CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Jun. 28, 2013, 8:00am

June 5
Vinard J. Lawson and Lois A. Lawson vs. New River Gorge Motorsports LLC d/b/a New River Gorge Harley-Davidson; Harley-Davidson of West Virginia Inc. d/b/a Harley-Davidson Motor Company Inc.
PA- Marvin W. Masters, Christopher L. Brinkley; J- Jennifer Bailey
* On July 16, 2011, the Lawsons purchased a 2007 Harley Davidson motorcycle from the defendants. On Aug. 20, 2011, the Lawsons were riding the motorcycle on Highway 19 near Fayetteville when the motorcycle malfunctioned and caused them injuries, they say. The Lawsons are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-1079

Brian Speir vs. Remington Arms Company Inc.; Remington Arms Company LLC; and Hornady Manufacturing Company
PA- Marvin W. Masters, Paula L. Wilson, Charles M. Love IV; J- James C. Stucky
* On Nov. 3, 2011, Speir was sighting in his Remington Model 597 Magnum semi-automatic rifle at his residence in Mineral County and was using Horady ammunition. Upon his attempt to fire a second round of ammunition, the magazine housing the bullet blew out of the bottom of the gun, causing him serious injuries to his hand, he says. Speir is seeking compensatory damages.
Case number: 13-C-1086

Thomas Moseley, as person representative of the Estate of Macie Faye Moseley, deceased vs. West Virginia Department of Health and Human Resources d/b/a Jackie Withrow Hospital
PA- Andrew L. Paternostro, Sprague W. Hazard; J- Paul Zakaib Jr.
* Macie Moseley was a nursing home resident of the defendants from June 29, 2005, until June 3. Thomas Moseley claims the defendant negligently cared for his mother. Thomas Moseley is seeking compensatory damages.
Case number: 13-C-1088

Patricia Green and William Green vs. Thomas Memorial Hospital Foundation Inc.
PA- Michael L. Glasser; J- Tod J. Kaufman
* On June 8, 2011, Patricia Green was exiting a side entrance to the defendant's medical building and was proceeding onto the sidewalk when she allegedly tripped and fell. The Greens are seeking compensatory damages.
Case number: 13-C-1090

June 6
David Ragonese vs. Racing Corporation of West Virginia d/b/a Mardi Gras Casino & Resort
PA- Richard Weston, Connor Robertson; J- Paul Zakaib Jr.
* On July 6, 2011, Ragonese was at Mardi Gras Casino when he allegedly walked off a retaining wall ledge and fell approximately six feet onto the asphalt and concrete below. Ragonese is seeking compensatory damages.
Case number: 13-C-1092

Alexandria J. Kincaid vs. Maheep Goyal, M.D.; U.S. Teleradiology LLC; and Kenneth Dwyer, M.D.
PA- Tony L. O'Dell; J- Carrie Webster
* Kincaid presented to Montgomery General Hospital emergency department on Aug. 13 with acute abdominal pain and other symptoms and signs consistent with an abdominal complication and a CT scan was performed. The following day it was discovered her CT scan had been misread and Kincaid was contacted and advised to return to the emergency department, she says. Kincaid claims she opted to go to Charleston Area Medical Center instead of Montgomery and was diagnosed with appendicitis. By the time she underwent surgery, she says she had an infection and abscess and was hospitalized until Aug. 29. Kincaid is seeking compensatory damages.
Case number: 13-C-1093
June 7
Evelyn J. Allen, administratrix of the Estate of Thomas Allen vs. Edward D. Wright, M.D.
PA- Richard D. Lindsay, Richard D. Lindsay II; J- Carrie Webster
* On Jan. 11, at approximately 9:23 a.m., Thomas Allen was seen in the Emergency Room of Charleston Area Medical Center, complaining of a sore throat, congestion and post-nasal drainage and discharge. He returned to the Emergency Room of CAMC later that day at 3:38 p.m. complaining that he could not swallow and an x-ray of the neck was ordered, which showed a throat abscess or edema. Intubation was attempted at 5:37 p.m. and an emergent criothyroidotomy was attempted, but failed. Thomas Allen was pronounced dead at 6:25 p.m. Evelyn Allen is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-1096

June 10
Danny Lee Cecil vs. Selah Corporation and Clayton Cline
PA- Mark A. Atkinson; J- Carrie Webster
* Cecil was employed for approximately 3.5 years with the defendants until May 4. He claims his employment was wrongfully terminated in whole or in part because of his disability and/or perceived disability. Cecil is seeking compensatory and punitive damages with pre-judgment interest.
Case number: 13-C-1110

June 12
James M. Copley vs. West Virginia Department of Transportation-Division of Highways; Caleb Bourgeois; and John Doe
PA- Robert D. Cline Jr., Robert A. Campbell, Letisha R. Bika; J- James C. Stucky
* On July 5, 2011, Copley was operating a vehicle on W.Va. 47 in Wood County when Bourgeois, an employee of WVDOT, allegedly turned across Copley's lane of travel while attempting to make a left turn, and caused a collision. Copley is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-1124

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