer Dillon vs. Racing Corporation of West Virginia d/b/a Mardi Gras Casino and Resort
PA- Kristina Thomas Whiteaker, David L. Grubb; J- James C. Stucky
* Dillon was employed by the defendant from September 2008 until November 2011. She claims she began to suffer from a chronic, gastro-esophageal disorder and in May 2011, she applied for intermittent FMLA leave due to her medical condition. Dillon claims on Aug. 4, 2011, she informed the defendant that her physician was taking her off work for one month due to her health condition and her physician faxed paperwork to the defendant. When she was released to return to work she was informed by the defendant that she had "voluntarily quit" and when she disputed this, the defendant allowed her to come back as a new hire on Oct. 3, 2011, the suit claims. On Nov. 24, 2011, she informed a supervisor that she would not be in for several days because of her illness and was told to call Human Resources on Nov. 28, 2011. When Dillon called, she says she was informed she had been fired for not showing up to work. Dillon is seeking reinstatement and compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-525

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