May 19
Sharon M. Togger and Catherine Ann Togger vs. Nathan A. Boggs
PA-Shawn D. Bayliss; J-Stowers
* The plaintiffs say Boggs is responsible for injuries they sustained in a May 26, 2007, accident on W.Va. 33 in Scott Depot. They seek compensatory damages, interest, costs, fees and other relief.
Case number: 09-C-156

WINFIELD – May 2007 apparently wasn’t a good month for a Putnam County mother and daughter.

Sharon Togger and her daughter Catherine A. Togger were involved in two automobile accidents that month, and both of those wrecks now have resulted in lawsuits.

They filed the first complaint May 1 in Putnam Circuit Court against Charleston Motors Inc. and Scott E. Jarrett.

The Toggers say Jarrett was working for Charleston Motor Company on May 3, 2007, when the 2004 Jeep he was driving collided with a 1998 Pontiac owned by Sharon Togger and driven by her daughter Catherine on U.S. 35 in Winfield.

According to the complaint, Jarrett was cited at the scene and arrested for driving on a revoked license and for DUI. He also provided a statement to Winfield police admitting fault, according to the complaint.

The Toggers say Charleston Motor Company was “grossly negligent” by allowing Jarrett to drive without a valid license.

Catherine Togger claims she suffered numerous injuries in the accident. She seeks compensatory damages for her injuries and expenses. Her mother claims loss of consortium and companionship.

In the second suit, filed May 19, the Toggers claim Scott Depot resident Nathan Boggs is responsible for an accident on May 26, 2007, on W.Va. 33.

Catherine Togger again was driving her 2000 Ford Taurus when Boggs hit her vehicle in which her mother was a passenger.

As with the other accident, the defendant was cited in an accident report by the Putnam County Sheriff’s Department and admitted his negligence in a statement.

The Toggers again seek compensatory damages for injuries and expenses. They also claim loss of consortium and companionship.

Hurricane attorney Shawn D. Bayliss is representing the Toggers in both cases.

The Jarrett case has been assigned to Circuit Judge O.C. “Hobby” Spaulding, and the Boggs case to Circuit Judge Philip Stowers.

Putnam Circuit Court case numbers: 09-C-133 (Jarrett) and 09-C-156 (Boggs)

Sutherland

WINFIELD – A successful high school coach has filed a lawsuit hoping to have a state law about the hiring of non-teacher coaches declared unconstitutional.

Paul Sutherland filed his lawsuit against the Putnam County Board of Education on June 1 in Putnam Circuit Court. From 2000 to 2008, Sutherland was the coach of the Winfield High School girls basketball team. During those eight years, his teams compiled a 159-43 record, made six state tournament appearances and winning two state Class AA titles.

But for the 2008-09 season, Sutherland was removed from his coaching position because the job was given to a teacher.

“Under West Virginia law, any teacher employed by a board of education is given hiring preference and the right of first refusal for any coaching position over any non-teacher solely by virtue of their employment and without regard for the non-teacher’s current position, qualifications, seniority, success or tenure,” Sutherland’s complaint states. “In fact, even a teacher with no playing or coaching experience, training or qualifications must be hired over the non-teacher under state law.”

Sutherland, through attorney Rich Holtzapfel, goes on to note that even if a non-teacher secures a coaching job, the position is posted as open every year unlike jobs for teacher-coaches that are automatically renewed without being posted.

Sutherland is a real estate agent. He was replaced at Winfield by Tim Toler when Toler applied for the coaching position last summer.

“The purpose of this lawsuit is to challenge the Constitutionality and fundamental fairness of state law governing the selection and hiring process of secondary school coaches,” the complaint states. “While the defendant Putnam County Board of Education admittedly followed state law in this case, plaintiff contends the law is arbitrary, capricious and bears no rational relationship to any legitimate governmental purpose.

“Further, the law effectively fails to protect the best interests of students as it denies them to opportunity to have the most qualified individuals as coaches.”

Sutherland’s complaint notes that non-teacher coaches must complete a $250 training course designed, sponsored and presented by the West Virginia Secondary Schools Activities Commission (WVSSAC) to become a “authorized certified coach.”

Teachers, however, simply must be employed by the school board.

“The law assumes that every person with a teaching certificate has already been trained in coaching principles, sports first aid and is knowledgeable of WVSSAC Rules and Regulations,” the complaint states. “Thus, a teacher who, for example, majored in English or physics in college yet never played any sport nor has had one coaching or first aid class is automatically deemed to be qualified to coach once they are hired by a board of education.

“In such a case, the teacher is far less qualified to coach than a non-teacher who is an ‘authorized certified coach.’ No rational basis exists for allowing teachers to receive automatic coaching status solely by virtue of their employment.”

Sutherland goes on to again note the failure of the law to considered “the best interests of the students” who play sports.

“A coach clearly is more than just a paid baby-sitter,” Sutherland says. “A coach is an educator of students. …

“In schools all over West Virginia, non-teacher coaches play a vital role in the education process by filling coaching positions that would otherwise be vacant. Considering the many, many hours demanded by any coaching position, along with the relatively small paycheck attendant to such positions, coaches are clearly not motivated by money. Non-teacher coaches must be given protection for the sacrifice they make and the valuable service to provide to students.”

He calls the law “arbitrary, capricious, patently unfair” and a violation of his right to equal protection and due process.

Sutherland seeks to have the law declared unconstitutional and hopes to be reinstated to his coaching position for the 2009-10 season via an injunction.

He also seeks attorney fees and expenses as well as other relief.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 09-C-164

June 1
Paul Sutherland vs. Putnam County Board of Education
PA-Richard Holzapfel; J-Stowers
* Sutherland seeks to have a state law regarding the hiring of non-teacher coaches for secondary school athletics declared unconstitutional. He also seeks an injunction reinstating him to his former position as coach of Winfield High School’s girls basketball team.
Case number: 09-C-164

May 29
Clifton Fred Dedrickson vs. Denzil R. Quentrill, an individual and employee or agent of A&S Heating & Cooling LLC, and A&S Heating & Cooling LLC
PA-Charles D. Perfator; J-Spaulding
* Dedrickson says Quentrill was driving a van while working for A&S and owned by A&S when he collided with Dedrickson’s Audi on Sept. 22, 2008, on W.Va. 34 near the TA Truck Stop in Teays. Dedrickson says he suffered severe and permanent injuries to his neck, back and the rest of his body. He seeks compensatory damages for pain and suffering, mental anguish, distress, medical expenses past and future and for loss of wages yet to be determined.
Case number: 09-C-162

June 2
Cassandra J. Backes and Nicholas J. Backes vs. Yoder Transport Ltd. and Wilbur Miller
PA-William M. Shrewsberry Jr.; J-Stowers
* The Backes claim Miller, who lives in Indiana, was driving a tractor trailer owned by Yoder, based in Indiana, on W.Va. 34 near Teays Valley on June 7, 2007, when he collided with a car driven b Cassandra Backes. He allegedly did not stop and fled the scene, intentionally avoided investigation and withholding evidence. She claims to have suffered severe and permanent injuries including physical pain and suffering, permanent physical impairment, loss of capacity to enjoy life, medical expenses past and future, annoyance, inconvenience and permanent disfigurement. Her husband claims a loss of consortium. They seek joint and several compensatory and punitive damages, attorney fees, costs, interest and other relief.
Case number: 09-C-165

June 4
Karen Paulin vs. Rite Aid of West Virginia Inc.
PA-Thomas H. Peyton; J-Stowers
* Paulin says Rite Aid fired her because of a workers’ compensation claim and canceled her medical insurance benefits. She seeks compensatory (past and future) and punitive damages.
Case number: 09-C-168

June 8
Lavalette Carper Center Inc. vs. Steorts Homebuilders LLC
PA-Janet Smith Holbrook; J-Spaulding
* From August 2008 to January 2009, LCC was the supplier and installer of flooring for Steorts at two homes being built on Tyler Valley Road. LCC says it is owes $8,711.57 plus interest for labor and materials on one of the homes and $4,023.40 plus interest for labor and materials on the second home. It seeks mechanics liens on the properties and claims unjust enrichment. It seeks compensatory and other damages.
Case number: 09-C-172

WINFIELD – The mother of a Boone County woman who was left comatose after a 2007 tractor trailer accident is suing West Virginia Steel.

Lila Thomas filed the complaint June 12 individually and on behalf of her daughter, Lori Thomas.

Lori Thomas was a truck driver for W.Va. Steel on June 14, 2007, when she was injured when a load of steel she was transporting shifted and came loose from the trailer. As a result, Lori Thomas suffered a brain injury that left her incapacitated, comatose and dependent on healthcare providers.

“She requires constant medical care and nursing services,” the complaint, filed by Hurricane attorney James R. Fox, states.

Lila Thomas blames W.Va. Steel for loading and securing the load improperly. She says the company is responsible for acting with “a consciously, subjectively and deliberately formed intention to produce injuries” suffered by her daughter, and she says the company is liable for “the serious, life altering injuries” suffered.

“Lori Thomas has suffered tremendous pain and discomfort, and ultimately became comatose due to the injuries,” the complaint states. “Lori Thomas has also incurred significant medical expenses and lost income doe to these injuries. She has completely lost the ability to enjoy her life or to engage in any type of activity due to the brain injury.”

Because her injuries are irreversible, Lori Thomas will continue to suffer, according to the lawsuit.

Lila Thomas seeks compensatory damages for her daughter’s inability to enjoy life, life care expenses, pain and suffering, medical expenses, lost income, annoyance and inconvenience, sorrow and mental anguish as well as for the loss of solace, society, companionship, comfort and advice.

She also seeks punitive damages, other economic and non-economic damages, attorney fees, court costs and pre- and post-judgment interest.

The case has been assigned to Circuit Judge O.C. “Hobby” Spaulding.

Putnam Circuit Court case number: 09-C-177

June 12
Lori Thomas and Lila Thomas, individually and as parent, guardian and conservator of Lori Thomas vs. West Virginia Steel Corporation
PA-James. R. Fox; J-Spaulding
* Lori Thomas was a driver for W.Va. Steel. On June 14, she suffered injuries when the tractor trailer she was driving wrecked. Her mother claims the accident happened because the load of steel was improperly loaded by W.Va. Steel. It shifted, and her daughter wrecked. Lori Thomas suffered brain injuries and is now comatose. They seek compensatory and punitive damages, attorney fees, court costs, expenses and pre- and post-judgment interest.
Case number: 09-C-177

WINFIELD – A judge has dismissed part of a lawsuit regarding the construction of the Hurricane Wal-Mart.

Senior Status Judge Bob Chafin tossed out part of Mark and Dolores Halburn’s case against the City of Hurricane. The portions of the suit against Kanawha Stone and Cleveland Construction remain, according to attorney Harvey Peyton.

Peyton is representing Dolores Halburn. Mark Halburn, who is the publisher of www.putnamlive.com, dropped out the case earlier this year.

The Halburns originally filed the case in 2007. In their original complaint, the Halburns named the city of Hurricane, City Manager Ben Newhouse, Cleveland Construction Inc. and Kanawha Stone as co-defendants. The Halburns alleged their constitutional rights were denied by selective enforcement of ordinances, primarily noise ordinances.

Construction blasting and noise near their home, the Halburns alleged, restricted the “peaceful enjoyment of their premises, have interfered with the postal delivery to their residence and have otherwise acted so as to constitute an unreasonable and substantial interference with the private use and enjoyment of plaintiff’s land, without just compensation.”

During a June 4 hearing, Chafin dismissed the City of Hurricane as a defendant. Peyton said he is considering appealing that dismissal to the West Virginia Supreme Court.

Cleveland Construction and Kanawha Stone had filed motions for summary judgment on the nuisance issues. Chafin denied those motions at the June 4 hearing.

Peyton said a jury will decide whether the conduct of those two companies was unreasonable for the year or so they did work on the site and if Dolores Halburn suffered damages because of the companies’ conduct.

On his Web site, Mark Halburn has been outspoken in his disdain for Wal-Mart and the construction process that he says disrupted his family’s life.

Putnam Circuit Court case number: 07-C-298

June 15
David Rogers and Teresa Rogers vs. Toyota Motor Manufacturing West Virginia Inc.
PA-Samuel F. Hanna; J-Stowers
* On June 15, 2007, David Rogers was operating a hoist on an assembly line at Toyota’s Buffalo plant when the hoist gave way. He was injured. He seeks compensatory damages for his injuries, medical expenses past and future, loss of income past and future, mental anguish, pain and suffering, annoyance, inconvenience and aggravation. His wife seeks damages for loss of consortium. They seek the damages, pre- and post-judgment interest, attorney fees, expenses and other relief.
Case number: 09-C-181

June 22
Krystal Perdomo and Herbert Perdomo vs. Stacy J. Casto and Poca Wrecker Service LLC
PA-Benjamin M. Mishoe; J-Stowers
* On June 22, 2007, Casto was operating a wrecker for Poca Wrecker when she collided with a 1994 Honda Civic driven by Krystal Perdomo and owned by Herbert Perdomo. Krystal was injured, and Herbert incurred property damage. They seek $15,000 for Krystal’s injuries and $9,118.50 for his property damages as well as pre-judgment interest and costs, attorney fees and other relief.
Case number: 09-C-183

Appalachian Power Company vs. McBran Holdings Inc., William D. Hinton Jr., Kathryn J. Cadle, Sharon C. Farmer, Jamie L. McDaniel, Amanda L. Irvin and Thomas J. Perdue
PA-M. David Griffith Jr. and Charles F.W. Saffer; J-Spaulding
* McBran owns and operates Nottingham Township mobile home park in Scott Depot. The individual defendants reside in the park. APCO says it has a right-of-way on certain lots in the park. Now, APCO wants to use the right-of-way and seeks to have certain homes removed from the right-of-way. It seeks to have those homes removed and to keep them out of the right-of-way.
Case number: 09-C-186

July 2
Mark Burks and Roberta Burks vs. Mountaineer Grading Company
PA-David R. Barney Jr. and Kevin W. Thompson; J-Spaulding
* The Fraziers Bottom couple says the Elkview-based defendant was involved in the U.S. 35 upgrade and conducted blasting in the spring and summer of 2008 near their home. They say the blasts caused property damage and diminution of the property value, caused a nuisance and constituted trespass. They also claim negligence and strict liability. They seek compensatory and punitive damages, attorney fees, costs and other relief.
Case number: 09-C-194

Courtney Kise vs. The City of Hurricane, Putnam County, West Virginia
PA-Mark L. French and Matthew S. Criswell; J-Stowers
* Kise was walking with a baby stroller on Hurricane Avenue in Hurricane on July 24, 2007, when she tripped over a broken part of the roadway, causing her to fall and fracture her ankle. She seeks compensatory damages.
Case number: 09-C-196

Dodrill Heating and Cooling LLC vs. Steorts Homebuilders LLC, Thomas L. Klein and Sara B. Klein
PA-Shawn R. Romano; J-Spaulding
* Dodrill says Steorts entered into a contract for Dodrill to provide work and materials to Steorts at four Putnam County homes. Dodrill seeks payment. One of the homes has been sold to the Kleins. They seek $59,666 and a mechanic’s lien. It claims unjust enrichment and quantum meruit. It seeks the amount plus interest, attorney fees and other relief.
Case number: 09-C-197

III Trees Inc. vs. Steorts Homebuilders LLC
PA-Shawn R. Romano; J-na
* Trees says Steorts entered into a contract for Trees to provide work and materials to Steorts at a Putnam County home. Dodrill seeks payment. Trees seek $10,391.74 and a mechanic’s lien. It claims unjust enrichment and quantum meruit. It seeks the amount plus interest, attorney fees and other relief.
Case number: 09-C-198

July 6
Donald R. Carter vs. Debbie Joyce and John Doe/Corporations
PA-D. Adrian Hoosier II; J-Stowers
* Carter says Joyce duped him regarding the sale of about 75 acres near the new U.S. 35. Upon her advice, he bought the property for $750,000. He seeks compensatory and punitive damages
Case number: 09-C-199

WINFIELD – Because of its minimal value, the settlement in a lawsuit a Putnam County teenager filed against her cousin alleging sexual assault was not worth consideration of the court’s time, says the cousin’s attorney.

Court records show a settlement was reached on March 31 the case of Sultana T. Barnet v. Paul E. Casto. Barnet, now 20, alleged when she was then 17-years-old, Casto, in February 2006, sexually assaulted her in the garage of his home in Hometown.

In the complaint she filed over a year later, Barnet, who is Casto’s neighbor and second cousin, alleged he caused her “humiliation, embarrassment and mental anguish” when, after rejecting his demands, forcibly removed her clothes, and took sexually explicit pictures of her. After kissing her on various parts of her body, Barnet further alleged Casto threatened to harm her if she told anybody.

She did, however, and Casto was eventually indicted by the Putnam County grand jury in July 2006 on one count of sexual abuse by a parent or guardian. Because Casto later pled no contest to a lesser charge of third degree sexual assault in February 2007, Barnet was prohibited from using any of the information in the criminal case against him.

Joanna Tabit, who was hired by Casto’s homeowner’s insurer Liberty Mutual, declined to say specifically the amount of the settlement. However, she said that, compared to the allegations leveled, the suit amounted to a nuisance.

“It was a nuisance-value settlement,” Tabit said.

Tabit did acknowledge that though scheduled, no depositions were taken. She referred additional questions about the settlement to Barnet’s attorney, Paul M. Strobel.

When contacted, Strobel said he could not comment due to a confidentially agreement signed by the parties. After being told that Tabit made no reference to an agreement and her comments, Strobel said, “I’m not going to get into that,” and declined further comment.

Following his conviction, records show Casto was sentenced in April 2007 to an indeterminate term of 1-5 years in prison. After serving 13 months at the St. Marys Correctional Center in Pleasants County, Casto was released, and placed on 10 years parole.

As required by law, Casto,65, registered as a sex offender with the West Virginia State Police upon his release. Records show he currently lives in Poca.

Putnam Circuit Court, Case No. 07-C-146

July 6
Hurricane Chevrolet Inc. vs. Cynthia L. Means and Chanon L. Means
PA-Johnnie E. Brown and Bryan N. Price; J-Stowers
* The dealership seek declaratory and injunctive relief and money damages because it says the defendants, a mother and daughter, wrongly possess a 2008 Mazda 3 after financing fell through from an October 2008 transaction.
Case number: 09-C-201

July 8
Cynthia Means and Chanon Means vs. Hurricane Chevrolet Inc.
PA-Cameron S. McKinney; J-Spaulding
* The plaintiffs say the defendant dealership committed numerous fraudulent, unfair and deceptive acts or practices in the sale and financing of a 2008 Mazda 3. They seek compensatory and punitive damages and other relief.
Case number: 09-C-203

July 9
Chapman Funerral Home Inc. vs. Event By Wire Inc.
PA-J. Robert Leslie; J-Spaulding
* The plaintiff says it entered into a contract on Oct. 3, 2008, with the defendant. The defendant would lease plaintiff computer equipment and hardware allowing plaintiff to broadcast live feeds of funeral services via the Internet. Plaintiff says equipment did not perform as promised, and defendant didn’t provide technical assistance.
Case number: 09-C-204

July 10
Philip L. Scott vs. Rommel B. Abella and Medcare Therapy Center LLC
PA-Thomas H. Peyton; J-Spaulding
* On July 11, 2007, Scott was driving his 2004 Silverado on W.Va. 34 when Abella, an employee of Medcare, drove a company 2004 4-Runner into Scott’s truck. He seeks damages for mental anguish and distress, pain and suffering, medical expenses, lost earnings and lost earning capacity, loss of household services, aggravation, annoyance and inconvenience, loss of enjoyment of life, automobile damage, attorney fees, costs and other relief.
Case number: 09-C-205

Lacey Vannater (now Lacey Pickens) vs. Matthew Chad Warner
PA-Herbert L Hively II; J-Stowers
* Pickens was driving a 1998 S-10 on July 12, 2007, near W.Va. 34 near Winfield when Warner, driving a 2002 Lexus with the license plate “The Chad,” struck her vehicle. She seeks compensatory damages
Case number: 09-C-207

Probuild East LLC vs. Steorts Homebuilders LLC
PA-Roger A. Jarrell II; J-Spaulding
* Probuild contracted with Steorts to supply construction materials for a Scott Depot home. It seeks the amount of $48,454.61 plus interests and costs.
Case number: 09-C-208

Probuild East LLC vs. Steorts Homebuilders LLC
PA-Roger A. Jarrell II; J-Stowers
* Probuild contracted with Steorts to supply construction materials for a Scott Depot home. It seeks the amount of $36,579.61 plus interests and costs.
Case number: 09-C-209

July 13
Robert C. Wilson II vs. American Electric Power Service Corporation, American Electric Power Inc., Appalachian Power Company
PA-Henry E. Wood III; J-Spaulding
* Wilson was working for contractor Shaw Environmental Inc. at AEP’s John Amos plant on May 29, 2008, when a fan failure caused built-up pressure to blow out a wall, spilling dust, ash, arsenic and other toxins into the air. He had to climb four stories to fresh air, and it took several minutes. Also, he says AEP didn’t report the incident. He seeks compensatory and punitive damages.
Case number: 09-C-210

Rosemary S. Shank and Kenneth E. Shank vs. Cummings Collection Service Inc. and Ronald E. Riggs
PA-D. Scott Tyree and Travis W. Hoffman; J-Spaulding
* The Scott Depot plaintiffs say Riggs was driving a Cummings vehicle on Aug. 17, 2007, when he caused an accident on W.Va. 34 near Hospital Drive in Hurricane. They seek compensatory and punitive damages.
Case number: 09-C-212

July 15
Sasha Nicole Coiner vs. Junnie Allen Scarberry and City Linen & Towel Service
PA-Shawn R. Romano; J-Spaulding
* Coiner says Scarberry was driving a City Linen vehicle on W.Va. 34 in Winfield on July 25, 2007, when an accident occurred. Coiner seeks compensatory damages.
Case number: 09-0C-215

July 16
Delia Akers vs. Mountaineer Grading Company
PA-Kevin W. Thompson and David R. Barney Jr; J-Stowers
* Akers owns land in Fraziers Bottom and says Mountaineer Grading’s blasting on the U.S. 35 project in the spring and summer of 2008 damaged property, created a nuisance, was a trespass and was gross negligence. She seeks damages for damage to property, restoration costs, loss of use of property, loss of enjoyment of property, loss of recreational activities, diminished value of property, annoyance and inconvenience. She also seeks punitive damages, attorney fees, costs and other relief.
Case number: 09-C-217

Danny Akers and Catherine Akers vs. Mountaineer Grading Company
PA-Kevin W. Thompson and David R. Barney Jr; J-Stowers
* The Akers own land in Fraziers Bottom and says Mountaineer Grading’s blasting on the U.S. 35 project in the spring and summer of 2008 damaged property, created a nuisance, was a trespass and was gross negligence. They seek damages for damage to property, restoration costs, loss of use of property, loss of enjoyment of property, loss of recreational activities, diminished value of property, annoyance and inconvenience. They also seek punitive damages, attorney fees, costs and other relief.
Case number: 09-C-218

Calvin Akers and Tonja Akers vs. Mountaineer Grading Company
PA-Kevin W. Thompson and David R. Barney Jr; J-Stowers
* The Akers own land in Fraziers Bottom and says Mountaineer Grading’s blasting on the U.S. 35 project in the spring and summer of 2008 damaged property, created a nuisance, was a trespass and was gross negligence. They seek damages for damage to property, restoration costs, loss of use of property, loss of enjoyment of property, loss of recreational activities, diminished value of property, annoyance and inconvenience. They also seek punitive damages, attorney fees, costs and other relief.
Case number: 09-C-219

July 24
Stag-Parkway Inc. vs. Mountain State RV LLC and Jason Noffsinger
PA-James T. Cooper; J-Spaulding
* In March 2005, the parties signed an agreement for the plaintiff to sell parts and accessories to defendants. The defendants now owe $25,768.33 and refuse to pay. The plaintiff seeks that amount, interests, costs and fees.
Case number: 09-C-225

Bruce Myatt and Pam Myatt vs. Osh Assi
PA-pro se; J-Spaulding
* Moved from magistrate court, the plaintiffs say they bought gasoline at the defendant’s station. The gas, they claim, had water in it and damaged their 2007 Camry. They seek their $500 insurance deductible and $26 for the gasoline. They also seek costs. Assi, whose name actually is Achraf Assi, filed a counterclaim seeking compensatory and punitive damages for false actions and statements by the plaintiffs. He also seeks interest.
Case number: 09-C-228

David Maxson and Kim Maxson vs. Osh Assi
PA-pro se; J-Stowers
* Moved from magistrate court, the plaintiffs say they bought gasoline at the defendant’s station. The gas, they claim, had water in it and damaged their GMC Denali. They seek $754.50 in repair costs and $24.32 for the gasoline. They also seek costs. Assi, whose name actually is Achraf Assi, filed a counterclaim seeking compensatory and punitive damages for false actions and statements by the plaintiffs. He also seeks interest.
Case number: 09-C-229

WINFIELD – A Kanawha County man is suing his employer for a work-related injury he suffered two years ago.

David L. Rogers on June 15 filed suit against Toyota Motor Manufacturing Company of West Virginia. In his complaint filed in Putnam Circuit Court, Rogers, a Charleston resident, alleges an injury he sustained while working on an assembly line was preventable.

TMMCWV is a subsidiary of Toyota Engineering and Manufacturing of North America. According to the company Web site, TEAM is based in Erlanger, Ken., and manufactures 11 of the Japanese automaker’s vehicles at its 14 plants throughout the U.S., Mexico and Canada.

From its plant in Buffalo, TMMCWV produces 4-cylinder and V6 engines for plants in Indiana and Canada, and automatic transmission parts for plants in Kentucky, Indiana and Canada.

According to court records, Rogers, 38, was working on one of Toyota’s engine line assemblies on June 15, 2007. He began his employment with the company as assembly line team member eight months before.

On that day, Rogers says he was using a hoist to load the head of an engine to the engine block. While using it, Rogers alleges the hoist gave way, and injured him.

Rogers’ suit lacks specifics on the extent of his injuries. However, he alleges it has resulted in him enduring “great pain and suffering in mind and body,” for which “in the past [has] incurred, and in the future will incur, expenses for medical treatment.”

Also, Rogers alleges he has “sustained an impairment of his past, present, and future earning capacity.”

The injury, Rogers alleges, was avoidable. He claims that Toyota “had actual knowledge for the existence of such unsafe working condition” yet allowed it “to exist in the workplace which presented a high degree of risk and strong probability of serious injury or death.

Rogers’ wife, Teresa, 48, is listed is a co-defendant, and makes a claim for loss of consortium. They are seeking unspecified damages, court costs, attorney fees and interest.

The case is assigned to Judge Phillip M. Stowers

Putnam Circuit Court, Case No. 09-C-181

WINFIELD – A Putnam County funeral home is asking a judge to lay to rest a contract it signed last year with a California company to broadcast funerals via the Internet.

Chapman Funeral Home filed suit in Putnam Circuit Court on July 9 against Event by Wire. In its complaint, Chapman alleges equipment and hardware it bought from the Half Moon Bay, Calif.-based company did not perform as intended, and when they stopped making the monthly lease payments due to Event by Wire’s failure to provide technical support, Event by Wire threatened to turn the matter over to a collection agency.

According to court records, Chapman alleges one of Event by Wire’s salesmen, Tim Zeuch, made a call to Chapman’s office in Hurricane on Oct. 3. During his visit, Zeuch pitched Chapman on Event by Wire’s Worldwide Memorial service which enables funeral homes to broadcast live feeds of funeral services via the Internet.

The service, the suit alleges, would “allow distant family members to participate in funerals of their loved ones without actually traveling to the funeral home where the event was taking place.” The service, court records show, Event by Wire leasing Chapman a broadcasting kit, consisting of a digital camera, tripod, laptop computer and associated software.

According to the agreement, which is attached as an exhibit to the suit, Chapman was to pay Event by Wire a one-time start-up fee of $3,495, then $695 a month plus sales tax and software maintenance fees for the next 48 months. Zeuch, the suit alleges, said that the Worldwide Memorial service was ” ‘turn-key’” in that “the equipment and software would work in the manner specified and that support was provided in order to correct any technical difficulties.”

Though records are unclear as to when, the kit and software were delivered to Chapman after the agreement was signed. However, Chapman alleges neither the hardware or software “conform[ed] to the representations of the Defendant’s agreement at the time of the contract in that it simply did not work.”

Chapman alleges that Event By Wire has “failed to provide adequate technical assistance and service,” and at the time the suit was filed, “the computer hardware and software continues to fail to perform.”

Chapman’s complaint asks that the court grant it declaratory and injunctive relief.

Because Zeuch delivered detailed terms and conditions of the agreement after it was signed, Chapman is asking the court to declare the contract as unenforceable. Also, Chapman asks it be granted a temporary injunction prohibiting Event by Wire from turning them over to a collection agency.

At the time the suit was filed, Event by Wire alleged Chapman owed them $36,855.

Chapman is represented by J. Robert Leslie with the Hurricane law firm of Tyree, Embree and Leslie.

The case is assigned to Judge Phillip M. Stowers.

Putnam Circuit Court, Case No. 09-C-204

WINFIELD – Five lawsuits have been filed in Putnam Circuit Court recently relating to construction of the new U.S. 35. Four deal with damages to property from blasting with one alleging the construction was used as front for an investment scam.

All four property cases were filed by Fraziers Bottom residents against Mountaineer Grading Company. Mark and Roberta Burks on July 2, and Delia Akers, Danny and Catherine Akers and Calvin and Tonja Akers on July 16, all make nearly identical claims that blasting conducted by the Elkview-based company near Staves Branch and Evergreen roads during the spring and summer of 2008 damaged their property.

All four suits allege that Mountaineer Grading caused damages to the plaintiffs’ respective properties that included “blast/vibration damage to their dwelling, dust damage and diminution in the value of their property.” Also, all the suits allege the blasting resulted in a trespass and nuisance which resulted in, among other things, “loss of enjoyment of property, loss of recreational activities, diminished quality of life, annoyance and inconvenience.”

All the plaintiffs seek unspecified damages, court costs and attorney fees, and are represented by David R. Barney Jr. with the Williamson law firm of Thompson Barney.

$750K and blue sky

In the midst of the Burks’ and Akers’ filing their suits, Donald R. Carter filed his on July 6. In his suit, Carter alleges Debbie Joyce conspired with persons and corporations unknown to swindle him out of $750,000.

According to court records, Joyce, a Hurricane resident, approached Carter in May or June 2006 with an offer to buy 75 acres “near or adjoining the construction of the new West Virginia Route 35.” The exact location of the property is not stated in court records.

However, Carter alleges, Joyce, who made it clear she was just an agent and not the property’s owner, said in exchange for Carter buying the 75 acres at $10,000 an acre, she would help him resell it to a ” ‘Utah Company’” for a “150%-250% profit.”

Relying on Joyce’s representation that “the sale to the ‘Utah’ company was ‘already finalized,’” Carter purchased the property. The date of the purchase is not stated in court records.

Eventually in March, Carter discovered that all of Joyce’s statements were false including the existence of the third-party Utah company.

In his suit, Carter makes claims against Joyce for breach of contract, fraud, negligence and civil conspiracy. In addition to return of his $750,000, Carter is seeking unspecified compensatory and punitive damages, court costs and attorney fees.

He is represented by Hurricane attorney D. Adrian Hoosier II.

The Burks’ suit is assigned to Judge O.C. “Hobby” Spaulding with the others, including Carter’s, assigned to Judge Philip M. Stowers.

Putnam Circuit Court, Case Nos. 09-C-194 (Burks), 199 (Carter), 217 (Delia Akers), 218 (Danny and Catherine Akers), 219 (Calvin and Tonja Akers)

WINFIELD – In the course of just over a week, a Putnam County construction company was hit with four lawsuits from three contractors seeking payment for their services.

Dodrill Heating and Cooling and III Trees Inc., both of Hurricane, and ProBuild East, a Delaware Corporation with a principal location in Denver, Colo., filed suit in Putnam Circuit Court last month against Steorts Homebuilders of Hurricane. All three allege Steorts has failed to pay them for service or materials provided in construction of homes in either Scott Depot or Hurricane.

Records show both Dodrill and III Tress filed their suits on July 2. Dodrill’s suit names Ironton, Ohio residents Thomas L. and Sara B. Klein as co-defendants.

In their suit, Dodrill alleges that they are contracted by Steorts to provide “work and materials” for homes at 33 Chandler Dr., 319 and 365 Tyler Way in Scott Depot and 109 Chase Park in Hurricane. The Kleins are identified in court records as the owners of 109 Chase Park.

Though records do not state when work began on the homes, it apparently ended in late-2007 or early 2008 as Dodrill filed respective mechanic’s liens of $14,289, $13,662, $15,228 and $16,487 against the properties on Jan. 28, 2008.

The Tyler Way properties are subjects of the suits filed by III Trees and ProBuild.

In its suit, also filed July 2, III Trees alleges it provided $10,391.74 in labor and materials to Steorts for 365 Tyler Way, but was never paid. It’s mechanic’s lien was filed on Jan. 28.

On July 10, ProBuild filed separate suits for unpaid materials it provided in the construction for 319 and 365 Tyler Way. Both suits allege ProBuild began work for Steorts in March 2007, and made final deliveries to both properties on Nov. 13.

Despite sending invoices throughout much of 2008, ProBuild alleges “Steorts Homebuilders defaulted on its obligation to pay for the materials.” Records show on Feb. 11, it filed respective mechanic’s liens of $48,454.61 and $36,579.61.

Both Dodrill and III Trees are represented by Shawn R. Romano with the Charleston law firm of Romano and Olivio. In addition to enforcement of the mechanic’s liens, both suits make claims for breach of contract and unjust enrichment against Steorts, and seek unspecified damages, court costs, attorney fees and interest.

ProBuild is represented by Roger A. Jarrell II and, in addition to enforcement of their liens, seeks only interest and court costs.

The Dodrill and ProBuild East I cases are assigned to Judge O.C. “Hobby” Spaulding. III Trees and ProBuild East II are with Judge Philip M. Stowers.

Putnam Circuit Court, Case Nos. 197 (Dodrill),198 (III Trees),208 (ProBuild I), 209 (ProBuild II)

Calwell

WINFIELD – Fifty recently filed lawsuits allege Monsanto and related companies are responsible for causing cancer.

Each of the complaints, filed Aug. 3 in Putnam Circuit Court, say Monsanto and its successor companies caused cancer by exposing the plaintiffs to dioxins/furans contamination of the air and property in and around Nitro. The cases mention the “negligent and otherwise unlawful release of dioxin from defendants’ waste disposal practices on properties … located in and about Nitro, West Virginia.”

These individual cases, filed by Stuart Calwell and The Calwell Firm of Charleston, are not part of an ongoing class action involving thousands of current and former Nitro residents alleging Monsanto polluted the area with dioxin. The class action case specifies no specific damages, and the class-action plaintiffs seek medical monitoring.

The plaintiffs in the new cases, also represented by Calwell, are residents and former residents of Nitro or one or more of several surrounding communities of the now defunct chemical plant located near Nitro. They lived, worked or attended school in Nitro.

Monsanto owned and operated the plant from 1934 to 2000. From 1949 to 1970, the company produced an herbicide that was heavily contaminated with dibenzo dioxins and dibenzo furans. The complaints say the company disposed of the dioxin-contaminated waste in a way which caused dioxins to escape into the air.

The plaintiffs say their property and soil was contaminated.

“During the years that Old Monsanto was operating it’s trichlorophenol plant, it adopted an unlawful practice of disposing of dioxin waste materials by a continuous process of open ‘pit’ burning,” the complaints state. “This practice was largely denied by Old Monsanto whose representatives characterized the practice as an ‘incineration process’ when asked by regulatory authorities.

“Old Monsanto and its successors … failed to adequately control the dioxin contaminated soils and other dioxin contaminated waste materials both on and off the plant site. Dioxins/furans continued to be re-deposited and re-distributed from the plant site and the off-site dumps so as to continue the process of air and property contamination.”

The complaints say the defendants knew of the dangers.

The defendants “should have known of the highly toxic properties of dioxin and that dioxin was and is a known promoter of cancer and that dioxin was and is a known human carcinogen,” the complaints state. The defendants “knew that the area around the Monsanto plant was populated with permanent residents who would likely live out their lives in the area contaminated.”

The complaints also detail the history of Monsanto and the company’s knowledge regarding dioxin. The Nitro plant produced herbicides, rubber products and other chemicals, including Agent Orange.

Dioxin has been linked to cancer, birth defects, learning disabilities, endometriosis, infertility and suppressed immune functions.

The plaintiffs seek compensatory damages for medical bills past and future, lost wages, pain and suffering, mental anguish and loss of enjoyment of life. They also seek punitive damages for the “willful, wanton and reckless” actions of the defendants “evidencing a callous disregard for the health and wellbeing of the residents of the Nitro area.”

Putnam Circuit Court case numbers 09-C-243 through 09-C-282

Aug. 3
Putnam Village Partners LLC vs. Stefano DiLeonardes
PA-J. Robert Leslie; J-Spaulding
* The defendant allegedly has breached the terms of a lease and owes $48,748.09 plus fees and costs.
Case number: 09-C-233

Aug. 3
Numerous plaintiffs vs. Monsanto Company, Pharmacia Corporation, Flexsys America Co., Flexsys American LP, Apogee Coal Company LLC and Solutia Inc.
PA-Stuart Calwell; J-Stowers and Spaulding
* The plaintiffs allege that the defendant companies caused cancer by exposure to dioxins/furans contamination of the air and property in and around Nitro because of their waste disposal practices. They seek compensatory and punitive damages.
Case numbers: 09-C-234 through 09-C-283

Aug. 5
Fontaina Scott vs. Mountaineer Grading Company
PA-David R. Barney Jr.; J-Spaudling
* Scott owns property in Fraziers Bottom and says the defendant company’s blasting operations on the new U.S. 35 in 2008 affected her and her property. She lists property damage, nuisance, trespass, negligence and/or gross negligences and strict liability in her complaint. She seeks compensatory and punitive damages, attorney fees, costs and other relief.
Case number: 09-C-286

Mark Casto and Tonya Jean Casto vs. Moses Ford Inc.
PA-Shawn R. Romano; J-Stowers
* On Aug. 11, 2007, Tonya Jean Casto was driving her 2006 Ford Expedition on Interstate 64 when the left front tire blew out, causing her to turn sharply, strike the median barrier with her three-year-old daughter in the back seat. The plaintiffs claim the defendant company is responsible for her medical expenses. Her husband sues for loss of consortium. They seek compensatory damages.
Case number: 09-C-287

Tristen Beckett vs. Picerrne Management Company of Florida dba Sable Point Apartments and Donna Rorabaugh
PA-James M. Barber; J-Stowers
* Beckett, a resident of Sable Point Apartments, slip and fell on ice and snow on a common sidewalk on Jan. 29. The plaintiff says the defendants are negligent and seeks compensatory damages of $30,000 for medical expenses, aggravation, annonoyance, inconvenience, pain and suffering.
Case number: 09-C-288

Aug. 6
Sharon J. Williams Coleman vs. Donald Miller Harmon
PA-Harvey D. Peyton; J-Spauldling
* The plaintiff claims an auto accident on Sept. 15, 2007, was Harmon’s fault, and she seeks compensatory damages, interest, court costs and attorney fees.
Case number: 09-C-290

Aug. 7
Edna Jenkins vs. St. Mary’s Medical Center Inc., Huntington Emergency Physicians Group Inc., John P. Short D.O., Rodger Blake M.D., Dr. Moz-Long and Dr. Michael Stewart
PA-Anthony J. Majestro and J.C. Powell; J-Spaulding
* The plaintiff, who lives in Ashland, Ky., received medical care from the defendants in Huntington in Cabell County on Feb. 24, 2006, for an accident in Wayne County. She says the defendants failed to diagnose and treat a foreign object lodged in and around her eye resulting from the accident. She seeks compensatory damages, consequential damages, punitive damages, interest, court costs and attorney fees.
Case number: 09-C-300

Aug. 10
Lori Jones-Hicks, parent and next friend of Ashlee Star Hicks vs. Randy C. Burdette and Carolyn Burdette
PA-Joseph K. Reeder; J-Spaulding
* On Aug. 7, 2007, Ashlee was at the defendants’ Winfield home when she was “viciously attacked” by their “Boxer” dog. The plaintiffs, from Scott Depot, seek compensatory damages and for “Boxer” to be destroyed.
Case number: 09-C-301

Carter Sales and Services Inc. and Donald R. Carter vs. CKB Inc. dba C.H. Brown Co.
PA-D. Adrian Hoosier II; J-Stowers
* The plaintiffs say an oral contract between the plaintiff and defendant companies was breached by the defendant when it demanded full payment of $42,000 to bring account current. Plaintiffs seek a temporary injunction to keep their property. It also seeks attorney fees, costs and damages for annoyance and aggravation.
Case number: 09-C-303

WINFIELD – A Putnam County woman alleges a stroll she took through her neighborhood resulted in a trip to the hospital.

Courtney Kise on July 2 filed suit against the city of Hurricane. In her complaint filed in Putnam Circuit Court, Kise alleges an improperly maintained street caused her to fall and injure herself two years ago.

According to court records, Kise, 23, who lives on Rhoda Street, was walking with a baby stroller along Hurricane Avenue on July 24, 2007. Located two blocks from Rhoda, the area is predominately residential, but contains no sidewalks.

While walking on the street, Kise alleges she tripped and fell on an uneven portion of the roadway. The resulting fall caused a fractured ankle.

In addition to the portion where she fell, Kise alleges nearly all of “Hurricane Avenue was in a serious state of disrepair at the time of the incident, with multiple breaks and multiple gaps.” She further alleges city officials had “actual knowledge” of Hurricane Avenue’s state of disrepair.

The “negligence and carelessness” of the city to properly maintain Hurricane Avenue, Kise alleges, is a direct result of the injuries she sustained. In addition to medical expenses, Kise claims she’s incurred lost wages and earning capacity as well as endured pain and suffering, humiliation, embarrassment, annoyance, aggravation and mental anguish.

Kise is represented by Mark L. French with the Charleston law firm of Criswell and French. She is seeking unspecified damages, court costs, attorney fees and interest.

The case is assigned to Judge Phillip M. Stowers.

Putnam Circuit Court, Case No. 09-C-196

WINFIELD – Two Putnam County women and an automobile dealership have traded allegations of fraud regarding the purchase of a used car last year.

On July 6, Hurricane Chevrolet filed suit in Putnam Circuit Court alleging Cynthia L. Means, and her daughter, Chanon, committed fraud when they were unable to meet the terms and conditions of financing the purchase of a used Mazda. However, less then 48 hours later, the Means filed their own suit alleging they were the victims of fraud saying Hurricane Chevrolet not only concealed material facts about the car’s sticker price, and trade-in value, but also the terms of the financing.

According to court records, Chanon, 22, who lives with Cynthia, 46, on Rosewood Place in Hurricane, visited Hurricane Chevrolet on Oct. 23 with the intention of possibly buying a 2008 Mazda 3.

Chanon was attracted to Hurricane Chevrolet after hearing about its advertised special of a $3,000 trade-in allowance for any vehicle on the dealership’s lot regardless of the trade-in vehicle’s condition.

The car Chanon was trading in was a 1996 Pontiac, records show.

According to the Means’ suit, Hurricane Chevrolet agreed to accept her trade-in, and sell her the Mazda for $18,200. To finalize the deal, she would need a cosigner to secure financing, and make an additional payment of $1,000.

In its suit, Hurricane Chevrolet says it agreed to sell Chanon the Mazda for $20,840 “subject to the terms and conditions of a Spot Delivery Agreement.” The agreement, records show, allowed Chanon to take immediate possession of the car pending finalization of financing through a Retail Installment Sale Contract through a third party.

On Oct. 24, Hurricane Chevrolet alleges Capital One Auto Finance tentatively approved the Means for financing. Including the $1,000 down payment, the terms included proof of income, a current month’s mortgage statement and three references.

Also, by signing the Spot Delivery Agreement, the Means’ agreed that, in the event financing could not be obtained within four days, they would “immediately return the vehicle to the Hurricane Chevrolet or pay in full the amount due on the transaction.”

The Means acknowledge the sale price of the Mazda was $20,840, which was “substantially more than the advertised price of the subject vehicle.” This, the Means allege, reduced the trade-in value of the Pontiac to $360.

Also, they don’t dispute signing the “Spot Delivery Agreement” requiring the return of the Mazda “within 4 days” if financing could not be approved. However, when they left the dealership indicating their first monthly payment of $455.88 was due on Dec. 8, and later delivered the $1,000 down payment two weeks later, the Means thought the deal was final.

Sometime in late November or early December, the Means allege Hurricane Chevrolet called them to say their application for financing was rejected and insisted on the Mazda’s return. Hurricane Chevrolet alleges that Capital One declined to finance purchase of the car specifically due to Cynthia’s failure to provide a current mortgage statement.

Since they “have delivered all payments due under the contract, and otherwise performed all duties required of them pursuant to the contract,” the Means say they “do not desire to cancel the sale and return the subject vehicle.” The allege that Hurricane Chevrolet failed to transfer title and license of both the Mazda and Pontiac, charged them $650 for GAP insurance they did not request and “did not accurately disclose the vehicle’s mileage on the date of sale as required by law.”

In their suit, the Means make claims against Hurricane Chevrolet for breach of contract, unfair and deceptive acts or practices and fraud. They seek unspecified damages, and interest.

Among other things, Hurricane Chevrolet accuses the Means of fraud, breach of contract, unjust enrichment, false pretense and negligent misrepresentation. In addition to unspecified damages, court costs, attorney fees and interest, Hurricane Chevrolet is asking the court to declare the Spot Delivery Agreement as legally enforceable, thus making the sale of the Mazda null and void, and grant them immediate possession of the car.

Hurricane Chevrolet is represented by Johnnie E. Brown with the Charleston law firm of Pullin, Fowler, Flanagan, Brown and Poe while the Means are represented by Cameron S. McKinney with The Grubb Law Group in Charleston.

Hurricane Chevrolet’s case is assigned to Judge Phillip M. Stowers, while the Means’ case has been assigned to Judge O.C “Hobby” Spaulding.

Putnam Circuit Court Case Nos. 09-C-201 and 203