MOUNDSVILLE – A Moundsville woman says McDonald’s Corp. is to blame for her slipping on a patch of ice.

Susie J. Darrah filed a lawsuit July 21 in Marshall Circuit Court against McDonald’s, stating it is responsible for the “maintenance of the sidewalk to and from the restaurant.”

She says she was walking into the McDonald’s in Moundsville when she slipped on a patch of ice and fell.

As a result, she says she has suffered serious personal injuries like: Medical expenses, loss of income, pain and suffering, mental anguish, the loss of the ability to enjoy life and becoming an increased industrial risk.

She seeks compensatory and punitive damages.

“The Plaintiff’s fall was due to the defendant’s negligence in its failure to maintain the sidewalk,” the complaint says.

Rodney Berry of Moundsville law firm Berry, Kessler, Crutchfield, Taylor and Gordon is representing Darrah, who also seeks court costs.

Judge Mark Karl has been assigned the case.

Marshall Circuit Court case number 06-C-166

July 22
Michelle A. Kelly and Todd Kelly, et al. vs. Richard Phillip Riggle
PA-William J. Ihlenfeld; J-Madden
* The two parties were involved in an auto accident which the Kellys claim was a direct result of Riggle’s carelessness, negligence and recklessness. The Kellys are seeking compensatory damages for property damage and medical expenses as well as other costs and fees.
Case number: 06-C-167

Kenneth A. Hickman and Kathryn Hickman vs. Union Carbide Corporation, The Dow Chemical Company, et al.
PA-Leslie Ann James; J-Karl
* The Hickmans claim asbestos exposure and say the defendants failed to warn them of the risk are liable for the exposure and its health consequences. They are seeking compensatory damages as well as other costs and fees.
Case number: 06-C-168

Bank of America, N.A. vs. Kandace M. Burrall
PA-Paul S. Atkins; J-Madden
* The bank says Burrall owes $11,766.88 on a past due account.
Case number: 06-C-171

Aug. 1
Eric Holliday vs. James David Metz, Jr.
PA-David W. Hummel; J-Karl
* Holliday paid Metz $6,500 in accordance with a contract that Metz then breached. Soon after, Holliday claims Metz tried to harass, defraud, and extort him. He is seeking compensatory damages as well as compensation for other costs and fees.
Case number: 06-C-172

Eric S. Smith and Sharon Smith vs. Trina K. Leslie
PA-James G. Bordas, Jr.; J-Madden
* The two parties were involved in an auto accident which the Smiths claim was a direct result of Leslies’s carelessness, negligence, and recklessness. The Smiths seek compensatory damages to cover property damage and medical expenses.
Case number: 06-C-173

Aug. 2
Richard Aaron Demarco and Holly Demarco vs. Clarence S. Siburt
PA-David A. Jividen; J-Madden
* The two parties were involved in an auto accident which the Demarcos claim was a direct result of Siburt’s carelessness, negligence, and recklessness. The Demarcos seek compensatory damages to cover property damage and medical expenses.
Case number: 06-C-175

Aug. 3
Janet Grose vs. Wirt Isner, deceased
PA-Ronald M. Musser; J-Karl
* Grose has filed a Petition for Release of Medical Records due to the fact that Isner, a grandparent, died without her knowledge of the cause of death or where Isner was to be buried. She claims that it would be very beneficial for the court to release all medical records of Isner.
Case number: 06-C-176

Aug. 7
Lakshmi D. Dove vs. Tom Carney
PA-pro se; J-Karl
* Dove claims Carney failed to perform satisfactory construction work on a property. Among the complaints is that the deck was not finished and is built incorrectly, the wrong insulation was installed in the attic, the siding was not finished, the staircase was not installed and the walls are poorly constructed and not level. Dove seeks compensatory damage of $20,000.
Case number: 06-C-178

Firewater Restoration, Inc. vs. Aaron Powless d/b/a Powless Roofing
PA-Jeffrey W. McCamic; J-Karl
* Powless Roofing owes Firewater $18,523.11 for services rendered. Firewater seeks that amount plus interest, costs and fees.
Case number: 06-C-180

Aug. 8
Debbie L. Swabado vs. The Lincoln Electric Company, Hobart Brothers Company, et al.
PA-Patrick E. McFarland; J-Madden
* Swabado claims the defendants sold products violating industrial safety standards including welding supplies capable of producing fumes containing manganese. These actions have caused serious injuries leading to medical expenses, loss of earnings, pain and suffering, the loss of the ability to enjoy life, among other things. Swabado is seeking compensatory damages as well as compensation for other costs and fees.
Case number: 06-C-181

Marvin Crigger vs. The Lincoln Electric Company, Hobart Brothers Company, et al.
PA-Patrick E. McFarland; J-Karl
* Crigger claims the defendants sold products violating industrial safety standards including welding supplies capable of producing fumes containing manganese. These actions have caused serious injuries leading to medical expenses, loss of earnings, pain and suffering, the loss of the ability to enjoy life, among other things. Crigger is seeking compensatory damages as well as compensation for other costs and fees.
Case number: 06-C-182

Ira A. Arthur vs. The Lincoln Electric Company, Hobart Brothers Company, et al.
PA-Patrick E. McFarland; J-Madden
* Arthur claims the defendants sold products violating industrial safety standards including welding supplies capable of producing fumes containing manganese. These actions have caused serious injuries leading to medical expenses, loss of earnings, pain and suffering, the loss of the ability to enjoy life, among other things. Arthur is seeking compensatory damages as well as compensation for other costs and fees.
Case number: 06-C-183

Jewel A. Holcolm vs. The Lincoln Electric Company, Hobart Brothers Company, et al.
PA-Patrick E. McFarland; J-Karl
* Holcolm claims the defendants sold products violating industrial safety standards including welding supplies capable of producing fumes containing manganese. These actions have caused serious injuries leading to medical expenses, loss of earnings, pain and suffering, the loss of the ability to enjoy life, among other things. Holcolm is seeking compensatory damages as well as compensation for other costs and fees.
Case number: 06-C-184

MOUNDSVILLE – A Moundsville woman says the man contracted to build her deck did not finish it and will not return her phone calls.

Lakshmi Dove filed a lawsuit Aug. 7 in Marshall Circuit Court against Tom Carney, claiming he is in violation of their contract.

“Plaintiff has performed all the stipulations, conditions and agreements required of her under the terms of the contract,” the complaint says. “Defendant has failed and refused, and still fails and refuses, to perform his part of the contract.

“(He) refuses to answer any phone calls, messages left, refuses letters sent through the U.S. Post. I have no way of communicating with him since he will not respond to me in anyway.”

Dove filed the lawsuit herself and lists several problems with the work that was done.

She says the deck is not finished and what was done is not straight.

“There are only a few nails holding the boards down,” she adds.

Also, the front of the deck is only supported by two boards, making it unsafe to walk on.

She alleges that insulation used on an addition that Carney was hired to build is the wrong insulation, the siding is not done, a spiral staircase was not installed, gutters and downspouts were not hung, stovepipes were not installed, the attic did not have enough vents, the wiring was not done correctly, the walls are not straight, the medicine cabinet was not framed in and the facia was done incorrectly.

She says she has been damaged in the amount of $20,000.

Judge Mark Karl has been assigned the case.

Marshall Circuit Court case number 06-C-178

Aug. 11
MBNA America Bank N.A. vs. Curt A. Monto
PA-Christopher J. McCarthy; J-Madden
* Monto owes MBNA a debt on a past due account. MBNA America seeks compensation as an arbitration award on the unpaid sum plus 10 percent interest and other costs and fees.
Case number: 06-C-185

Sept. 5
Donna and Grover Clifford vs. Medical Rehabilitative Services, Lance Tarr, et al.
J- Wilson; PA- Wray V. Voegelin
* After undergoing rotator cuff surgery, Grover Clifford was prescribed post-operative physical therapy. Clifford claims physical therapist Tarr failed to exercise care and skill during his sessions, and thusly suffered severe medical injuries, including a fully torn tendon.
Case number: 06-C-316

Sept 6
City of Wheeling vs. Ronald Bence dba Ohio Valley Properties
J- Gaughan; PA- Rosemary Humway-Warmuth
* The City of Wheeling is requiring Bence complete the demolition and removal of debris from his property which lies within city limits. Bence has been provided with more preparation time than the normal 30-day allotment. Although Bence has hired a contractor, nothing has been done to improve the property which poses public health and safety concerns. Wheeling requests Bence be ordered to remove debris and compensate the city for costs and attorney fees.
Case number: 06-C-319

Sept. 7
Leslie Scott vs. Mountain State Blue Cross and Blue Shield
J-Mazzone; PA- Ronald Zavolta, Esq.
* Scott, an employee of MSBCBS, had racial slurs directed to her from fellow employee Natalie Driscol. The complaint says Driscol was fired but continued to harass Scott through agents, management and representatives who were aware the problem had been occurring for five to six months. Scott claims she was later unfairly stripped of her job despite being in compliance with all company demands and expectations.
Case number: 06-C-320

Susan and Douglas McAfee vs. Ohio Valley Medical Center, Otis Elevator Co. and John Doe 1-3
J-Gaughan; PA- Robert Fitzsimmons
* John Doe 1-3 had contracted with OVMC and/or Otis to maintain elevators within the hospital. McAfee, an employee of OVMC within the hospital, was struck by what she claims to be a faulty elevator door when it closed too early. McAfee claims the elevators were not safely maintained, and she suffered extensive injuries and hospital bills totaling over $117,198.83.
Case number: 06-C-322

Absure Tower Inc. vs. American Income Life Co.
J-Wilson; PA-David J. Sims
* AIL agreed to rent office space for $400 per month from Absure. Absure made minor repairs to the building for it to be ready by the date specified in the contract. After repairs were completed, AIL informed Absure it would be renting the space despite the contractual agreement. Absure Tower seeks $5,756.80 along with pre- and post-judgment interest as well as court costs and attorney fees.
Case number: 06-C-323

MOUNDSVILLE – Marshall County attorney David Hummel Jr. has filed to run for Circuit Judge in the Second Judicial Circuit.

Hummel, a native of Marshall County, said he always has wanted to continue what he considers to be an excellent tradition of judges serving on the bench as he runs for election in 2008.

“It’s a long time dream of mine to be a circuit court judge,” Hummel said Tuesday. “These opportunities don’t avail themselves very often. The Second District has had tremendous judges on the bench and I wanted to do this myself. I want to continue the tradition of judicial excellence in the Second Judicial Circuit.”

The Second Judicial Circuit consists of Marshall, Wetzel and Tyler counties.

Hummel has been an attorney since 1995, staying mostly in the Marshall County area. In addition to working in a private practice, he is also an assistant prosecutor for Marshall County.

Hummel said being a judge would be an overwhelming honor, but he said it also is a place he feels he could serve the public the best.

“I have aspires to be a judge for several years and to actually obtain that would be an overwhelming achievement and goal,” he said. “I’m certainly up to the task, as well as qualified to serve the public.”

Hummel said he has been working for the last 12 to 15 months on gaining support, forming a committee and working behind the scenes on his campaign in hopes to gain support from several area of the district, including law enforcement.

Hummel is a graduate of John Marshall High School and Marshall University. He earned his law degree from the University of Oklahoma.

April 27
TLC Health Care Services, Inc. vs. Herbert Blake, Jr.
PA-Patrick J. McDermott; J-Karl
* TLC Health Care Services, Inc., alleges that defendant Herbert Blake, Jr., has failed to pay a sum of $11,353.22 for healthcare services rendered to him by the company; it claims a breach of contract on the part of Blake and is seeking that sum plus interest as well as other legal costs and fees.
Case number: 07-C-87

April 30
Leroy Anderson, Donna Anderson, et. al vs. Columbian Chemical Company, Craig Landis, et. al
PA-James G. Bordas, Jr.; J-Madden
* The plaintiffs allege that the defendants, namely the Columbian Chemical Company, knowingly and willfully released into the atmosphere a toxic emission known as Carbon Black, a substance containing the carcinogen Benzene, which is known to cause chronic inflammation of lung fibrosis, lung tumors, pulmonary disease, and asthma, among other ailments. The plaintiffs claim that that emission has caused them various illnesses and health problems as well as extensive property damage resulting in medical monitoring costs as well as costs to repair damage to homes, buildings, and vegetation. They also claim severe emotional distress; they are seeking compensatory and punitive damages.
Case number: 07-C-88

May 1
Barbara Burch vs. Ashley D. Jobes
PA-Christopher R. Heller; J-Karl
* The two parties were involved in an auto accident which Burch claims was a direct result of negligence, carelessness, and recklessness on the count of Jobes. As a result of the accident, Burch has suffered extensive injuries resulting in medical expenses as well as property damage costs. She is seeking compensatory damages.
Case number: 07-C-89

Mark Riley vs. Northern Regional Jail Medical Staff
PA-pro se; J-Madden
* Plaintiff Mark Riley, an inmate at Northern Regional Jail, along with his wife, claims that he has a heart condition that at times causes an irregular heartbeat and temporary loss of a heartbeat. He further claims that he has attempted to notify the jail officials and staff repeatedly about his heart condition but has received no attention or assistance and has not been administered to by a doctor. He seeks judgment that will provide him proper healthcare while incarcerated.
Case number: 07-C-90

May 3
Reynolds Memorial Hospital vs. Edith Olivia Green
PA-John M. Jurco; J-Karl
* Reynolds Memorial Hospital claims that defendant Edith Olivia Green owes the hospital $7,197.54 due to healthcare services rendered to her in August of 2006 that have since been left unpaid. It is seeking that sum plus interest as well as other legal costs and fees.
Case number: 07-C-91

May 7
Robyn L. Thomas and Lisa Marie William, et. al vs. Charles Wylie, DDS
PA-Patrick S. Cassidy; J-Madden
* The plaintiffs claim that Dr. Charles Wylie psychologically abused them while they were employed by him and that he provided them with a hostile environment due to their sex. They claim that he committed assault and batteries on them and inflicted emotional distress. They eventually were forced to resign and are now seeking compensatory and punitive damages.
Case number: 07-C-94

May 15
City of Cameron, West Virginia vs. Charles Anderson and Wesbanco Bank, Inc.
J-Madden
* The City of Cameron is seeking an order of advance payment and entry as well as a petition for condemnation in a proceeding to condemn defendant Charles Anderson’s lands for public use including the construction of public water lines and a water system on the property.
Case number: 07-C-98

City of Cameron, West Virginia vs. David L. Hill and Carolyn R. Hill and Branch Banking and Trust Company
J-Madden
* The City of Cameron is seeking an order of advance payment and entry as well as a petition for condemnation in a proceeding to condemn defendants’ lands for public use including the construction of water pumps as part of a water system on the property.
Case number: 07-C-99

May 16
Robert Carney and Bonnie Carney vs. Ohio River Collieries Company and All American Homes of Ohio, LLC, et. al
PA-Ronald Wm Kasserman; J-Karl
* The two parties entered into a contact in which the defendant company was to construct a home for the Carneys and it would have a foundation composed of concrete block. Upon the completion of the home, the Carneys claim that the foundation was not of concrete block but of a porous and defective substitute composed of cement, water, sand, and limestone, ultimately leading to a replacement of the home’s foundation walls. They claim a breach of contract on the part of the defendants and are seeking compensatory and punitive damages.
Case number: 07-C-100

May 21
Citibank South Dakota N.A. vs. Melinda L. Burkett
PA-Bradley A. Gregory; J-Karl
* Burkett allegedly owes Citibank $18,412.24 on a past due account. Citibank is seeking that unpaid sum plus interest as well as other legal costs and fees.
Case number: 07-C-104

FIA Card Services N.A. f/k/a MBNA America Bank, N.A. vs. Steven M. Weekley, II
PA-John J. Balenovich; J-Madden
* Plaintiff FIA Card Services N.A. is seeking that defendant Steven M. Weekley, II, answer in Court a complaint with the National Arbitration Forum in which an award sum may be ordered paid by Weekley to FIA Card Services. FIA Card Services is seeking the amount set fourth in a possible award plus 10 percent interest as well as other legal costs and fees.
Case number: 07-C-105

Chase Bank USA, NA vs. Patty Hubbs
PA-Andrew S. Lerner; J-Karl
* Chase Bank says Hubbs owes $14,510.91 on a past due credit card account. Chase Bank is seeking that unpaid sum plus interest as well as other legal costs and fees.
Case number: 07-C-106

MOUNDSVILLE – Several women have filed a suit against a Marshall County dentist, claiming his actions forced each of them to resign or lose their jobs because of the work environment he created.

Robyn L. Thomas, Lisa Marie William, Beth Ann Hinebaugh and Leniora Rose Hardway filed a suit May 7 in Marshall Circuit Court, against Charles Wylie. Thomas, William and Hinebaugh filed the suit because they were forced to resign and Hardway claims she was fired because of her sex.

According to the suit, Wylie harassed, intimidated, and psychologically abused the women, as a result of their sex, which is a violation of West Virginia code.

William also claims she assaulted by Wylie before she resigned.

Each woman seeks compensatory and punitive damages. Wheeling attorney Patrick Cassidy represents the women. The case has been assigned to Judge John Madden.

Marshall Circuit Court case number 07-C-94

May 22
Lawrence W. Pyles vs. Thomas P. Gantzer
PA-Robert P. Fitzsimmons; J-Madden
* Pyles claims an auto accident was a direct result of negligence, carelessness, and recklessness on the part of Gantzer. Pyles subsequently sustained injuries and incurred medical expenses totaling $11,973.66 and lost wages totaling $247.20. He also claims he has lost the ability to earn money and enjoy a normal life due to the accident. He is seeking compensatory damages.
Case number: 07-C-109

Sherry Cowan vs. Carol J. Anderson
PA-David P. Robinson; J-Karl
* Cowan claims an auto accident was a direct result of negligence, carelessness, and recklessness on the part of Anderson. Cowan suffered injuries and incurred medical expenses due to the accident and is therefore seeking compensatory damages as well as other legal costs and fees.
Case number: 07-C-110

Charles Leach and Sharon Leach vs. Carol J. Anderson
PA-Jacob M. Robinson; J-Madden
* The Leaches claim an auto accident was a direct result of negligence, carelessness, and recklessness on the part of Anderson. The plaintiffs suffered injuries and incurred medical expenses due to the accident and therefore are seeking compensatory damages as well as other legal costs and fees.
Case number: 07-C-111

Lori Hogan fka Lori Melodia vs. Tracie McCoy and Erie Insurance Property and Casualty Company
PA-Ronald W. Zavolta; J-Karl
* Hogan claims an auto accident was a direct result of negligence, carelessness, and negligence on the part of McCoy, who was at the time driving for her employer Erie Insurance Property and Casualty Company where she worked as an agent. Hogan claims she suffered injuries and incurred medical expenses totaling $9,107.21 and is subsequently seeking compensatory damages plus interest as well as other relief.
Case number: 07-C-112

May 24
Charles Hammers vs. The City of Moundsville
PA-David P. Robinson; J-Karl
* Hammers says he slipped and fell on Jefferson Avenue in Moundsville when a city parking meter broke and fell onto him in May 2005. He suffered serious injuries as a result of the accident and incurred medical expenses. He also says Moundsville negligently failed to maintain the meter which resulted in the incident. He is seeking compensatory damages.
Case number: 07-C-114

J.S.K. Realty Company vs. Galileo Moundsville, LLC
PA-Christopher P. Riley; J-Madden
* J.S.K. says the defendant company misrepresented and mischaracterized the terms of a land lease between the two parties. J.S.K. is seeking to owe nothing on the lease and that it be declared free of any of the lease’s obligations. It also is seeking other relief as well as legal costs and fees.
Case number: 07-C-115

June 1
Chase Bank USA, N.A. vs. Ralph V. Taylor
PA-Andrew S. Lerner; J-Madden
* Chase Bank says Taylor owes $14,073.88 on an account. It seeks that amount plus interest and legal fees.
Case number: 07-C-117

June 22
David E. Gill vs. Ronald E. Dobbs and Westfield Insurance Company
PA-Daniel P. Taylor; J-Karl
* Gill claims Dobbs negligently struck him with his vehicle in an auto accident causing property damage and injuries. He seeks damages for medical expenses as well as compensatory damages.
Case number: 07-C-120

June 12
William D. McConnell vs. Tom Knight dba B.E.T.
PA-David C. White; J-Madden
* McConnell claims Knight, while working for B.E.T., negligently struck him with his vehicle in an auto accident causing property damage and injuries. He seeks damages for medical expenses as well as compensatory damages.
Case number: 07-C-123

June 13
Susan L. Deloretta vs. Jason Emmett Morris
PA-Gerald E. Lofstead, III; J-Madden
* Deloretta claims Morris negligently struck her with his vehicle in an auto accident causing property damage and injuries. She seeks damages for medical expenses as well as compensatory damages.
Case number: 07-C-125

D’Ann Marie Carroll vs. Bryan Keith Pettit and the Pepsi Bottling Group, Inc., d/b/a Pepsico, Inc.
PA-Jacob M. Robinson; J-Karl
* Carroll claims Pettit, while working for Pepsico, negligently struck her with his vehicle in an auto accident causing property damage and injuries. She seeks damages for medical expenses as well as compensatory damages.
Case number: 07-C-126

Helen Tyler and Fred Tyler vs. CVS Pharmacy Inc., dba Store No. 6277
PA-Jacob M. Robinson; J-Madden
* While shopping at CVS Pharmacy (Store No. 6277), a display of lawn chairs and cots fell on Helen Tyler and caused her permanent injuries. She seeks compensatory damages to cover medical expenses as well as damages for pain and suffering.
Case number: 07-C-127

June 26
Estate of Bonita Hatcher, Deceased vs. Jacqueline Zavolta
PA-Patricia Valentino Kutsch; J-Madden
* The plaintiff party seeks that a contract be declared null and void and that a real estate title be cleared.
Case number: 07-C-129

June 18
Ronald Fekete and Mary Fekete vs. Robert Frye
PA-Jill D. Sinatra; J-Karl
* The Feketes claim Frye negligently struck them with his vehicle in an auto accident causing property damage and injuries. They seek damages for medical expenses as well as compensatory damages.
Case number: 07-C-130

June 22
Douglas Mollendick vs. Wal-Mart Stores, Inc.
PA-David A. Jividen; J-Karl
* Mollendick claims that while as a patron of Wal-Mart, he slipped and fell on a patch of ice in the parking lot on the store’s property injuring himself. He claims Wal-Mart is negligent and is seeking compensatory damages.
Case number: 07-C-134

June 25
New Falls Corporation vs. Bryan M. Goudy and Rebecca Goudy
PA-Robert L. Bandy; J-Madden
* New Falls Corporation says the Goudys owe $47,611.44 on an account. It seeks that amount plus interest and legal fees.
Case number: 07-C-135

June 29
Drema Hennen Hupp vs. Aimee Menendez
PA-Jacob M. Robinson; J-Madden
* Hupp claims that Menendez negligently struck him with her vehicle in an auto accident resulting in property damages and injuries. She seeks damages for medical expenses as well as punitive damages.
Case number: 07-C-139

July 2
Jonda Renna Stocklash vs. Nationwide Mutual Insurance Company
PA-Diana H. Crutchfield; J-Madden
* Stocklash claims that she was struck by another vehicle while in her car and that Nationwide Mutual Insurance failed to provide coverage for the accident. She seeks $25,000 per person for bodily injuries incurred as well as other damages.
Case number: 07-C-141

July 3
Gary Fonner and Denise Fonner vs. Dennis Lawther and Anna Marie Lawther
PA-Eric M. Gordon; J-Karl
* The Fonners purchased a home from the Lawthers and claim that it has a leaky plumbing system, foul odor resulting from plumbing, water infiltration in the basement, and an inadequate electrical system. They allege fraud and seek damages.
Case number: 07-C-142

July 5
Commonwealth Financial Systems, Inc. vs. Marie J. Kulesa
PA-Jeffery J. Gould; J-Madden
* Commonwealth Financial Systems says Kulesa owes $15,453.15 on an account. It seeks that amount plus 30.74% then 9.75% interest.
Case number: 07-C-143

Bobbi Wade and Steven Wade vs. Ford Motor Company and Thomas Jackson d/b/a TJ’s Auto
PA-Ronald Wm Kasserman; J-Madden
* The Wades claim that the airbag in their Ford vehicle failed to deploy when they struck a telephone pole in an auto collision. They have thus far incurred over $20,000 in medical expenses and seek compensatory and punitive damages.
Case number: 07-C-147

July 6
Clyde N. Minter, Jr. vs. Mary B. Allenby
PA-David A. Jividen; J-Madden
* Minter claims that Allenby negligently struck him with his vehicle in an auto accident resulting in property damages and injuries. He seeks damages for medical expenses as well as punitive damages.
Case number: 07-C-149

July 9

Laura Hall, Executrix of the Estate of Clara M. Furbee vs. Jeffrey McKinney and Sharon McKinney, et al.
PA-Lisay M. Bagay-Hawrat; J-Madden
* Hall is asking for a declaration that Furbee, at the time of her death, was the legal owner of a certain parcel of real estate currently in question by two parties.
Case number: 07-C-151

Williams

MOUNDSVILLE -– A convenience store chain was victorious in a sexual harassment and retaliatory discharge case last week in Marshall County.

On July 19, Huntington attorneys Marc E. Williams and Melissa Foster Bird of Huddleston Bolen obtained a unanimous defense verdict in the case tried before Marshall Circuit Judge John Madden.

The case was filed against Speedway SuperAmerica LLC and two of its employees by James G. Bordas Jr. of Bordas and Bordas in Wheeling.

The plaintiff, Mary Tyler, a cashier for Speedway SuperAmerica in its New Martinsville store, alleged that she was repeatedly groped by a co-worker and that the company’s failure to take action on her complaints created a hostile work environment. Shortly after making the complaint, the plaintiff’s cash register came up over $200 short in one shift.

While Tyler was not accused of theft in the missing money, she ultimately was discharged because of the shortage. During the trial, it was revealed the plaintiff secretly taped a meeting between a Human Resources manager and the store manager and asserted that the tape showed that the company planned to set her up for firing with a register shortage.

The defense argued that the company’s handling of the sexual harassment complaint was appropriate under its policies. The groping was conceded, but evidence was presented that immediately upon being advised of her complaint, an investigation began, disciplinary action was taken, and the offensive conduct stopped.

As for the firing, the defense asserted that termination for unexplained, large cash shortages was consistent with its longstanding policy. In support of this, the defense presented the acknowledgement of that policy that was signed by the plaintiff. As for the taped meeting, the defense argued that there was no evidence of a set up on the tape and invited the jury to listen to the tape during deliberations to confirm that fact.

The court allowed punitive damages to go to the jury, along with financial information regarding Speedway SuperAmerica’s profitability. Additionally, the court allowed the plaintiff to introduce evidence of the termination of another cashier at the same store who had made a sexual harassment complaint. The defense argued that this other cashier was fired after just three weeks on the job because of repeated register shortages.

After deliberating for 70 minutes, the jury of five women and one man returned a unanimous verdict in favor of the defendants.

July 10
Beneficial WV, Inc. Assignee of Value City Furniture vs. Megan C. Brandon
PA-Kurt J. Winter; J-Karl
* Beneficial WV claims a breach of contract on a loan agreement between the two parties. It seeks $2,383.76 in damages plus 24% interest as well as legal fees.
Case number: 07-C-152

Phillip L. Cameron vs. TKO Auto Express
PA-pro se; J-Madden
* Cameron claims that upon purchasing a vehicle from the defendant he had to revisit the dealership over twelve times for various reasons including electrical and air conditioning problems and is seeking $5380.50 to cover repair costs and damages.
Case number: 07-C-155

Larry Long vs. Bayer Material Science, LLC, Dr. Thomas J. Conti & Roseanne J. Keller
PA-Patrick S. Cassidy & Timothy F. Cogan; J-Karl
* Long claims he was passed over for promotions while employed by Bayer in favor of younger employees; he alleges that the defendants acted wantonly and recklessly and claims a violation of the WV Human Rights Act. He seeks compensatory and punitive damages.
Case number: 07-C-160

John C. Acey vs. Sharon Yahnke and Teresa Waid, et al.
PA-pro se; J-Madden
* Acey claims wrongdoing by the defendants and is moving for the issuance of a Writ of Mandamus or Writ of Prohibition; he alleges that the defendants are refusing to issue him a trust fund check upon his release from prison in November of 2007.
Case number: 07-C-161

July 27
Robert Charles Cox vs. WV Northern Regional Jail
PA-Charles Houdyschell Jr.; J-Karl
* Respose to claims of prisoner neglect in terms of the medical treatment of Cox; the defense raises, so as not to waive, eight defenses, including the claim of immunity, of their case.
Case number: 07-C-162

July 24
David F. Freeland vs. Martin Marietta Materials, Inc. d/b/a Martin Marietta Aggregates, et al.
PA-Bradley H. Layne; J-Madden
* Freeland claims he suffered injuries to his coccyx, back, and neck while employed by Martin Marietta Aggregates due to an “unseaworthy vessel” on which he worked; he says that he incurred pain and suffering, the loss of the enjoyment of life, lost wages, and medical expenses due to the company’s negligence and seeks compensatory and punitive damages.
Case number: 07-C-163

July 25
Citifinancial, Inc. vs. Walter Breese, IV
PA-Teresa J. Dumire; J-Karl
* Citifinancial says Breese owes $17,126.59 on an account. It seeks that amount plus interest and legal fees.
Case number: 07-C-164

July 26
Reynolds Memorial Hospital vs. Shane Lee Counts
PA-John M. Jurco, J-Karl
* Reynolds Memorial Hospital says Counts owes $10,550.41 for medical services rendered to him. It seeks that amount plus interest and legal fees.
Case number: 07-C-167

Reynolds Memorial Hospital vs. Sean Andrew Darrah
PA-John M. Jurco; J-Karl
* Reynolds Memorial Hospital claims Darrah owes $14,709.25 for medical services rendered to him. It seeks that amount plus interest and legal fees.
Case number: 07-C-168

Aug. 2
Citibank South Dakota N.A. vs. Janet L. Richardson
PA-Bradley A. Gregory; J-Karl
* Citibank says Richardson owes $12,241.54 on an account. Citibank seeks that amount plus interest and legal fees.
Case number: 07-C-172

United Bank, Inc. vs. Jana K. Maupin and Jacquelynn Marie Maupin, et al.
PA-W. Eric Gadd; J-Madden
* United Bank acquired the title to a parcel of real estate property at a public auction for a payment of $34,000. It seeks that the bank is entitled to the possession of that property and that the defendant occupants immediately vacate the property and remove all of their personal possessions.
Case number: 07-C-175

Jonna Wade vs. Mound View Health Care Inc.
PA-Patrick S. Cassidy; J-Karl
* Wade claims that she was terminated from her employment with Mound View Health Care as a result of her filing a workers’ compensation complaint even though it was her legal right to do so. She alleges a violation of West Virginia State Code and seeks compensatory and punitive damages.
Case number: 07-C-176

Aug. 3
Raymond F. Hall Sr., Administrator of the Estate of Raymond F. Hall Jr., Deceased, et al. vs. Harry Tucker Jr., and PV Holding Corporation, et al.
PA-Rodney T. Berry; J-Madden
* An auto accident in November 2005 claimed the life of Raymond F. Hall Jr. Raymond F. Hall Sr. alleges that the driver who caused that collision was operating his vehicle with a suspended license due to repeated offenses of driving while impaired. He further states that he has incurred medical bills and funeral and burial expenses. He seeks damages.
Case number: 07-C-177

Aug. 8
Carl Mike Thompson vs. James G. Bordas and Bordas Law Firm
PA-pro se; J-Karl
* Thompson was involved in an auto accident and represented in court thereafter by James G. Bordas of Bordas Law Firm. Thompson claims Bordas failed to notify him that he was filing a suit and afterward failed to inform him of other important actions the law firm took. He seeks $800,000 in damages.
Case number: 07-C-180

Aug. 9
Alfred T. Beecher Jr. vs. Mark Tucker and The City of Moundsville, et al.
PA-Peter P. Kurelas, III; J-Karl
* Beecher and Tucker were involved in a bicycle accident on a city bike and walking trail with untrimmed plant growth that obstructed Beecher’s vision. As a result of the collision, Beecher incurred $10,000 in medical expenses and subsequently seeks $50,000 for all damages sustained.
Case number: 07-C-184

Sandra Sheller vs. David Bartsch and Bartsch Contracting
PA-James G. Bordas Jr.; J-Karl
* Bartsch was performing contracting work on Sheller’s roof when he unlawfully entered her bedroom and rummaged through her undergarments. He also joked about it in poor taste to others. She claims trespass, conversion, intentional infliction of emotional distress, invasion of privacy, and negligence. She seeks $500,000 in compensatory damages and $1 million in punitive damages.
Case number: 07-C-186

Aug. 10
Rhonda Howell and Raymond Howell vs. Michael J. Pekula and Shellie J. Pekula, et al.
PA-Steven T. Taylor; J-Madden
* Howell was a business invitee on the Pekulas’ property when she fell in a hole in their yard that they failed to warn her was there. As a result, Howell incurred medical bills, pain and suffering and emotional distress. She seeks damages.
Case number: 07-C-187

Lewis Reynolds and Tamra Reynolds vs. The City of McMechen
PA-pro se; J-Karl
* The Reynolds claim that the City of McMechen failed to maintain a water line that broke as a result of a ground “shift” resulting in low water pressure in their house and damage to their property including sinking walls, walkways, and stairs and problems with their hot water heater and furnace. They seek damages.
Case number: 07-C-188

Farmers Financial Services Inc., Assignee of Mac Tools vs. Dave Beegle
PA-Steven M. Recht; J-Madden
* Farmers Financial Services says Beegle owes $1,269.79 on an account. Farmers Financial Service seeks that amount plus 21.9 percent interest and legal fees.
Case number: 07-C-189

Aug. 15
Iaa Mae Louk vs. The Kroger Co., Marianna Zamias & Benwood Zamias, Limited Partnership
PA-Robinson; J-Kare
* Louk claims Kroger failed to implement proper safety protocol in the parking lot which caused her personal injury. She sues jointly and severally as compensatory damages, interest and costs.
Case number: 07-C-192

Aug. 16
PA-Jurco; J-Madden
Reynolds Memorial Hospital vs. Diana L. Bubnich
* Reynold’s claims Bubnich owes $46,544.1 for services provided between December 2002 and April 2007. Immediately vacate the property and remove all of their personal possessions.
Case number: 07-C-195

Aug. 23
Melissa Cain vs. CVS Pharmacy, Inc., CVS of West Virginia, Inc., Hook-Superx, Gary Swart, an individual, and William Young, an individual
PA-Wininsky; J-Madden
* Cain worked at CVS from 1991 until her discharge in September 2005. She claims she had a right to receive a refund on a product from her Supervisor. She claims her termination was a Retaliatory Discharge, violates WV Pubic Policy to which she claims emotional distress, annoyance and humiliation to which she seeks compensatory damages. In addition, she claims actions of Gender plus Pregnancy Discrimination against Swart and Young.
Case number: 07-C-203

Aug. 27
Brenda Gayvont, on behalf of herself and all others similarly situated vs. Davol, Inc and C.R. Bard, Inc.
PA-Toriseva; J-Karl
* This action seeks medical monitoring program, screening, research and education for sale and distribution of composix Kugel Mesh Patch surgically implanted into the body of Gayvont and class members, claiming the patch presents, and will continue to present a substantial risk of injury or death.
Case number: 07-C-206

Melissa McKinney and James McKinney vs. Gregory J. Cassis, Murphy’s Grocery, Inc.
PA-Kasserman; J-Madden
* Melissa McKinney claims an exposed electrical cord caused her to fall in August of 2005. She seeks compensatory and punitive damage with fees and costs.
Case number: 07-C-207

Aug. 28
Doris B. Parker and Samuel R. Parker, her husband vs. The City of Moundsville
PA-Berry; J-Madden
* Doris Parker claims she suffered a broken shoulder upon tripping in a pothole. She claims direct and proximate suffering to the marital relationship. Judgment in excess of $25,000 is sought.
Case number: 07-C-209

Aug. 29
Paul Bradley Hess vs. ERGON – West Virginia, Inc. a corporation, Neil Stanton and Olin Haskin, Individuals
PA-Cassidy; J-Madden
* In 2005 Ergon approved a leave of absence when Hess was diagnosed with prostate cancer. In 2007 the Company posted the results of a safety test in an effort to advise employees that toxic substances were marked incorrectly with ID# C6H6 as “propane.” In fact C6H6 is a known benzene carcinogen. Ergon advised Hess his actions in correcting the misrepresentation warranted termination. He seeks compensatory and punitive damages.
Case number: 07-C-211

Aug. 30
PA-Delk; J-Madden
Heather Gianangeli vs. Bobbie Renzella
* Direct and proximate result of Renzella’s failure to properly maintain and control her dog, plaintiff seeks an order authorizing a local animal humane officer to cause the dog to be killed and medical expenses.
Case number: 07-C-213

Aug. 16
PA-John Jurco; J-Madden
Reynolds Memorial Hospital vs. Shannon Danehart
* Reynolds claims Bubnich owes $13,825.26 services provided between September 2002 and December 2006.
Case number: 07-C-197

Aug. 31
Kimberly R. Brooks vs. City of Moundsville Zoning Board of Appeals, a Public Body of the City of Moundsville, West Virginia, Wayne McCarle, Board Member; Lonnie Hill, Board Member;
Margaret Legg, Board Member; Carl Boso, Jr., Board Member and Della Deskins; Board Member
PA-Pro Se; J-Madden
* A Writ of Certiorari was filed and an Order to Show Cause was issed to Moundsville Zoning Board as to why Writ should not be granted when a variance was granted to Lamar Advertising against Article 1389. Brooks seeks costs and fees.
Case number: 07-C-217

Sept. 4
Richard Brown vs. Wyetta Fredricks; James Spencer; Cecilia Janiszewski; Lt. Midcap; James Rubenstein; Prime Care Medical of West Virginia, Inc.; Dr. Karl Mueller; Plastic Surgery, Inc.; Individually and in their Official capacities.
PA – Richard Brown; J – Karl
* On Sept. 2, 2005, while an inmate in Northern Regional Jail, the cell door closed cutting off the top of Brown’s finger. Brown claims that a safety compression arm bracket, removed by maintenance, is responsible. An Order is sought prohibiting retaliation against him for bringing this action, along with punitive damages and proper medical care for his injury.
Case number: 07-C-218

Sept. 7
Ron Murrin, Winnie Murrin and Dean Roberts vs. James A. Corley and Jill C. Corley and Charles W. Corley and Ruth A. Corley
PA – Eric Gorden; J – Madden
* Murrin seeks Injunctive Relief and an Order enjoining Corley’s from denying them access to their property. They claim they are unable to market their property for sale without access.
Case number: 07-C-219

Teresa M. Toothman and Thomas W. Toothman, Sr. vs. Mountain State Parents’ Children and Adolescent Network, Inc. and Melody Maybright and Bob McConnell
PA – W. Gus Saines; J – Karl
* Toothman says she worked for Mountain State for 13 years when her employment was terminated, on April 5, 2007, after it was perceived her Carpal Tunnel Syndrome required surgery. She claims Age Discrimination accounting for humiliation, embarrassment, degradation, emotion and mental stress, anxiety annoyance, and inconvenience for which she seeks punitive damages, fees and costs.
Case number: 07-C-220

Sept. 13
Consol Energy, Inc. vs. James R. Conley
PA – Edward M. George and Robert D. Plumby; J – Madden
* Conley was licensed to perform mining activities while employed by Consol. He received injuries and his employment ceased Aug. 21, 2001. A Release of Information and Agreement to Reimburse was entered into and Consol seeks $70,786.69 in overpayment of Long Term Disability fees in accordance with the agreement, along with costs and fees.
Case number: 07-C-225

New civil filings from Monongalia Circuit Court, Sept. 10-12

Sept. 10

David M. Morgan v. The University of West Virginia Board of Governors, West Virginia University Hospitals, Inc. d/b/a Ruby Memorial Hospital and West Virginia University Medical Corporation dba University Health Associates and James K. Hackett
PA – Michelle Widmer Eby; J – Stone

*David M. Morgan began his psychiatry residency at WVU from May of 1976 through July of 1980 and was employed as a Clinical Assistant Professor. He retained his position as a Clinical Assistant Professor of Psychiatry until June 1980 when he began employment as Staff Psychiatrist at Valley Community Mental Health Center from 1980 through 1988. In October of 1988 he then began full time employment with UHA and WVUH as an Assistant Professor of Psychiatry on a 12-month contract. From 1988 through May 15, 2006, Morgan was Staff Psychiatrist at WVU Health Services located in the Health Sciences Center at which time he inquired of the possibility of switching from a 12-month to a 9-month employment contract. On May 16, 1991, all parties mutually agreed and Morgan began working as a 9-month employee. Morgan was aware that he would receive a reduction in pay but was given no indication that his benefit status would change. Morgan retired from his Staff Psychiatrist position in May 2006, due to chronic health conditions that he claims developed through exposure to harmful chemicals at his office, which was located beneath the Mary Babb Randolph Cancer Center. The Cancer Center operated their mammography machine that utilized glutaraldehyde, a photographic chemical. As a result of the exposure to this chemical, and other similar chemicals, Morgan developed several chronic respiratory disorders. Morgan claims that by not addressing and correcting the toxic work environment, he was constructively discharged and forced to resign/retire from his employment. Morgan claims that he was not notified of the possibility of any benefit changes and he was led to believe he was accruing years of service and benefits throughout his employment and would be eligible for retirement. Morgan is seeking judgment, jointly and severally, for compensatory and punitive damages, pre and post judgment interest, attorney fees and court costs and is asking for a trial by jury.

Case number: 07-C-600

Sept. 12

Carolyn Parrack, Administratix of the Estate of Miranda Nicole Parrack, Deceased v. General Motors Corporation and Tygart Valley Motor Company, Inc.
PA – Dino S. Columbo; J – Stone

*On Sept. 15, 2005, Miranda Parrack was a passenger in a 1998 Chevy Blazer driven by Robert J. Howell. While traveling on I-79 near the Goshen Road exit, Howell lost control of his vehicle and went off the eastern side of the left-hand southbound lane and the Blazer rolled over. Even though Parrack was wearing a seat belt at the time of the rollover, her occupant restraint system failed, she was ejected from the vehicle and killed. Carolyn Parrack claims the vehicle was defective and dangerous at the time it left the hands of General Motors and Tygart Valley Motor Company. Parrack is seeking monetary damages for pre-crash terror suffered by Miranda Parrack, conscious pain and suffering from the time the accident began until the time of her death; sorrow, mental anguish, compensation for reasonably-expected loss of income of Miranda, and reasonable funeral expenses. In addition to compensatory damages, Parrack also seeks punitive damages against General Motors based on willful, wanton, malicious and reckless conduct.

Case number: 07-C-605

New civil filings from Ohio Circuit Court, Sept. 7-13

Sept. 7
Robert C. Wells, Carol Wells vs. Robert D. Taggert, Jr. and AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY
PA- Jacob M. Robinson and Ronald W. Zavolta; J- Gaughan
*Wells claims due to Taggert’s failure to maintain control and yield right of way his vehicle was violently stuck causing in a rear end collision. Compensatory damages, costs and fees are sought.
Case number: 07-C-402

Sept. 13
Lori Beth Caruth vs. Imogene B. Burgy and FARM FAMILY CASUALTY INSURANCE COMPANY Underinsured Motorist Insurer.
PA- David Hummel, Jr.; J- Mazzone
* On August 21, 2006, at the intersection of 22nd and Chapline, Caruth claims failure to yield right of way of Burgy caused a collision in Reisbeck’s parking lot. Compensatory damages and costs are sought for physical, emotion and mental sufferings, as direct and proximate results of the injuries sustained.
Case Number 07-C-405

Sept. 4
PA- Richard Brown; J- Karl
Richard Brown vs. Wyetta Fredricks; James Spencer; Cecilia Janiszewski; Lt. Midcap; James Rubenstein; Prime Care Medical of West Virginia, Inc.; Dr. Karl Mueller; Plastic Surgery, Inc.; Individually and in their Official capacities.
* On Sept. 2, 2005, while an inmate in Northern Regional Jail, the cell door closed cutting off the top of Brown’s finger. Brown claims that a safety compression arm bracket, removed by maintenance, is responsible. An Order is sought prohibiting retaliation against him for bringing this action, along with punitive damages and proper medical care for his injury.
Case number: 07-C-218

Sept. 7
Ron Murrin, Winnie Murrin and Dean Roberts vs. James A. Corley and Jill C. Corley and Charles W. Corley and Ruth A. Corley
PA- Eric Gorden; J- Madden
* Murrin seeks Injunctive Relief and an Order enjoining Corley’s from denying them access to their property. They claim they are unable to market their property for sale without access.
Case number: 07-C-219

Teresa M. Toothman and Thomas W. Toothman, Sr. vs. Mountain State Parents’ Children and Adolescent Network, Inc. and Melody Maybright and Bob McConnell
PA- W. Gus Saines; J- Karl
* Toothman says she worked for Mountain State for 13 years when her employment was terminated, on April 5, 2007, after it was perceived her Carpal Tunnel Syndrome required surgery. She claims Age Discrimination accounting for humiliation, embarrassment, degradation, emotion and mental stress, anxiety annoyance, and inconvenience for which she seeks punitive damages, fees and costs.
Case number: 07-C-220

Sept. 13
Consol Energy, Inc. vs. James R. Conley
PA- Edward M. George and Robert D. Plumby; J- Madden
* Conley was licensed to perform mining activities while employed by Consol. He received injuries and his employment ceased Aug. 21, 2001. A Release of Information and Agreement to Reimburse was entered into and Consol seeks $70,786.69 in overpayment of Long Term Disability fees in accordance with the agreement, along with costs and fees.
Case number: 07-C-225

Sept. 18
PA- Frederick E. Gardner; J- Madden
David Reed vs. Jim Metz d/b/a/ Metz Construction
* Reed entered into a contract for the remodeling of two of his rental units for $25, 652.00. He expended over $19,000.00. He claims Breach of Contract and seeks damages over the amount of $6,600.00, plus interest and other relief.
Case number: 07-C-227