CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Aug. 30, 2013, 7:00am

Aug. 9
Steven R. Adkins vs. Development Services Inc.
PA- Robert H. Miller II, Shawn R. Romano; J- James C. Stucky
* Adkins was employed by the defendant as a heavy equipment operator. He claims on Jan. 3, 2012, he was operating a bulldozer when he fell approximately six feet and struck the ground. Adkins is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-1514

Michael McKinney vs. Express Services Inc.; American Electric Power Company Inc.; Appalachian Power Company; and William G. Webb
PA- Robert B. Warner, Lynnette Simon Marshall; J- Paul Zakaib Jr.
* On Aug. 11, 2011, McKinney was employed by Express to work as a laborer and while he was reaching the fourth floor landing, he fell approximately 50 feet to the ground, he says. McKinney is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-1515

Kelly L. McCoy vs. Atrium TRS V LLC d/b/a Embassy Suites; Security America Inc.; and Larry Peck
PA- James K. Tinney, John K. Cecil; J- Carrie Webster
* On April 30, 2012, McCoy traveled to Charleston to attend a conference so she could accumulate sufficient hours of continuing education to maintain her license as a clinician. She claims she chose to stay at Embassy Suites and, despite the expense of the hotel, Embassy did not furnish a safe in her room and she was not given the option of leaving any valuables with the front desk in the hotel safe. Peck wrongfully entered her room multiple times and stole her wedding ring, her mother's wedding ring, $50 and her prescribed pain medication, the suit says. McCoy is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-1523

Aug. 12
Andrew Dale Richardson vs. Sharp #4502 Inc. d/b/a IHOP Restaurant #4502; and Sharp Holding Inc. d/b/a IHOP Restaurant #4502
PA- John R. Mitchell; J- Carrie Webster
* On Aug. 27, 2011, Richardson went to the defendants' restaurant, and was attempting to sit in his seat when the spring in the seat poked through the duct tape and scratched and punctured his upper right leg, he says. Richardson is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-1533

Judy M. Gentry vs. Penny Divita, D.O.; Tara Noel Young-Hodge, P.N.P.; New Century Emergency Physicians of West Virginia Inc.; and Charleston Area Medical Center Inc.
PA- R. Dean Hartley, Mark R. Staun, Scott S. Segal; J- Charles E. King
* Gentry had Stage III ovarian cancer and presented to CAMC on Nov. 6, 2011, where she complained of intense foot pain. She claims she was discharged and sent home with Ultram for the pain. Gentry claims her right foot became gangrenous to the point where on Jan. 9, 2012, her first and second toes were amputated. Gentry is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-1535

Aug. 13
Donald R Woods vs. Aaron Murphy, Tom Shupe and Crane 1 Services Inc.
PA- Douglas V. Atkins; J- Paul Zakaib Jr.
* In 2003, Woods lost part of his left leg in a motorcycle accident and he underwent vocational rehabilitation through Workforce West Virginia in an effort to return to his former occupation. In August 2011, he applied for a job with Crane, which he did not get. He claims the defendants discriminated against him because of his disability. Woods is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-1540

Aug. 14
Echo Virginia Duncan, individually and as legal guardian of Nile Edsel Duncan, a protected person vs. K-Foods Inc. d/b/a Sav-A-Lot Virginia Street
PA- Brian L. Ooten; J- Jennifer Bailey
* On Aug. 18, 2011, Nile Duncan was at Sav-A-Lot and requested and received permission from employees to use the restroom located through two swinging doors and up a set of steps in the store, the suit says. Nile Duncan, while exiting the restroom, allegedly fell on the steps and was injured. Echo Duncan is seeing compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-1544

Joyce E. Minnich, individually and as executrix of the Estate of Andrew A. Minnich vs. MedExpress Urgent Care Inc.-West Virginia d/b/a MedExpress Urgent Care-South Charleston
PA- John H. Tinney Jr., John K. Cecil, Meridith O. Johnstone; J- Charles E. King
* On Jan. 25, Joyce Minnich and Andrew Minnich sought medical care at MedExpress because Andrew Minnich believed he was getting pneumonia. As Andrew Minnich attempted to get on the exam table, he fell back into Joyce Minnich and they both fell to the floor. Joyce Minnich claims her husband died on April 25 as a result of injuries he sustained on Jan. 25. Joyce Minnich is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-1547

Tonie Lynn Tuttle vs. McDonald's Restaurants of West Virginia Inc.
PA- G. Patrick Jacobs; J- Charles E. King
* On Oct. 25, 2011, Tuttle was a customer at McDonald's when she allegedly fell and became injured. Tuttle is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-1548

James Zachariah Clinton Fugate, executor of the Estate of Glenna Sue Fugate vs. Select Specialty Hospital-Charleston Inc. and Hatem Mahmoud Hossino, M.D.
PA- Richard D. Lindsay, Matthew C. Lindsay; J- Charles E. King
* On May 22, 2010, Glenna Fugate was hospitalized at Thomas Memorial Hospital with complaints of acute abdominal pain and on June 25, 2010, she was discharged to Select Specialty for long-term acute care. She died at St. Mary's Medical Center in Huntington on April 23, 2011 and a sponge-like foreign body was found in her body during her autopsy, the suit says. James Fugate is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-1552

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