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Putnam woman sues convenience store for injuries from trip and fall

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WINFIELD – A Putnam County woman is alleging a Hurricane convenience store is responsible for injuries she sustained following a visit there last year.

Jackie E. Kerdsri filed suit against Mid Valley Mart LLC in Putnam Circuit Court on June 24. In her complaint, Kerdsri, a Hurricane resident, alleges construction materials near one of Mid Valley Mart’s entrances caused her to fall and sustain injuries.

According to her suit, Kerdsri went to Mid Valley Mart, located on U.S. 60 in Hurricane near Culloden, on July 16, 2009. Upon leaving, Kerdsri exited through a side door due to construction at or near another doorway.

After exiting Mid Valley Mart, Kerdsri “tripped and fell into a pile of concrete and other ruble from the construction zone.” The fall resulted in her sustaining a fractured left foot.

Kerdsri seeks unspecified damages, court costs and interest. She is represented by William E. Murray with the Charleston law firm of John R. Mitchell.

The case is assigned to Judge Phillip M. Stowers.

Putnam Circuit Court case number 10-C-212


CIVIL FILINGS: Putnam County

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July 20
Advanced Technical Solutions LLC vs. Thomas A. Joyce
PA-Kenneth E. Webb Jr.; J-Spaulding
* ATS says Joyce entered into noncompete agreements and a nondisclosure of trade secrets agreement when he started working there in 2005. Earlier this year, he left his ATS job to work for competitor Alpha Technologies Inc., which is within the 50-mile radius of ATS in Scott Depot. ATS says Joyce could use his knowledge of ATS customers and proprietary information at Alpha. ATS alleges breach of contract. It seeks a preliminary and permanent injunction to keep Joyce from working within a 50-mile radius of ATS for one year and from soliciting business from ATS customers and from disclosing ATS trade secrets. ATS also seeks damages and other relief.
Case number: 10-C-240

Phone book publisher sues Fayette business for unpaid advertising

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WINFIELD – A Pennsylvania telephone book publisher is suing a Fayette County contractor for failing to pay for advertising in one of their directories.

Ogden Directories Inc. filed suit against Bradley L. Bowe and River Valley Contracting LLC in Putnam Circuit Court on June 28. In their complaint, Ogden, an Altoona, Penn. business with offices in Winfield, alleges Bowe and River Valley, located in Fayetteville, is in arrears over $7,500 for unpaid advertising.

According to the suit, Bowe and River Valley “entered into contracts with [Ogden] in which [they] agreed to pay money to [them] in return for advertising in a phone book published by [Ogden].” The date this was done is not stated in court records.

Also not stated in court records is the edition of which Ogden Directories the advertisement was published. Nevertheless, Ogden alleges Bowe and River Valley “breached the terms of the contract entered into between [them] by failing to fully pay [Ogden] all moneys owed to [Ogden] under the terms of the contract entered between the parties.”

Ogden seeks judgment against Bowe and River Valley for $7,528.52 plus pre- and post-judgment interest, attorney fees and court costs. They are represented by Gerald Hayden with the Beckley law firm of Hayden and Hart.

The case is assigned to Judge Phillip M. Stowers.

Putnam Circuit Court, case number 10-C-217

Wood Co. woman sues Putnam McDonald’s for slip-and-fall injury

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WINFIELD – A Wood County woman is suing a Putnam County McDonald’s franchise for injuries she sustained there two years ago.

April Wise filed suit against McDonald’s of Teays Valley on June 15 in Putnam Circuit Court. In her complaint, Wise, a Parkersburg resident, alleges, no sooner did she walk into the restaurant than she slipped and fell resulting in multiple injuries to her body.

Along with McDonald’s of Teays Valley, John Does 1-4, John Doe Entity, McDonald’s Restaurants of West Virginia Inc, McDonald’s Corp. and McDonald’s USA LLC are named as co-defendants in the suit.

According to her suit, Wise entered the McDonald’s on W.Va. 34 in Teays Valley off the Interstate 64 exit on June 16, 2008. Upon entering the foyer, she alleges “she slip[ped] and fell due to a wet floor.”

At the time of the incident, Wise alleges “there were no warning signs posted within the proximity of the foyer” and “the non-slip mat/carpet was removed from the foyer.” Also, she maintains “the manager, employees, and/or the store operator should have known said foyer was wet and that is was slippery.”

As a result of the fall, Wise alleges she “sustained personal injuries of a serious nature, including but not limited to injuries to her back, neck, right arm and wrist.” The injures have resulted in her sustaining “pain, discomfort, annoyance, inconvenience…medical expenses … and lost wages.”

Wise seeks unspecified damages, court costs and attorney fees. She is represented by Maggie K. Wall with the Law Offices of G. Wayne Van Bibber and Associates in Teays Valley.

The case is assigned to Judge Phillip M. Stowers.

Putnam Circuit Court case number 10-C-197

Putnam attorney sued for $56K in credit card debt

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WINFIELD – A California bank is seeking to collect on over $55,000 in credit card debt owed them by a Putnam County attorney.

Wells Fargo Bank of Sacramento, Calif. filed suit in Putnam Circuit Court against Franklin L. Gritt Jr. In its two-count complaint filed on June 22, Wells Fargo alleges Gritt is in arrears $56,000 on two credit cards, and has failed to make any payments on them for over a year.

According to its suit, Wells Fargo issued Gritt both a Wells Fargo Business Line MasterCard and a Platinum Visa. Though records are unclear regarding the MasterCard, the Visa was issued on Feb. 26, 2006.

As of Feb. 26 and April 1, 2009, Gritt made purchases totaling $40,262.58 and $16,491.69 on the MasterCard and Visa, respectively. It is on those dates that Wells Fargo alleges Gritt stopped making payments.

Wells Fargo seeks judgment against Gritt in the total amount outstanding of the credit cards , $56,754.27, plus pre- and post-judgment interest, court costs and attorney fees. They are represented by J. Nicholas Barth with the Charleston law firm of Barth and Thompson.

The case is assigned to Judge Phillip M. Stowers.

Putnam Circuit Court case number 10-C-207

CIVIL FILINGS: Putnam County

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July 22
Corky Wells Electric Inc. dba CW Electric Inc. vs. Brasch-Barry General Contractors Inc. and Edward H. Street Jr. dba Ed Street Company
PA-Justin D. Jack; J-Spaulding
* The Kentucky-based plaintiff says the defendants — based in Kentucky and Tennessee, respectively — still owe $56,236.64 for labor, equipment and materials furnished for the construction of the Walgreens in Hurricane. It jointly and severally seeks a lien, pre- and post-judgment interest, attorney fees, court costs and other relief.
Case number: 10-C-244

CIVIL FILINGS: Putnam County

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July 26
Baker Leasing LLC vs. North American Services Group LLC
PA-J. Robert Leslie; J-Spaulding
* The plaintiff, based in Scott Depot, says the defendant, based in New York, entered into a lease agreement on June 15, 2009, for property in Winfield. Defendant was to pay $3,000 per month until June 14, 2010. Defendant breached that contract, and the plaintiff seeks unpaid rent, real estate taxes and a Department of Environmental fee totaling $32,840.59 plus attorney fees, court costs and pre- and post-judgment interest.
Case number: 10-C-247

July 28
Protection Services Inc. vs. Young Builders & Construction Inc.
PA-Ryan S. Marsteller; J-Stowers
* Defendant allegedly hasn’t paid for $21,602.62 of goods sold to it by defendant. It seeks that amount plus pre- and post-judgment interest as well as any court costs.
Case number: 10-C-250

Putnam contractor still owes $20K, suit alleges

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WINFIELD – A Pennsylvania traffic management company is suing a Putnam County contractor for allegedly failing to pay for services provided on a project in the Mid-Ohio Valley.

Protection Services, Inc., filed suit against Young Builders and Construction, Inc., in Putnam County Circuit Court on July 28. In its complaint, PSI — a Harrisburg, Pa. business — alleges Young, located in Nitro, has failed to pay over $20,000 for traffic control devices and equipment for a project in Wirt County.

According to the suit, PSI extended a line of credit to Young on Oct. 9, 2007.

The agreement called for Young to pay on any invoice PSI submitted within 30 days or incur an annual 15 percent service charge, and “pay collection costs and expenses in the event of default,” the suit alleges.

Records allegedly show PSI provided traffic signals for Young on a project in Elizabeth from Oct. 9, 2007-July 27, 2009. According to an invoice attached as an exhibit, Young, to date, has paid $77,481.34 toward the total bill of $99,083.96.

Protection Services seeks $21,602.62 plus court costs and interest.

It is represented by Ryan S. Marsteller of the Huntington law firm of Bailes, Craig and Yon.

The case is assigned to Judge Phillip Stowers.

Putnam Circuit Court, case number 10-C-250.


Putnam tech company sues former employee

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WINFIELD – A Putnam County-based technology company is suing one of its former employees for allegedly violating the terms of a non-competition agreement.

Advanced Technical Solutions LLC, of Scott Depot, filed a breach of contract suit July 20 against Thomas A. Joyce in Putnam County Circuit Court. In its complaint, ATS alleges Joyce, of Hurricane, led them to believe he would be leaving the area to work for another job when he left to go work for a local rival.

According to the suit, Joyce came to work at ATS on Nov. 21, 2005, as an IT technician engineer. As a condition of employment, ATS had Joyce sign two non-competition agreements, and one confidentiality agreement.

The non-competition agreements –- which are attached to the suit as exhibits –- stipulated that Joyce not work for an ATS competitor within a year of leaving ATS, and for one not within a 50-mile radius of Scott Depot.

In signing the confidentiality agreement, Joyce agreed not to “disclose to others any trade secrets, confidential information, or any other confidential or sensitive date of the employer.”

On May 19, Joyce gave ATS notice of his resignation from the company effective June 2, the suit says. Though he refused to say where he would be going, ATS alleges Joyce told management that “he would not be working within 50 miles of ATS.”

On a date not specified, ATS alleges it learned that Joyce was working for Alpha Technologies in Hurricane. Alpha is located less than 2 miles from ATS.

Upon learning Joyce was working for Alpha, ATS sent him a letter on June 28 asking him to “cease all activities” in breach of both the non-compete agreements and the non-disclosure agreement.

In a letter dated July 6, Joyce denied he was in violation of any of the agreements.

ATS alleges that since leaving their employ “Joyce has the opportunity and has used his knowledge of ATS’ customers and ATS’ proprietary information including technical information regarding products and services and pricing in his employment with Alpha Technologies.”

Along with unspecified damages, ATS seeks an injunction enforcing the non-competition agreement and soliciting any business from ATS’ clients for a year.

It is represented by Kenneth E. Webb Jr. and Elizabeth D. Walker with the Charleston law firm of Bowles, Rice, McDavid, Graff and Love.

The case is assigned to Judge O.C. “Hobby” Spaulding.

Putnam Circuit Court, case number 10-C-240

Contractor seeks sale of Hurricane Walgreens property

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WINFIELD – A Kentucky contractor is demanding it be paid immediately for work it allegedly completed last year on a Walgreens drug store in Hurricane.

CW Electric, Inc., filed suit against Brash-Barry Contractors, Inc., and Ed Street Company on July 22 in Putnam County Circuit Court.

In its complaint, CW Electric — an Ashland, Ky., electrical contractor — alleges Brasch-Barry, of Louisville, Ky., and Street, of Johnson City, Tenn., still owe them over $55,000 for work performed on the Walgreens from Oct. 2008-Nov. 2009.

According the suit, Street is the owner of the Walgreens property on the corner of West Virginia 34 and County Road 19 in Hurricane. Street, on Sept. 29, 2008, hired Brasch-Barry to construct the Walgreens store, the suit says.

About a month later, CW Electric says it was hired by Brasch-Barry for $158,000 as a sub-contractor. The agreement allegedly called for CW Electric “to provide labor, equipment, and materials to complete all concrete work, less concrete stem walls, per plans and specs for use in the erection of Walgreens Store #12678.”

During the course of construction, CW Electric says, at Street’s request, it entered into some change orders that increased the amount CW Electric was to be paid by $2,258. Nevertheless, it was able to complete all work under contract by Nov. 12, the suit says.

Upon completion of the work, CW Electric alleges Brasch-Barry only paid them $104,291.36. Two months after completing the work, records show they filed a mechanic’s lien on the property for remaining $56,236.64.

CW Electric asks in its suit that a mechanic’s lien be enforced by the sale of the property “by the Sheriff of Putnam County… and that all proceeds of the sale be applied to Plaintiff’s claim.”

In addition to enforcement of the mechanic’s lien, CW Electric makes a demand for payment of court costs, attorneys fees and interest.

It is represented by Justin D. Jack with the Charleston law firm of Flaherty, Sensabaugh and Bonasso.

The case is assigned to Judge O.C. “Hobby” Spaulding.

Putnam Circuit Court, case number 10-C-244

CIVIL FILINGS: Putnam County

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July 28
Michelle D. Wells vs. Harold S. Albertson
PA-pro se; J-Spaulding
* Wells said her mother Mary Wells hired Albertson, an attorney, to keep her ex-husband from moving her sons to Alabama. She alleges Albertson is guilty of legal malpractice and seeks at least $500,000 for pain and suffering of her children and herself.
Case number: 10-C-252

July 30
City of Hurricane vs. Davis & Burton Contractors Inc.
PA-Ronald J. Flora; J-Spaulding
* Hurricane says the defendant, based in Kentucky, was a subcontractor on the Walgreen’s project in Hurricane. It says D&B owes outstanding business and occupation taxes of $5,152.87.
Case number: 10-C-254

Sandra Sigmon, administratrix of the estate of Amanda Drake vs. Thomas J. Rittinger, M.D.
PA-Robert P. Welsh; J-Stowers
* Sigmon is the mother of the late Drake. She says Rittinger failed to properly care for Drake during a visit to Teays Valley Hospital in 2008, and that failure led to Drake’s death. She seeks compensatory and punitive damages, as well as pre- and post-judgment interest and costs.
Case number: 10-C-257

Aug. 2
David H. Sanson vs. Putnam Public Service District fka South Putnam Public Service District; Pipe Plus Inc. and Howard K. Bell, Consulting Engineers Inc. dba Bell Engineering
PA-Marvin Masters; J-Stowers
* Sanson was weed-eating along the Windsong Acres with wife Sherry Sanson and son Luke when he stepped in an undetectable manhole on Sept. 6, 2009. He seeks joint and several compensatory and punitive damages as well as pre- and post-judgment interest, costs and other relief.
Case number: 10-C-258

Aug. 9
The Huntington National Bank, as trustee of the Retirement Plan for Employees of Herbert J. Thomas Memorial Hospital vs. Dreema F. Hodges
PA- Robert L. Bandy; J- Phillip Stowers
* Hodges was employed by the plaintiff until June 1, 1998. As part of her retirement package, Hodges began receiving pension payments in the amount of $590.95 per month until her 65th birthday, according to the suit. The plaintiff claims the payments were to cease after December 2004, but continued through August 2009, which was an overpayment of her payout election under the pension plan. Hodges continued to accept the overpayments, which amounted to $33,093.20. The bank is seeking damages in the amount of $33,093.20.
Case number: 10-C-268

Aug. 10
Carolyn Rogers vs. Harold Hatfield, superintendent, and Putnam County Board of Education
PA- Dwight J. Staples; J- Phillip Stowers
* Rogers has been a school teacher for 29 years and is employed by the defendant. A hearing has been set for Aug. 16 regarding the 30-day suspension and the improvement plan because of a non-consensual secret tape recording carried out by Kathy Crouse, a parent of a student in Rogers’ classroom. Rogers claims the defendants failed to supply her with a copy of the tape and suspended her on Nov. 3, 2009. She claims she has requested a written statement of the reasons for her suspension and the tape recording but has not received them. Rogers is seeking an order staying the Aug. 16 hearing to permit adequate time to confront findings of any report and tape recordings and to prohibit suspension as being based on illegally obtained evidence.
Case number: 10-C-271

Huntington National sues Hurricane woman for breach of contract, unjust enrichment

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WINFIELD — The Huntington National Bank is suing a Hurricane woman for breach of contract and unjust enrichment.

The bank is the trustee of the Retirement Plan for Employees of Herbert J. Thomas Memorial Hospital, according to a complaint filed Aug. 9 in Putnam Circuit Court.

On June 1, 1998, Dreema F. Hodges ceased her employment with Thomas Memorial and as part of her retirement package, began receiving pension payments in the amount of $590.95 per month until her 65th birthday, according to the suit.

The bank claims the pension payments were to cease after December 2004, but from January 2005 until August 2009, Hodges continued to receive the plan payments, which was an overpayment of her payout election under the pension plan.

Hodges continued to accept the payments until August 2009, even though she was aware that upon her 65th birthday the payments were to cease, according to the suit.

The bank claims Hodges participated in the calculation of her pension payouts and had determined the payout schedule, which meant she knew or should have known the continued payments were not entitled to her. It claims Hodges never notified the bank or Thomas Memorial of the overpayments, nor did she return the money.

The bank is seeking damages in the amount of $33,093.20. It is being represented by Robert L. Bandy.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 10-C-268

Manhole accident results in suit against Putnam PSD, contractors

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WINFIELD -– A Putnam County man is alleging a public utility provider, and two firms it hired to help construct a water main extension, are responsible for injuries he sustained while trimming weeds.

David H. Sanson has named the Putnam Public Service District, Howard Bell Consulting Engineers Inc. and Pipe Plus Inc. as co-defendants in a personal injury lawsuit in Putnam Circuit Court. In his complaint filed on Aug. 2, Sanson, 44, of Winfield, alleges all three failed to properly cover a manhole which he fell into last year.

According the suit, PPSD awarded contracts to Pipe Plus, of Nitro, and Bell Engineering, of Lexington, Ken., for the Kings River Water Main Extension in Windsong Acres. Bell was design and Pipe Plus was to install the water main.

On a date not specified, a manhole was constructed on the street in Windsong Acres “for the purposes of testing the lines.” Instead of placing a secure top on it, Sanson alleges the manhole was “filled or covered with plastic.”

The covering, Sanson alleges, became undetectable as dirt and other objects covered it over time. On Sept. 6, while trimming weeds along the street, Sanson alleges he fell into the manhole and injured his left knee, right arm and shoulder.

In his suit, Sanson maintains PPSD, Pipe Plus and Bell Engineering owed him a duty to ensure the water main “was safe, was not a nuisance, and did not present a dangerous condition or an unreasonable risk or harm.” As a result of their negligence, Sanson alleges she’s incurred physical and emotional pain and suffering, medical and hospital expenses, past and future lost value of household services, lost enjoyment of life and other human losses and hedonic damages.

Sanson seeks unspecified damages, interest and costs. He is represented by Charleston attorney Marvin W. Masters.

The case is assigned to Judge Phillip M. Stowers.

Putnam Circuit Court case number 10-C-258

Bank sues Putnam woman for $33K in early retirement overpayments

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WINFIELD –- An Ohio bank is suing a Putnam County woman to recoup nearly $35,000 in overpayments she received from her retirement plan.

Drema F. Hodges is named in a three-count lawsuit filed by Huntington National Bank in Putnam Circuit Court. In its complaint filed on Aug. 9, HNB, as trustee of the retirement plan of the employees of Herbert J. Thomas, alleges Hodges, 70, a Hurricane resident, knowingly accepted overpayments from the plan for five years.

Based in Columbus, Ohio, HNB has locations throughout West Virginia, including Charleston.

According to the suit, Hodges worked at Thomas Hospital in South Charleston until June 1, 1998. The suit does not say when she first started working there or what job she performed.

Nevertheless, she opted to take early retirement. By accepting early retirement, she was to be paid $590 a month from June 1998 until December 2004 when she turned 65.

The suit alleges Hodges continued to accept the $590 monthly payment from January 2005 until August 2009. HNB avers “Hodges was aware or should have been aware that such payments were in excess of what Ms. Hodges’ was entitled to receive and elected to continue to receive such overpayments even though she knew she was not entitled to the same.”

In accepting the overpayments, HNB accuses Hodges of unjust enrichement and breach of contract. It says the overpayments made to Hodges totalled $33,093.20. In the year since discovery of the overpayments, and the filing of the lawsuit, HNB maintains Hodges has “failed and refused, and continues to fail and refuse” to repay it.

Huntington seeks judgment against Hodges for $33,093.20, the total amount of the overpayments, plus court costs and post-judgment interest. They are represented by Robert Bandy with the Charleston law firm of Kay, Casto and Cheney.

The case is assigned to Judge Phillip M. Stowers.

Putnam Circuit Court case number 10-C-268

Putnam teacher wants Board to provide copy of secret tape made by parent

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WINFIELD –- A Putnam County teacher is demanding before any discipline is imposed on her the board of education produce a copy of an audio tape of her allegedly berating her students.

Carolyn Rogers, a kindergarten teacher at Buffalo Elementary, filed a writ of mandamus and petition for injunctive relief against both the Putnam Board of Education and Harold Hatfield, the superintendent of schools.

In her petition, Rogers seeks a court order compelling the Board and Hatfield to turn over an audio tape a parent secretly placed in her child’s backpack, and halting an Aug. 16 hearing to suspend her for 30 days without pay, and place her on a plan of improvement.

According to the petition, Rogers, along with her aide, Yvonne Francisco, were placed on paid leave Nov. 3 after Kathy Crouse accused them of verbally mistreating their students. Crouse backed up her allegations by providing the Board in October an audio recording that she placed in her son’s backpack over the course of several weeks.

According to press reports, Crouse became concerned when her son started acting act out shortly after the start of the 2009-10 school year. She decided to plant the tape recorder in the backpack when her requests to sit-in on Rogers’ classes were rebuffed by the school principal.

In her petition, Rogers avers that she’s made at least three requests to Hatfield and the Board on Oct. 19, May 7, and June 14, for a copy of the tape, all to no avail. Since the tape was made without her knowledge or consent, and is used as the basis for disciplining her, she maintains they have an obligation to provide it to her.

“Although counsel for the Petitioner requested discovery and a copy of the tape recordings, the Petitioner had not received same is now scheduled for a hearing before the Board of Education for a thirty (30) day suspension and an improvement period based on evidence from a nonconsensual illegally recorded tape recording of the Petitioner,” Rogers stated.

According to The Charleston Gazette, the Board still held a hearing on Aug. 16. Though they suspended Francisco for 30 days without pay, the Board postponed making a decision to discipline Rogers.

Following the hearing, Hatfield declined to say if Rogers’ petition played a role in the decision. Also, Rogers’ attorney, Dwight Staples, with the Huntington law firm of Henderson, Henderson and Staples, did not return repeated telephone calls left by The West Virginia Record.

As of presstime, a hearing has yet to be scheduled on Rogers’ petition.

The case is assigned to Judge Phillip M. Stowers.

Putnam Circuit Court case number 10-C-271


CIVIL FILINGS: Putnam County

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Aug. 20
Jackson F. Bowers vs. R.J.W. Construction Inc., Buffalo Shopping Center Inc., James W. Higginbotham, Richard Howard and Susan L. Howard
PA-John A. Grafton; J-Spaulding
* Bowers, who lives in Mason County, agreed to purchase a 20-acre tract of land in Mason County in 2002 from R.J.W. He says the defendants never provided a title to the mobile home located on the property, and he says he lost the ability to obtain a Homestead Exemption on property taxes because of the defendants’ errors. In 2009, Bowers entered into an agreement to trade the property to a third party, which would pay off the loan. But he learned R.J.W. was “neither able nor willing” to convey the property. In June 2009, Bowers received a Notice to Cure Default that contained errors. He claims breach of contract, interference with contract, violation of the state consumer protection act and wrongful eviction. He also seeks a court order declaring the rights and duties of the parties. He also seeks damages, penalties, attorney fees and expenses.
Case number: 10-C-281

Aug. 24
State ex rel Tammy Ann S. vs. Honorable William Watkins, Judge of the Family Court of Putnam County, West Virginia, and Warren Mark S.
PA-Mike Clifford; J-Stowers
* The plaintiff seeks a writ of mandamus directing the Family Court to hold an immediate hearing on the custody of parties’ 2-year-old child.
Case number: 10-C-283

Putnam doctor named in wrongful death suit

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WINFIELD -– A Putnam County woman is suing a family doctor for the wrongful death of her daughter.

Sandra Sigmon filed suit against Dr. Thomas J. Rittinger on July 30 in Putnam Circuit Court. In her complaint, Sigmon alleges Rittinger failed to diagnose a heart problem Drake had during a visit to the emergency room which resulted in her death a month later.

According to the suit, Drake went to the CAMC Teays Valley emergency room on April 3, 2008. Following evaluation she was admitted to the hospital the next day and remained there until April 6 while under Rittinger’s care.

Rittinger, Sigmon alleges, failed to properly evaluate and treat Drake during her three-day stay. Along with failing “to consider the personal and family history of Amanda Drake as they pertained to her complaints,” Sigmon alleges Rittinger failed to order appropriate testing for her including a “stress test, echocardiogram of the heart and cardiac catheterization, and consult with specialists, including cardiologists.

Instead of treating her for ischemic heart disease, Sigmon alleges Rittinger only treated Drake for “gastrointestinal symptoms until such point her condition became and was terminal, resulting in her death.” The suit alleges Drake died on May 3, 2008, after she suffered an apparent heart attack, and attempts to resuscitate her failed.

As a result of Rittinger’s alleged negligence, Sigmon maintains that she and Drake’s survivors, including her son, “have been and continue to be deprived of her love, comfort, companionship, advice, and other kindly offices.” Drake’s estate, to which Sigmon was appointed administratrix on Aug. 5, 2008, incurred funeral and burial expenses, and suffered the loss of her income.

Sigmon seeks unspecified damages, interest and costs. She is represented by Robert P. Welsh with the Masters Law Firm in Charleston.

The case is assigned to Judge Phillip M. Stowers.

Putnam Circuit Court case number 10-C-257

CIVIL FILINGS: Putnam County

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Aug. 25
Carpet Craft Corporation vs. Design Materials Inc.
PA-Harvey Peyton; J-Spaulding
* Carpet Craft purchased 48 cartons of Caravel natural cork tile from the Kansas City-based defendant on Sept. 26, 2008, along with adhesive, molding, underlayment and freight costs. The total was $12,233.37. Carpet Craft says the products were not reasonably fit for purchase and were not marketable and seeks damages of $10,531. It also seeks interest and costs.
Case number: 10-C-285

Bobby J. Taylor and Donna S. Taylor vs. Teavee Oil & Gas Inc. and Putnam Natural Gas Company
PA-Harvey Peyton; J-Spaulding
* Plaintiffs own 14.9 acres in Scott District and own at least one half interest in oil, gas and mineral rights. The land contains an old gas well. In 2006, they say the defendants resumed natural gas production from the well and have removed more than $150,000 worth so far. They seek damages, pre-judgment interest, costs and expenses.
Case number: 10-C-286

Aug. 26
PP&J Structures And General Contracting LLC vs. Brian K. Null, Angela D. Null, Mortgage Electronic Registration Systems Inc. and NFM Inc.
PA-J. Robert Leslie; J-Spaulding
* PP&J says it did work on the Null residence in Cross Lanes for a total of $12,476.75. The Nulls have not paid, and PP&J seeks that amount for breach of contract and unjust enrichment. It also seeks a mechanics lien as well as attorney fees, pre- and post-judgment interest and other relief.
Case number: 10-C-288

CIVIL FILINGS: Putnam County

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Sept. 15
T.L. “Tommy” Tallent and Shawnee D. “Shawn” Tallent, husband and wife vs. Franklin R. Pifer; Debra Tygret; Michael J. Finissi; American Electric Power Company a/k/a AEP, a corporation; and Sun Technical Services, a corporation
PA- James D. McQueen Jr., Amanda J. Davis
* On May 5, Mr. Tallent’s employment was involuntarily terminated on the grounds that he abused the AEP vehicle use policy and that he improperly applied for and/or received per diem payments during an unspecified period of time. Mr. Tallent claims he was unfairly terminated and not allowed to retire as planned. Mrs. Tallent, who worked for Sun Technical Services, was also terminated from her employment in May. The Tallents claim they did not receive their final wages within 72 hours of termination. They are seeking compensatory and punitive damages.
Case number: 10-C-310

Milton couple sues AEP, others for wrongful termination

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WINFIELD — A Milton couple is suing American Electric Power Company and Sun Technical Services after they claim their employment was wrongfully terminated.

Franklin R. Pifer, Debra Tygrett and Michael J. Finissi were also named as defendants in the suit.

On May 5, T.L. “Tommy” Tallent’s employment was involuntarily terminated on the grounds that he abused the AEP vehicle use policy and that he improperly applied for and/or received per diem payments during an unspecified period of time, according to a complaint filed Sept. 15 in Putnam Circuit Court.

Tallent claims he was unfairly terminated and not allowed to retire as planned. Tallent’s wife, Shawnee D. Tallent, also worked for AEP and was terminated from her employment in May.

The Tallents claim they did not receive their final paychecks until more than 72 hours after termination.

The Tallents are seeking compensatory and punitive damages. They are being represented by James D. McQueen Jr. and Amanda J. Davis.

Putnam Circuit Court case number: 10-C-310

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