CIVIL FILINGS: Kanawha County

By Kyla Asbury | Apr 12, 2013

March 25
Emerson Keith Sullivan vs. BBL-Carlton LLC
PA- Mark A. Atkinson, Paul L. Frampton Jr., Robert B. Warner; J- James C. Stucky
* Sullivan was employed by the defendant for approximately 15 years until Aug. 10. He claims the defendant terminated his employment based on his age. Sullivan is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-561

March 26
Kimberly R. Taylor vs. D.L.C. Pizza Inc. d/b/a Little Caesars Pizza; Marshall Rentals WV LLC; Little Caesar Enterprises Inc.; and John Doe Contractors
PA- Robert D. Cline Jr., Robert A. Campbell, Letisha R. Bika; J- James C. Stucky
* On May 6, 2011, Taylor says she was at the Little Caesar's restaurant in South Charleston and was exiting the building while carrying pizzas when she tripped and fell, causing severe injuries. Taylor is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-568

Michael Debellis vs. Racing Corporation of West Virginia d/b/a Mardi Gras Casino & Resort
PA- J. Timothy DiPiero, Olubunmi T. Kusimo-Frazier; J- Tod J. Kaufman
* On July 21, 2011, Debellis says he was staying at the defendant's hotel and was outside of the hotel in a poorly lit area when he fell over a wall approximately six feet and was injured. Debellis is seeking compensatory damages.
Case number: 13-C-572

March 29
Constance M. Blessing vs. the Supreme Court of Appeals of West Virginia; Brent D. Benjamin, in his capacity as Chief Justice; the West Virginia State Bar; and Anita R. Casey, in her capacity as Executive Director
PA- Richard A. Robb; J- James C. Stucky
* Blessing says she was employed as the executive assistant of the West Virginia State Bar for more than 25 years until she was forced to resign on Feb. 28, 2011. Blessing is seeking damages for loss of employment income and benefits in an amount no less than $200,000 and punitive damages with pre- and post-judgment interest.
Case number: 13-C-597

Wilmer A. Arias and Kelly S. Arias vs. Virco Inc.
PA- Kevin B. Burgess, Steven R. Broadwater Jr.; J- James C. Stucky
* Wilmer Arias was employed by Virco. On Sept. 29, he was injured when another employee was cutting timber and he was struck by a portion of a falling tree, he says. The plaintiffs claim the defendant failed to provide a safe working environment. The Ariases are seeking compensatory and punitive damages.
Case number: 13-C-598

April 1
Kelli Ward, Kathleen Hancock, Erica Johnson and Mary Robinson vs. Rory Smith; Shorest LLC; Shorest 1423 LLC; Shorest 1101 LLC; and R&D Foods Inc.
PA- David R. Barney Jr., John W. Alderman III; J- James C. Stucky, Jennifer Bailey, Tod J. Kaufman, Carrie Webster
* The plaintiffs claim while they were employed by the defendants, they were sexually harassed by Bobby Moss. They claim the defendants were aware of the harassment and failed to remedy the situation. The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-610, 13-C-611, 13-C-612, 13-C-613

April 4
Charles Treadway vs. Alpha Appalachian Services Inc. and Spartan Mining Company
PA- Kristina Thomas Whiteaker, David L. Grubb; J- Carrie Webster
* Treadway was employed by the defendants. He claims he was wrongfully discharged due to his age and in retaliation for complaining about dangerous working conditions. Treadway is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-627

Jane Anderson, Cheryl Atkins, Gina Bukovisnky, Thomas Burchfield, Mickie Burrows, Nancy Collins, Mary Cook, Brittany Cullen, Dawn Cullen, Richard Tench, Nanette Sloan, Dorothy Sheely, Eric Sayre, Roger Runion, Susan Reed, Christopher Pack, Micah Mullenax, Nasim Molavi, Alexander Mallo II, Brooke Lacy, Jerry Early, Zane Jude and Cheryl Hilliard vs. Arc of the Three Rivers Inc.
PA- Samuel F. Hanna; J- Louis H. Bloom, Paul Zakaib Jr., Jennifer Bailey, Carrie Webster, Charles E. King, James C. Stucky
* The 23 plaintiffs claim during their employment they were paid every two weeks. However, by letter dated Jan. 29, 2010, for employees opting to have direct deposit, the payday was moved from April 9, 2010, to April 16, 2010, for the pay period of March 22, 2010, to April 4, 2010, they say. They claim the defendant violated West Virginia code and caused them to suffer a loss of income. The plaintiffs are seeking compensatory and punitive damages.
Case number: 13-C-629, 13-C-631, 13-C-632, 13-C-633, 13-C-634, 13-C-635, 13-C-636, 13-C-637, 13-C-638, 13-C-640, 13-C-642, 13-C-643, 13-C-644, 13-C-645, 13-C-647, 13-C-648, 13-C-649, 13-C-650, 13-C-651, 13-C-652, 13-C-653, 13-C-654, 13-C-655

Roger F. Holt vs. West Virginia-American Water Company
PA- John H. Tinney, Wesley M. Jarrell II; J- James C. Stucky
* In December 2009, Holt received a bill from American Water totaling $5,136.91 and contacted American Water and the Public Service Commission of West Virginia of the bill, which he believed to be erroneous. From December 2009 through November 2010, American Water billed Holt for his regular usage and for additional flow occasioned by three leaks and Holt paid for his regular usage only, he says. Holt claims the defendant engaged in unfair or deceptive acts or practices against him. Holt is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-656

Linda Bouvette vs. American Water Works Service Company Inc.; American Water Works Company Inc.; West Virginia-American Water Company; and Jeff McIntyre
PA- Mark A. Atkinson; J- Charles E. King
* Bouvette was employed by the defendants for approximately five years. She claims her employment was wrongfully terminated because of her age. Bouvette is seeking compensatory and punitive damages with pre-judgment interest.
Case number: 13-C-657

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