CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Apr. 5, 2013, 7:40am

March 21
Timothy Huff and Karen Huff vs. Carrier Corporation; Noah Balser LLC d/b/a the Appliance Guy; and Noah Balser, an individual
PA- D. Christopher Hedges, Kristina Thomas Whiteaker, David L. Grubb; J- Jennifer Bailey
* In March 2011, the Huffs entered into a contract with the defendants to provide and install two Carrier Infinity heat pumps, an air handler and associated heating and cooling equipment for their home. They claim they had to call and arrange for the defendants to return to their home for repair attempts at least 10 times within an eight-month period, and after 10 times, the defendants failed to repair the appliances. The Huffs are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-538

Sheila Brown, individually and as administratrix of the Estate of Cecile Brown vs. Hong-Kin Ng, M.D.; and Hospital Development Co. d/b/a Roane General Hospital
PA- Frank Venezia, Benjamin M. Mishoe; J- James C. Stucky
* On Nov. 9, 2011, Ng performed gall bladder surgery on Cecile Brown at Roane General. Sheila Brown claims Ng ordered Toradol for Cecile Brown during the course of the treatment, which should not have been used. Sheila Brown brought Cecile Brown back to Roane General that evening and when she began to have problems and at approximately 2:15 a.m., Cecile Brown died as a result of post-operative bleeding. Sheila Brown is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-539

Shaun Mullins vs. Coal River Mining LLC
PA- Lia DiTrapano Fairless, L. Tom Price; J- Charles E. King
* Mullins was employed by the defendant from Jan. 3, 2009, until Nov. 14. He claims his employment was terminated in violation of West Virginia Code. Mullins is seeking reinstatement; front pay and back pay; and compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-541

Judy Wyatt vs. Ahmad Bali, M.D.
PA- Tony L. O'Dell, Brent K. Kesner; J- Charles E. King
* Beginning in Fall 2010, Wyatt began treatment with Bali for symptoms associated with her recurrent hiatal hernia. Wyatt claims Bali failed to complete appropriate pre-operative testing and an appropriate pre-operative assessment and during her surgery on Feb. 14, 2011, Bali perforated her bowel. Wyatt is seeking compensatory and punitive damages.
Case number: 13-C-548

March 22
Ernest Smith vs. Country Inns & Suites by Carlson Inc. and Plaza Management LLC
PA- Scott H. Kaminski; J- Carrie Webster
* On Dec. 9, after entering the side entrance of the Country Inn & Suites in Elkview, Smith stepped onto a wet floor and fell. Smith is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-551

McMillion Research Services LLC vs. Middleton Market Research LLC
PA- Webster J. Arceneaux III, Spencer D. Elliott; J- Louis H. Bloom
* McMillion provided polling-related services to the defendant with respect to various elections in Fall 2012. McMillion claims the defendant has failed to pay the balance due on its account. McMillion is seeking judgment in the amount of $71,960 with pre- and post-judgment interest.
Case number: 13-C-552

March 27
Carol Hays vs. Bank of America, N.A.; Michelle Harda; Great American Title Inc.; Fidelity and Deposit Company of Maryland; Washington International Insurance Company; Larry L. Lemley Jr.; and Loren Banks
PA- Daniel F. Hedges, Colten L. Fleu; J- Paul Zakaib Jr.
* Hays claims the defendants participated in predatory lending practices. Hays is seeking actual damages.
Case number: 13-C-573

Sanford Joe Cook and Joann T. Cook vs. Cequel III Communications LLC and James Beabout
PA- Richard Neely, Michael O. Callaghan; J- Charles E. King
* On Aug. 2, Sanford Cook was dispatched to a home in Clendenin for the purpose of repairing telephone, television and Internet services to the owner of the home. Despite the fact that the job required two people, Beabout told Sanford Cook to do the job without a second technician, according to the suit, and while he was attempting to perform the job, he slipped on the wet ground and fell, which caused him injuries. The Cooks are seeking actual damages in the amount of $1,242,000 for lost wages and lost future earnings; $850,000 for loss of past and future enjoyment of life; $500,000 for pain and suffering' and $500,000 for loss of consortium.
Case number: 13-C-576

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