CIVIL FILINGS: Kanawha County

By Kyla Asbury | May 30, 2013

May 10
Kenneth Joseph Morris and Dortha Jane Morris vs. 3M Company; A.W. Chesterton Company; Aurora Pump Company; et al
PA- James A. McKowen; J- visiting
* Kenneth Morris was diagnosed with lung cancer on Sept. 12, 2011, and asbestosis on April 30. The plaintiffs claim the 48 defendants are responsible for the lung injuries. The plaintiffs are seeking a jury trial to resolve all issues involved.
Case number: 13-C-924

Michael D. McDermott vs. LTD Financial Services LP
PA- Daniel F. Hedges; J- James C. Stucky
* On July 28, 2011, LTF sent McDermott a collection letter, claiming he owed $26,699.19 to United Guaranty Residential. On Aug. 12, 2011, his attorney sent LTD a letter disputing the debt and requesting any and all records to verify the debt and justify the collection action. After this letter, the defendant allegedly continued to attempt to contact McDermott by telephone and by mail. McDermott is seeking compensatory damages and civil penalties.
Case number: 13-C-927

May 13
Charles M. Fletcher vs. Bar 101 LLC d/b/a Ichiban Pan Asian Cuisine and S. Scott Miller
PA- Richard W. Walters; J- Louis H. Bloom
* Fletcher was employed by Bar 101 for more than 15 years as a handyman until October. He claims the defendants violated the West Virginia Wage Payment and Collection Act and the Fair Labor Standards Act. Fletcher is seeking compensatory and punitive damages with pre-judgment interest.
Case number: 13-C-930

May 17
Frank B. Harrison and Deborah D. Harrison, husband and wife, and Gillian L. Economou vs. the Velotta Company and Safety Caution Equipment Co.
PA- Stephen B. Farmer, Robert A. Campbell, R. Chad Duffield, William F. Byrne; J- Louis H. Bloom
* On April 12, 2012, the plaintiffs' vehicle was traveling southbound on U.S. 19 in or around the construction zone near the Pax Avenue Bridge. As a result of the defendants’ careless, negligent, willful, wanton and/or reckless design and construction of the construction zone and temporary traffic control plan implemented, Randy Lipord, who was operating a tractor-trailer, lost control of the vehicle, crossed the median, and violently collided with the plaintiffs' vehicle, the suit says. The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-976

May 20
Ralph H. Meadows and Jennifer D. Meadows vs. West Virginia Insurance Company
PA-Christopher J. Heavens, William A. McCourt Jr. ; J- Paul Zakaib Jr.
* On Oct. 30, Super Storm Sandy damaged the Meadows' residence. They claim WVIC denied their claim for damages and breached its contract with them. The plaintiffs are seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-982

Mary Beth Slater vs. Bath & Body Works LLC; Deborah Dearing; and Glenda Sagoos
PA- Gene W. Bailey II, Raj A. Shah; J- James C. Stucky
* Slater was employed by the defendants from February 1998 until March 15. She claims her employment was terminated based on her age. Slater is seeking compensatory and punitive damages.
Case number: 13-C-987

William P. Jarrell and Dianna Jarrell vs. Charleston Area Medical Center Inc. and Sandra Elliott, M.D.
PA- Kelly Elswick-Hall; J- James C. Stucky
* Between April 6, 2011, and April 13, 2011, the defendants deviated from the applicable standard of care and caused William Jarrell to sustain injuries, the suit says. The Jarrells are seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-989

May 21
Debra Richardson, as personal representative of the Estate of Juanita Spears vs. Rebound LLC d/b/a HealthSouth Rehabilitation Hospital of Huntington; HealthSouth Corporation; and Mike Zuliani, CEO
PA- Andrew L. Paternostro, Sprague W. Hazard, Jeff D. Stewart; J- James C. Stucky
* Spears was admitted to HealthSouth from Dec. 20, 2011, until Dec. 27, 2011, for the purposes of rehabilitation. Richardson claims during her admission, the defendants failed to provide Spears with the necessary care and services to decrease her risk of falls; failed to provide supervision during care; failed to implement appropriate interventions according to her safety issues prior to admission; and failed to document the usage of bed and chair alarms, among other things. Richardson is seeking compensatory and punitive damages.
Case number: 13-C-1000

May 22
Barbara Russell vs. Lou Wendell Marine and James B. Carrier
PA- Damon L. Ellis; J- Louis H. Bloom
* Russell was at Lou Wendell Marine on a boat owned by Carrier on June 21, 2011, and was descending the boat's ladder into the Kanawha River went she was shocked by a live current that was presented in the water either due to an electrical issue with the boat or a deficient electrical system on the dock, she says. Russell is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-1008

Kenneth W. Myers and Lisa Myers vs. Qualawash Holdings LLC and Ron Baker
PA- Jonathan R. Mani, Damon L. Ellis; J- Jennifer Bailey
* On Oct. 12, Kenneth Myers was a laborer employed by Veolia Industrial Services Inc. and was performing industrial cleaning on Qualawash's facility in Institute when he stepped into a sluice filled with a toxic sludge containing sulfuric acid and was injured, he says. The plaintiffs are seeking compensatory and punitive damages.
Case number: 13-C-1009

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