CIVIL FILINGS: Kanawha County

by Kyla Asbury |
May 10, 2013, 7:05am

April 22
David Leroy Estes and Salvajean J. Estes vs. 3M Company; 4520 Corporation Inc.; and A.W. Chesterton Company; et al
PA- James A. McKowen; J- visiting
* The Esteses claim the 69 defendants are responsible for David Estes' asbestosis and pleural plaques, with which he was diagnosed on Oct. 25, 2011. The plaintiffs are seeking a jury trial to resolve all issues involved.
Case number: 13-C-767

Jimmie Elliott Epling Sr. and Ernestine Epling vs. 3M Company; A.W. Chesterton Company; and Bucyrus International Inc.; et al
PA- James A. McKowen; J- visiting
* The Eplings claim the 56 defendants are responsible for Jimmie Epling's mesothelioma. They are seeking a jury trial to resolve all issues involved.
Case number: 13-C-768

Lisa Hill vs. Cedar Trucking Company Inc.
PA- Lia DiTrapano Fairless, L. Tom Price; J- Jennifer Bailey
* On April 1, 2011, Hill, who was employed by Cedar, was involved in a motor vehicle collision at work and was injured, she says. Hill claims after filing a Workers' Compensation claim for benefits, the defendant terminated her employment. Hill is seeking compensatory and punitive damages.
Case number: 13-C-776

April 23
Jimeka A. Straughter vs. SecureOne LLC
PA- J. Michael Ranson, Cynthia M. Ranson, G. Patrick Jacobs; J- James C. Stucky
* Straughter was employed by SecureOne from Dec. 11 until Dec. 27. She claims the defendant failed to pay her final wages in a timely manner. Straughter is seeking compensatory and liquidated damages.
Case number: 13-C-787

April 24
Tammy Harper vs. D. Scot Jackson and Dream Catcher Creative LLC
PA- Vaughn T. Sizemore; J- Carrie Webster
* On Jan. 1, 2008, Harper and Jackson began engaging in an extra-marital relationship and in February 2008, at the urging of Jackson, Harper quit her employment and came to work for the defendants. Harper claims Jackson promised if the affair ended, she would not lose her job, as she was being hired for her job abilities and not the relationship. However, when the affair ended, Harper was laid off from her employment, she claims. Harper is seeking back pay, front pay and compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-791

April 29
Sean J. Burke vs. Vitran Express Inc.
PA- L. Tom Price; J- Carrie Webster
* Burke was employed by Vitran. He claims when his employment was terminated in November, the defendants failed to pay his final wages in a timely manner. Burke is seeking compensatory and liquidated damages with pre- and post-judgment interest.
Case number: 13-C-825

John B. Kenyon and Peggy E. Kenyon vs. 3M Company; 4520 Corporation Inc.; A.W. Chesterton Company; et al
PA- James A. McKowen; J- visiting
* John Kenyon was diagnosed with bilateral pleural plaques on May 11, 2011, he says. The Kenyons claim the 67 defendants caused the lung injury. The Kenyons are seeking a jury trial to resolve all issues involved.
Case number: 13-C-831

May 1
Sue Ellen Halstead vs. Par Mar License Holding Company and Par Mar Oil Company Inc.
PA- Bronwyn I. Rinehart; J- Carrie Webster
* On July 29, Halstead was exiting the Par Mar gas station in St. Albans when she tripped on a floor mat and fractured her ankle, she says. Halstead is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-844

Betty Joanne Bailey vs. Michael Gray Nunley, M.D.
PA- Matthew C. Lindsay, Richard D. Lindsay; J- Jennifer Bailey
* On May 8, 2012, Bailey presented to Nunley with complaints of headache and blurred vision and was diagnosed with visual migraines, even though she did not have a history of migraines, she says. On May 17, she presented to Charleston Area Medical Center with complaints of blindness in both eyes and a four-day severe headache that began behind her right eye and temple and was diagnosed with temporal arteritis, she says. Bailey's blindness is permanent and she claims Nunley's delay in correctly diagnosing her caused her blindness. Bailey is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-845

Morgan Conley vs. Con-way Freight Inc.
PA- Stephen B. Farmer, Matthew H. Nelson; J- James C. Stucky
* Conley was employed by Con-way as a part-time fork lift operator in May 2011 and was promoted to full-time in February 2012, he says. On July 28, Conley was involved in a workplace accident when the fork lift he was operating fell over the edge of a leading bay, he says. Conley claims he was placed on a medical leave of absence as a result of the injuries he sustained in the accident and was released to return to work on Oct. 8. On that same day, his employment was terminated, he says. Conley is seeking compensatory and punitive damages and reinstatement.
Case number: 13-C-846

May 2
Grayling D. Workman vs. Blackwell Construction Company LLC
PA- Frank Venezia, Benjamin M. Mishoe; J- James C. Stucky
* On Jan. 26, 2012, Workman and other Blackwell employees were ordered to construct a structure without the use of properly anchored reinforcing rod and without allowing the cement wall to properly cure before pouring concrete inside the structure, he says. Workman claims he was injured when the concrete that was not fully dried exploded and landed on him. Workman is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-847

Melissa Hacker vs. RJ Recycling LLC
PA- Todd S. Bailess, Joy B. Mega; J- Tod J. Kaufman
* Hacker was employed by RJ until Aug. 27. She claims RJ failed to pay her final wages in a timely manner. Hacker is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-851

Nicholas C. Nguyen vs. West Virginia Department of Transportation-Division of Highways
PA- Todd S. Bailess, Joy B. Mega, Raymond R. Lovejoy; J- Carrie Webster
* Nguyen was employed by the defendant as a chemist from Oct. 16, 1991, until May 16, 2012. He claims the defendant failed to pay his final wages in a timely manner. Nguyen is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-853

Leigh Francis Taylor vs. WeCare Medical LLC; James Blankenship; and Oley J. Burgess III
PA- Stephen B. Farmer, Matthew H. Nelson; J- Louis H. Bloom
* In September, Taylor accepted employment with WeCare. After accepting employment, she says she learned that she was pregnant with her first child and a few weeks later, she informed Blankenship. On Nov. 28, Blankenship removed her from her assigned territories and referenced her pregnancy and maternity leave as the reason for his actions, the suit says. On Jan. 3, Blankenship terminated Taylor's employment and referenced her pregnancy and possible maternity leave during the meeting, the suit says. Taylor claims her termination was not based on performance issues and was done so because of her pregnancy. Taylor is seeking compensatory and punitive damages.
Case number: 13-C-855

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