CIVIL FILINGS: Kanawha County

By Kyla Asbury | May 17, 2013

April 15

April 15
Katelyn McKensie Campbell vs. George Aulenbacher, individually and in his official capacity as principal of George Washington High School; Ronald Duerring, in his official capacity as superintendent of Kanawha County Schools; and Kanawha County Schools
PA- Michael O. Callaghan, Richard F. Neely; J- Louis H. Bloom
* In 2011, the Kanawha County Board of Education directed the use of the curriculum "Reducing the Risk," which is a 16-week, one hour per week course on comprehensive reproductive health education to be used in the school setting and GWHS has failed to implement the curriculum into its health education curriculum. Aulenbacher requested an abstinence-only program and the mandatory assembly presented on April 9. Campbell claims Aulenbacher threatened her in retaliation for her exercising her constitutional right to free speech. She was seeking for the court to enter a preliminary injunction to prohibit the defendants from retaliating against her, but Bloom denied the request.
Case number: 13-C-723

May 2
Betty Coleman vs. the Kroger Co.; Kroger Limited Partnership I; and KRCP Inc.
PA- G. Patrick Jacobs; J- Louis H. Bloom
* On Dec. 8, 2011, Coleman was at Kroger in St. Albans when she slipped and fell in the defendants' store. Coleman is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-857

May 3
Margaret Lorraine Hugle, as administratrix of the Estate of Donald Hugle vs. Grumpy's Grille LLC and Jeffrey T. Kemp
PA- Scott H. Kaminski; J- Jennifer Bailey
* On Sept. 21, Donald Hugle was a patron at Grumpy's where he was over-served alcoholic beverages and Grumpy's failed to monitor Hugle, allowing him to leave Grumpy's by foot with an alcoholic beverage when he was struck by Kemp on U.S. 60 just outside Grumpy's, the suit says. The injuries Donald Hugle sustained led to his death on Sept. 22, the suit says. Margartet Hugle is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-863

May 6
Tiffany Garrison vs. Genesis Healthcare LLC; Sunbridge Care Enterprises Inc.; Sunbridge Mountain Care Management Inc.; 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., Amy J. Quezon; J- Carrie Webster
* Garrison was a resident of the defendants from Dec. 16, 2010, until July 27, 2011. She claims she suffered personal injuries and damages during her residency. Garrison is seeking compensatory and punitive damages.
Case number: 13-C-877

Gerald C. Boggs vs. United Dairy Inc. and John Duty
PA- Matthew S. Criswell, Mark L. French, Steven M. Condaras; J- Paul Zakaib Jr.
* Boggs was employed by United Dairy until he was discriminated against based upon his age when he was discharged from his employment in violation of the West Virginia Human Rights Act, the suit says. Duty was United Dairy's general manager. Boggs is seeking backpay and reinstatement; compensatory and punitive damages; and pre- and post-judgment interest.
Case number: 13-C-882

May 7
Carla L. Persinger and Billy R. Persinger vs. Hibachi of Southridge Inc. d/b/a Hibachi Japanese Steakhouse
PA- Barry L. Bruce, Christine Stump, Jesseca Church; J- Louis H. Bloom
* On May 9, 2011, Carla Persinger allegedly slipped on a substance believed to be cooking oil/grease that was on the floor and caused her injuries. The Persingers are seeking compensatory damages.
Case number: 13-C-893

May 8
Nicholas Evans and Brittany Evans vs. Arbutus Beaver; McDonald's USA LLC; McDonald's Corporation; and McDonald's Restaurants of West Virginia Inc.
PA- Robert D. Cline Jr., Brian E. Bigelow; J- James C. Stucky
* On June 20, 2011, Brittany Evans was operating a 2011 Toyota Corolla and was traveling southbound on Interstate 77 with Nicholas Evans as a passenger. They claim Beaver' who was operating a 2008 Ford Taurus owned by McDonald's struck their vehicle in the rear and caused them injuries. The Evanses are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-905

Rachel E. Perry vs. Charleston Area Medical Center Inc.
PA- Richard W. Walters, Frank J. Venezia; J- James C. Stucky
* Perry was employed by CAMC as a registered nurse. She claims she was discriminated against because of her disability when her employment was terminated. Perry is seeking compensatory and punitive damages with pre-judgment interest.
Case number: 13-C-906

May 9
Beverly A. Chafin vs. Nail Time Inc.; Lan Quoc Tran; and John Doe
PA- Robert D. Cline Jr., Robert A. Campbell, Jennifer D. Roush; J- Paul Zakaib Jr.
* On June 10, 2011, Chafin went to Nail Time to receive a manicure and pedicure and Tran and/or Doe performed her pedicure. She claims the defendants cut her during the pedicure. Chafin is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-914

Lisa D. Jenkins, individually and on behalf of those similarly situated vs. Prima Marketing LLC d/b/a Prima 7-11 #5722 and Prima 7-11; 7-Eleven Inc. d/b/a 7-Eleven and 7-Eleven 35901-35969; and 7-Eleven Sales Corporation
PA- Todd S. Bailess, Joy B. Mega, Rodney A. Smith, Jonathan R. Marshall; J- Carrie Webster
* Jenkins was employed by the defendants. She claims the defendants failed to pay her final wages within 72 hours of discharge. Jenkins is seeking compensatory damages and injunctive relief.
Case number: 13-C-919

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