CIVIL FILINGS: Cabell County

April 8
Oscar Varney vs. Norfolk Southern Railway Company
PA- Robert F. Daley, D. Aaron Rihn; J- F. Jane Hustead
* Varney was employed by Norfolk from 1974 until 2011 and says he subjected to significant amounts of occupational exposures to herbicides, pesticides, diesel fuel, diesel exhaust, ereosote, wood preservatives and other deleterious substances. Varney claims the defendant's negligence caused or contributed to his development of non-Hodgkin's Lymphoma. Varney is seeking compensatory damages.
Case number: 13-C-232

April 10
Nicholas Fetty, administrator of the Estate of Gary Lee Fetty, deceased vs. St. Mary's Medical Center Inc.; D. Grant Shy, D.O.; and Cardiac Anesthesia Plus Inc.
PA- William A. Davis; J- Paul T. Farrell
* Gary Fetty was admitted to St. Mary's on March 3, 2011, for purposes of undergoing a surgical procedure consisting of coronary artery bypass grafting and aortic valve replacement. Nicholas Fetty claims the defendants failed to appropriately follow St. Mary's Open Heart Recovery Room Ventilator Weaning Protocol in prematurely extubating Gary Fetty and in failing to re-establish his airway in a timely fashion, which caused Gary Fetty's death. Nicholas Fetty is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-235