CIVIL FILINGS: Cabell County

May 17
Paula Bench and Marvin S. Bench vs. Michael R. Spindel, M.D.; and St. Mary's Medical Center
PA- Susan J. Van Zant; J- F. Jane Hustead
* Spindel performed a breast augmentation surgery on Paula Bench on Feb. 4, 2010, and performed a corrective surgery on May 25, 2010. Spindel failed to inform Paula Bench that he severed the chest wall muscle during her surgery, the suit says. The Benches are seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-335

Kendra Edwards vs. Brenda D. Martin and W.R. Harbour Place
PA- Todd S. Bailess, Joy B. Mega; J- David M. Pancake
* Edwards was employed by the defendants as a daytime cook until her employment was terminated on Oct. 19. She claims the defendants failed to pay her final wages in a timely manner. Edwards is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-340

May 20
James Holley and Camella Holley vs. Derek W. Marsteller
PA- Larry O. Ford; J- David M. Pancake
* James Holley was involved in a car accident in 2004 and became a patient of Dr. Anita Dawson, who operated a pain clinic. Dawson prescribed James Holley various pain medication in excess of therapeutic levels and he became addicted to them. The plaintiffs employed Marsteller to represent them against Dawson. Marsteller was negligent in his representation of the Holleys by allowing the statute of limitations to expire prior to filing the lawsuit, they claim. The Holleys are seeking compensatory damages.
Case number: 13-C-344

May 21
Service Glass Inc. vs. Carl Wray r., Gretchen Wray and Structures Inc.
PA- W. Michael Frazier; J- F. Jane Hustead
* The defendants purchased various items on credit in October from Service Glass. The plaintiff claims the defendants have failed and refused to pay for the materials and for labor. Service Glass is seeking judgment in the amount of $83,361 with interest.
Case number: 13-C-346

Sharon Smith vs. St. Mary's Medical Center
PA- Jeff C. Woods; J- David M. Pancake
* Smith was employed by St. Mary's as a licensed practical nurse. She claims St. Mary's discriminated against her because of her age and gender. Smith is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-347

May 23
Margaret McMillan vs. the Cabell County Commission and the City of Huntington
PA- G. Patrick Jacobs; J- Paul T. Farrell
* On June 3, 2011, McMillan was returning to her vehicle after visiting the Cabell County Courthouse and was walking on the sidewalk when she allegedly fell as a result of uneven pavement. McMillan is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-356