Sept. 29
SKPR WV-1 LLC vs. Whittaker LLC
PA-Paul J. Loftus; J-Stowers
* The plaintiff company owns and operates a Hampton Inn in Teays Valley that is adjacent to property owned by Whittaker. SKPR says water draining from Whittaker’s property intrudes on its property, resulting in damages, health hazards and impairment of its commercial activities. It seeks an injunction requiring Whittaker LLC to comply with ordinances, a court order enjoining Whittaker LLC, past and future expenses, past and future losses, court costs, legal fees and other relief.
Case number: 10-C-325

Sept. 30
Kathryn Briscoe vs. Rebecca Briscoe (Chapman)
PA-pro se; J-Spaulding
* The plaintiff says she allowed the defendant to use her Discover credit card in October 2008 to pay for dentures for herself and to have her teeth pulled. The totals for those were $5,890. The defendant made two $100 payments, but then stopped when she filed for divorce from the plaintiff’s son. Plaintiff seeks the rest of the amount, interest, court costs and $2,500 for mental stress and hardship.
Case number: 10-C-328

Oct. 8
Nitro Electric Company LLC vs. Inter-Mountain Mechanical Contractor Inc.
PA-Daniel J. Konrad; J-Stowers
* The plaintiff says it is owed $29,473 for services and supplies for work at the AEP Kanawha River Power Plant. It seeks that amount, interest and costs.
Case number: 10-C-343

Oct. 21
Benjamin and Judith Torman vs. Advantage Home & Environment Inspections Inc.
PA-Jon D. Hoover; J-Spaulding
* The Tormans, who live in Hurricane, had the defendant perform an inspection of the home they now live in on July 7, 2008. They claim Jared Gray, working for the defendant, failed to note that the interior finishes, upstairs interior walls, light fixtures, wiring, chimney, kitchen flooring and/or downstairs bathroom had any “major concerns” or “safety issues.” So they purchased the home on July 17, 2008. Since then, they have noticed problems with all of the above listed issues. They have received numerous estimates for repairs and have paid to have repairs made. They seek compensatory and punitive damages, pre- and post-judgment interest, court costs, expenses and attorney fees.
Case number: 10-C-352

Nov. 15
Jennifer D. Rollins and Aaron Rollins vs. Donnie R. Workman, Eugene A. Workman and Barbara F. Workman
PA-Frank Armada; J-Spaulding
* Jennifer Rollins was walking along the road near her home in Red House when she says Donnie Workman hit her with his vehicle while he was driving drunk, launching her 30 feet. He fled the scene, and she suffered injuries including spleen rupture, lacerated liver, skin lacerations, broken bones, bruises, contusions and abrasions. Her injuries also made it impossible for her to have children. She has and will suffer pain and discomfort. And she had to have a device implanted to prevent blood clotting in her lower extremeties. She has seen medical expenses of at least $218,000 and will see more. She says she will see decreased earning capacity. And her husband claims a loss of consortium. They seek compensatory and punitive damages as well as pre- and post-judgment interest.
Case number: 10-C-378

Nov. 18
Mirna Dankiewicz, administratrix of the estate of Darby Suarez Dankiewicz vs. Putnam County Commission dba Putnam County Emergency Medical Services
PA-Richard Lindsay; J-Spaulding
* The plaintiff says the defendants are responsible for her nine-month-old son’s death on Oct. 31, 2008. She says they failed to take proper care of him in transport to Cabell Huntington Hospital when they negligently failed to notice or correct a dislodged tracheotomy tube. She seeks compensatory and punitive damages, pre- and post-judgment interest, court costs and other relief.
Case number: 10-C-387

WINFIELD –- A Kanawha County woman is alleging paramedics contributed to the death of her infant son when he died en route to the hospital.

Mirna Suarez Dankiewicz filed a wrongful death suit against the Putnam County Emergency Medical Services on Nov. 18 in Putnam Circuit Court. In her complaint, Dankiewicz alleges paramedics were negligent in monitoring the condition of her son, Darby, when he was rushed to the hospital two years ago for breathing problems.

According to the suit, Dankiewicz called 911 on Oct. 31, 2008, to request Darby be transported to the hospital. The suit does not provide specifics as the reason for her call or where she was calling from.

However, at a time not specified, a PCEMS ambulance arrived in response to Dankiewicz’s call. They were alerted to the fact Darby, who was nine months old at the time, required the assistance of a tracheostomy tube to breathe.

After Darby was placed on a cot, Dankiewicz alleges “he became blue and began experiencing respiratory distress.” After they “‘bagged’” and suctioned Darby “‘through the trach’” the paramedics then transported him to Cabell-Huntington Hospital’s emergency room.

According to the suit, the attending ER physician noted Darby “‘appeared lifeless, pale and had no palpable pulse.’” Also, the physician, who is not identified in court records, “discovered that the ‘entirety of tracheostomy tube’ was lying anterior to the chest wall.”

Because he arrived at the hospital in full respiratory distress, the suit maintains the physician, and other hospital staff, immediately began attempts to resuscitate Darby. However, those attempts were unsuccessful.

According to the suit, Darby’s cause of death was listed as “asphyxia due to an accident.” The physician believed Darby must have been “without ventilation for a period of about thirty minutes” while in the ambulance.

In her suit, Dankiewicz alleges PCEMS was negligent in Darby’s death by the paramedics failing to notice his tracheostomy tube became dislodged while en route to Cabell-Huntington. As a result of Darby’s death, Dankiewicz alleges she’s suffered “mental anguish, pain and suffering, and loss of enjoyment of life.”

Dankiewicz seeks unspecified damages, interest and court costs. She is represented by Richard D. Lindsay with the Charleston law firm of Tabor, Lindsay and Associates.

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

Third wrongful death suit

Dankiewicz’s is the third suit accusing PCEMS of wrongful death during this decade.

PCEMS was first sued in 2003 by the estate of Robert Lee Fitch. The suit, filed by Fitch’s sister, Delores F. Hetzer, made allegations similar to Dankiewicz’s in that after Fitch, an adult male suffered a heart attack in Teays Valley in 2001, he was treated by paramedics, and transported to nearby Putnam General Hospital only to have endotracheal tube he’d bee fitted with become dislodged during transport.

Though hospital staff was able to reinsert the tube and resuscitate him, Fitch was later pronounced brain dead. He died a day later after his family made the decision to remove him from life support.

Records show PCEMS, through its parent agency, the Putnam County Commission, settled the suit in January 2005, agreeing to pay the estate $110,000. Hetzer and her other brother, Roger Fitch, received $56,544.91 with the remaining $42, 815.09 paid to the estate’s attorney, John E. Lutz.

Three years later, Angela Wagner filed suit against PCEMS alleging two paramedics contributed to the death of her brother, Arthur Ray Baker. In her suit, Wagner alleged they made Baker, an asthmatic, walk down two flights of stairs before putting him on a stretcher in order to transport him to Putnam General.

Baker, who called 911 on May 3, 2006, complaining of breathing problems, died after his arrival to the hospital as a result of acute respiratory failure due to bronchial asthma.

The suit was settled in April with PCEMS agreeing to pay Baker’s estate $85,000. Records show $40,000 went into an annuity for Baker’s two children, Zachary and Chelsea, to receive when they each turn 25 with another $10,000 paid to Baker’s mother to reimburse her for his funeral expenses.

The remaining $35,000 went to the estate’s attorney, Matthew Lindsay, for legal fees, and expenses. Lindsay is with the firm representing Dankiewicz in her suit.

Putnam Circuit Court case number 10-C-387 (Dankiewicz)

Nov. 19
West Virginia Mutual Insurance Company vs. Thomas Francis Scott, M.D.; Scott Orthopedic Center, Inc.; and Victoria Carovillano
PA- D.C. Offutt, W. Stephen Flesher; J-Spaulding
* The insurance company denied Scott coverage after he sexually harassed Carovillano, his patient. Scott contended that WVMIC was incorrect and breached its contractual duties. WVMIC is asking for the court to enter an order declaring the defendants are not entitled to a defense, coverage or indemnity under the terms and conditions of the Medical Professional Liability Policy of Insurance.
Case number: 10-C-388

WINFIELD – An insurance company that denied coverage to a Huntington physician who admitted to sexually harassing a patient is now suing Scott Orthopedics and the physician.

Victoria Carovillano, the woman who claimed she was sexually harassed by Dr. Thomas F. Scott, was also named as a defendant in the suit.

West Virginia Mutual Insurance Company claims after it denied Scott coverage, he and his counsel contended that WVMIC was incorrect and breached its contractual duties, according to a complaint filed Nov. 19 in Putnam Circuit Court.

Carovillano filed a lawsuit against Scott in Cabell Circuit Court on June 25, claiming Scott made advances on her and made her feel uncomfortable. The West Virginia Board of Medicine ordered Scott to be publicly reprimanded for his conduct and for him to attend and successfully complete a Board approved Continuing Medical Education ethics course, to which Scott agreed.

WVMIC claims it received a letter from Scott’s attorney, David Lockwood, on Aug. 31, stating that the allegations “fall squarely within the Insuring Agreement and the applicability of the ‘sexual contact’ exclusion is disputed,” and asking the insurance company to reconsider its position in regards to the denial of coverage and defend Scott. The letter also said that Lockwood and Scott had already consulted with other attorneys regarding coverage if WVMIC did not defend Scott.

WVMIC is asking for the court to enter an order declaring that Scott and Scott Orthopedic Center are not entitled to a defense, coverage or indemnity under the terms and conditions of the Medical Professional Liability Policy of Insurance. It is also asking that the court enter an order that Carovillano is not entitled to recover any sums directly or indirectly from the Medical Professional Liability Policy of Insurance issued to Scott and Scott Orthopedic Center for any of the allegations from her lawsuit. The insurance company is being represented by D.C. Offutt and W. Stephen Flesher.

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

Putnam Circuit Court case number: 10-C-388

Dec. 23
Donald Simonton, personal representative of the estate of Linda Bea Simonton vs. Teays Valley Haven Limited Partnership dba Teays Valley Nursing and Rehabilitation Center aka Teays Valley Center, Genesis Healthcare Corporation and Charleston Area Medical Center Inc. dba Charleston Area Medical Center-Teays Valley
PA-Andrew L. Paternostro and Jeff D. Stewart; J-Spaulding
* The plaintiff says the defendants failed to properly care for the deceased and failed to properly diagnose and treat her during her stay and treatment. He claims negligence and wrongful death. He seeks compensatory and punitive damages as well as attorney fees and other relief.
Case number: 10-C-423

Jan. 4
Joshua D. Weaver vs. Enerfab Inc. and American Electric Power Company Inc.
PA-Franklin L. Gritt Jr.; J-Spaulding
* Weaver, who lives in Racine, Ohio, was working as a contractor for American Refractory Company at AEP’s John Amos Power Plant on Jan. 8, 2009, when he was injured by a falling piece of steel. He blames the defendant companies. He seeks joint and several compensatory damages, interest, court costs, attorney fees and other relief.
Case number: 11-C-1

WINFIELD – An Ohio man is seeking compensation after being injured while working at a Putnam County power plant.

Joshua D. Weaver of Racine, Ohio, filed his complaint Jan. 4 in Putnam Circuit Court. He lists Enerfab Inc. and American Electric Power Company Inc. as defendants.

Weaver was working at AEP’s John Amos Power Plant on Jan. 8, 2009, as an employee of American Refractory Company LLC when he was struck by a falling piece of steel. He says Enerfab and AEP are responsible for his injuries.

He says he suffered serious, permanent, physical and emotional injury and disability. He also says he continues to suffer and will continue to suffer in the future physical pain, serious emotional distress and mental anguish. He also says he has suffered and will continue to suffer a serious loss of enjoyment of life as well as annoyance, aggravation and inconvenience.

He also says he will suffer and continue to suffer a substantial loss of income and capacity to earn income. He also says he has incurred and will continue to incur substantial financial responsibility and liability for the cost of services provided by physicians and other health care providers.

He seeks joint and several compensatory damages, interest, court costs, attorney fees and other relief.

Weaver is being represented by Winfield attorney Franklin L. Gritt Jr. The case has been assigned to Judge O.C. “Hobby” Spaudling.

Putnam Circuit Court case number: 11-C-1

WINFIELD – A man is blaming a Putnam County nursing home and a hospital for his mother’s death.

In a lawsuit filed Dec. 23 in Putnam Circuit Court, Donald Simonton names Teays Valley Nursing and Rehabilitation Center and Charleston Area Medical Center-Teays Valley for the death of Linda Bea Simonton.

Donald Simonton, who lives in Kanawha County, says his mother was a resident of the nursing home from Dec. 23, 2008, to Jan. 22, 2009. She was there to receive physical and occupational therapy and to receive skilled care for her leg wounds.

But he says she developed additional pressure ulcers and the leg wounds worsened during her time at the facility. He also says the Teays Valley Center failed to provide adequate nutrition and hydration “to prevent the development and worsening of pressure ulcers.”

He says his mother suffered from inadequate hydration at the nursing home because employees “failed to adequately monitor Ms. Simonton’s fluid intake to ensure that Ms. Simonton’s hydration needs were met. Due to this dehydration, Ms. Simonton suffered acute renal failure.” He also says she also suffered a urinary tract infection due to improper foley catheter care.

On Jan. 22, 2009, Ms. Simonton was taken to CAMC-Teays Valley’s emergency room due to a decrease in consciousness, inability to sleep or eat and numbness in her left arm. She stayed at the hospital until her death on March 2, 2009.

He says CAMC failed to properly and timely diagnose and treat her for bowel perforation and related conditions. As a result, she suffered from an abdominal wound and development of additional skin breakdown and pressure ulcers.

“The negligence and carelessness of the professionals and non-professionals at Teays Valley Center and Charleston Area Medical Center-Teays Valley contributed substantially in causing serious injuries to Ms. Simonton, resulting in pain, suffering and ultimately her death,” Donald Simonton says in his complaint.

He seeks compensatory damages, punitive damages, attorney fees and other relief.

He is being represented by Andy Paternostro and Jeff Stewart of The Bell Law Firm in Charleston. The case has been assigned to Judge O.C. “Hobby” Spaudling.

Putnam Circuit Court case number: 10-C-423

Jan. 10
Charles R. Winter and Debbie A. Winter vs. David Elswick
PA-Harvey D. Peyton; J-Spaulding
* The plaintiffs say that the defendant, from September 2009 to July 1, 2010, deposited a large amount of fill dirt and other material on a vacant lot adjacent to their residence so that it changed the elevation of the vacant lot and force surface water drainage onto their property. They say the actions have resulted in damage to their property, a diminution of the value of their home as well as aggravation, annoyance and inconvenience.
Case number: 11-C-8

Jan. 21
Quail Ridge Construction Company Inc. vs. Georgiana Ciavarello, Sue C. Curry, Robert E. Curry, Angela J. Phares, Les Phares, Christina Marie Ciavarello and Jeffrey Burnette
PA-Fred F. Holroyd; J-Stowers
* Quail Ridge employed Georgiana Ciavarello as a bookkeeper and office manager from 2007 to Nov. 30, 2010. It claims she drafted and cashed checks to herself and to other employees. Quail Ridge says the amount embezzled $721,289.89. The company says she also used the company charge accounts for herself to the amount of $9,566.20. The company also says she used some of her family and friends – the other defendants — in her scheme. Quail Ridge seeks compensatory damages of $730,856.09 plus interest and costs.
Case number: 11-C-20

Jan. 19
West Virginia Steel Corporation vs. Clayton Railroad Construction LLC and James R. McAdams
PA-Charles M. Johnstone II, William M. Shrewsberry Jr.; J-Spaulding
* West Virginia Steel says McAdams signed a Personal Guarantee that he would be responsible liable for any account balance for Clayton Railroad. West Virginia Steel says Clayton and McAdams have failed to pay for goods purchased. It seeks compensatory damages of $27,040.79, pre- and post-judgment interest, court costs, attorney fees and other relief.
Case number: 11-C-21

Jan. 24
Terry L. McWatters vs. IT Solutions Associates Inc. and FiberNet LLC
PA-Thomas H. Peyton; J-Spaulding
* McWatters, a dentist with offices in Nitro and Eleanor, says the defendants didn’t properly install a T-1 communication line in 2007 as contracted. In 2008, he agreed to service with Verizon instead. He says FiberNet began invoicing him after he signed a contract with Verizon. He also says the defendants place blame on each other for the issues with his service. He says he also offered to settle with FiberNet. He says he has suffered aggravation, annoyance and inconvenience as well as direct and consequential monetary damages – including for services not rendered – as well as attorney fees and costs. He seeks to have the Court issue a preliminary and permanent injunction to keep FiberNet from disconnecting services, a compensatory judgment, punitive damages, pre- and post-judgment interest, attorney fees and court costs.
Case number: 11-C-22

WINFIELD – The Winfield Volunteer Fire Department is suing a Cross Lanes man after they claim he failed to delivery equipment paid for.

In May 2008, the volunteer fire department contract with Brian Cavender, who was doing business as Cross Lanes Fire Equipment Company, to order various equipment, including an AMK-60 Ram, according to a complaint filed Feb. 4 in Putnam Circuit Court.

The fire department claims Cavender failed to deliver the equipment, although he made several promises to do so at a later date.

The defendant also failed to refund the fire department’s money, according to the suit.

The fire department was forces to purchase the equipment elsewhere at a cost of $2,530.80, according to the suit.

The fire department is seeking judgment in the amount of $2,530.80, plus post-judgment interest. It is being represented by Lisa M. Moye.

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

Putnam Circuit Court case number: 11-C-34

Feb. 4
Winfield Volunteer Fire Department vs. Brian Cavender, doing business as Cross Lanes Fire Equipment Company
PA- Lisa M. Moye; J- O.C. Spaulding
* In May 2008, the volunteer fire department contracted with Cavender to order various equipment, including an AMK-60 Ram. The plaintiff claims Cavender failed to deliver the equipment and failed to refund the money. The volunteer fire department was forced to purchase the equipment elsewhere at a cost of $2,530.80. It is seeking judgment in the amount of $2,530.80, plus post-judgment interest.
Case number: 11-C-34

Feb. 8
Christina Jeffers and Jeremy Jeffers vs. Assurance Home Inspection LLC
PA-Timothy J. LaFon; J-Stowers
* The plaintiffs had the defendants perform an inspection of their Winfield home in 2008. The report showed no water infiltration or leakage problems. In July 2010, the plaintiffs learned of substantial water problems in the basement and/or crawlspace. They seek compensatory damages for the cost of repairs and other damages.
Case number: 11-C-39

Timothy Bass and Brenda Bass vs. TA Operating LLC dba TravelCenters of America
PA-Michael O. Callaghan; J-Stowers
* The plaintiffs from Wilson, N.C., visited the TravelCenter in Hurricane on Oct. 11, 2010, when Timothy Bass slipped and fell at the soda fountain area on liquids on an uneven floor. They seek damages for past and future medical expenses, past and future lost income, suffering, loss of enjoyment of life, annoyance and inconvenience. They also seek punitive damages, interests and court costs.
Case number: 11-C-40

Feb. 10
James C. Williams and Marilyn Williams vs. Farmers & Mechanics Fire & Casualty Insurance Inc. aka Farmers & Mechanics Mutual Fire Insurance Company of WV aka Farmers & Mechanics Mutual Insurance Company, and Bruce Hall dba Bruce Hall Restoration and General Contracting
PA-James R. Fox; J-Stowers
* The plaintiffs suffered roof damage to their home in Buffalo on Feb. 11, 2009. A claim for wind and water damage was made to Farmers & Mechanics, which hired Hall to prepare an estimate and repair the damage. They say Farmers & Mechanics refused to cover the entire loss, has failed to pay for the damages and has refused to cover additional damages caused by its delay in covering the repairs and by the poor quality of repairs performed by Hall. They seek joint and several compensatory damages, punitive damages, attorney fees, court costs, pre- and post-judgment interest and other damages.
Case number: 11-C-41

Feb. 11
S&S Active Wear LLC vs. Scott Cable, guarantor for Balzout Inc.
PA-Paul S. Atkins; J-Stowers
* The plaintiff says the defendant owes $17,233.18 on a past due account. It seeks that amount, plus interest and costs.
Case number: 11-C-43

Gary D. Young vs. Townsend Specialties Inc. dba Kanawaki of Hurricane and Joel J. Townsend
PA-Eric S. Embree and Travis W. Hoffman; J-Spaulding
* The plaintiff says he was injured while riding an ATV with Townsend in the parking lot of his store. The ATV overturned when Townsend drove it at an extremely excessive rate of speed and after saying, “Let me show you what this thing will do.” Young says he suffered injuries that required medical treatment and incurred expenses for such treatment. He also endured pain and suffering, annoyance, aggravation and inconvenience. He says he has lingering effects of injury, loss of future earning capacity, lost wages and possible future medical expenses. He seeks joint and several compensatory and punitive damages. He also seeks pre- and post-judgment interest, attorney fees and costs.
Case number: 11-C-44

WINFIELD – A Putnam County man is suing Nationstar Mortgage after he claims it unlawfully charged him law payment fees that exceeded the maximum amount set forth in his loan agreement.

In December 2003, David J. Triplett obtained a mortgage loan from GMAC Mortgage Corporation and in December 2008, the defendant began servicing the loan, according to a complaint filed Feb. 15 in Putnam Circuit Court.

Triplett claims he was required to make monthly payments of $539.60 and at some point he fell behind on his payments and was charged $26.98 or more in late fees each month.

The late fees exceeded the $5 maximum set forth in Triplett’s loan agreement, according to the suit.

Triplett claims Nationstar also has a regular practice of unlawfully assessing multiple late fees for a single late payment. He claims before February 2010, he had fallen behind on his loan payments, but that month he timely made a full loan payment to the defendant.

Rather than apply the payment to the loan installment due in February, the defendant applied the payment to the installment due in January and then charged Triplett a late fee for both months, even though he was not late in making the February payment, according to the suit.

Triplett claims Nationstar has been advised repeatedly that he is being represented by counsel, but has continued to contact him directly and demand payment. He claims the defendant has also told him to fire his attorney.

Triplett is seeking an injunction prohibiting the defendant from engaging in unlawful conduct; an injunction prohibiting the defendant from initiating foreclosure proceedings; and compensatory and punitive damages with pre- and post-judgment interest. He is being represented by John W. Barrett and Jonathan R. Marshall.

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

Putnam Circuit Court case number: 11-C-46

Feb. 15
David J. Triplett vs. Nationstar Mortgage LLC
PA-John W. Barrett and Jonathan R. Marshall; J-Spaulding
* The plaintiff says the defendant engaged in abusive actions by charging multiple late-fee payments, refusing to credit borrowers’ loan payments against amount due and charging other fees. Plaintiff seeks an injunction to stop such actions, an injunction to stop possible foreclosure, a civil penalty, actual and compensatory damages, punitive damages, attorney fees, pre- and post-judgment interest and other relief.
Case number: 11-C-46

Feb. 17
Nicholas Hanshaw vs. David Cossin and Sherry Cossin
PA-Shawn R. Romano and Kathy A. Brown; J-Stowers
* The plaintiff sues the defendants, the parents of Jesse James Cossin, who broke into Hanshaw’s home in Red House on Feb. 19, 2009, and shot Hanshaw in the left thigh. He also killed Angela Dawn Casto. He says the defendants had been at the home before to see if there had been any trouble from their son. He seeks compensatory damages, punitive damages, pre- and post-judgment interest, court costs and other relief.
Case number: 11-C-48

Mary Spencer Carney, as administratrix of the estate of Angela Dawn Casto, deceased vs. David Cossin and Sherry Cossin
PA-Shawn R. Romano and Kathy A. Brown; J-Stowers
* Carney is the mother of Casto, who was killed Feb. 19, 2009, by Jesse James Cossin, the son of the defendants. Jesse James Cossin also injured Nicholas Hanshaw in the attack at the home Casto and Hanshaw shared in Red House. The defendants had been at the home before to see if there had been any trouble from their son. Carney seeks compensatory damages, punitive damages, pre- and post-judgment interest, court costs and other relief.
Case number: 11-C-49

Feb. 18
Jerry Potter and Paula Potter vs. Metropolitan Life Insurance Company, Mike Hughes and George Snider
PA-James R. Fox; J-Spaulding
* Jerry Potter worked for Met Life starting in 2004. He says Hughes created bogus employment infractions as a basis for terminating him. He was fired less than three months before his five-year anniversary with the company and when he was 56 years old. He says prior customers were not rightfully transferred to him after termination. He says the defendants also created bogus securities filings to defame him. He seeks joint and several compensatory damages for economic and noneconomic losses, punitive damages, attorney fees, court costs, pre- and post-judgment interest and other relief.
Case number: 11-C-51

Feb. 22
Appalachian Signals and Products Inc. vs. Thomas Lee Bryant
PA-James B. Atkins, Paul S. Atkins and Bree Whipp Ogle; J-Spaulding
* ASAP says Bryant resigned from the company on Jan. 5 without notice and took a position with a competitor. ASAP claims Bryant forwarded email plans and information about a pending job on a 911 Center for Jackson County and then deleted the records from ASAP computers. ASAP says he did the same for jobs for a Wayne County 911 center, a Town of Matewan 911 center, for Calgon Carbon, for Ohio Valley Mental Health, Cabin Creek Medical, 130th Airwing Division of the U.S. Department of Defense, Roane County Courthouse, Merrick Warehouse and ADI. ASAP says Bryant stored and hid owners manuals and maintenance manuals. It also says he deleted more than 17,000 vital work e-mails and 300 contacts. ASAP also says he didn’t complete and release work at Buffalo High School, Poca Middle/Elementary School, Smithville Elementary School and Boone County Schools Range Hood that he was paid for. It says he also changed his work voicemail password and hid the information. It says he also intentionally misfiled drawings. It also accused him of civil theft. And upon Bryant’s resignation, ASAP co-owner Renay Jarrell was re-hospitalized because of his actions. ASAP seeks compensatory damages.
Case number: 11-C-60

March 8
Jedawn Edgerton vs. The City of Hurricane, West Virginia, and Chad E. Runyan
PA-R. Michael Martin; J-Spaulding
* Edgerton, who lives in Charleston, says Runyan, an on-duty Hurricane police officer, struck the car owned by Angela Edgerton that he was driving on Interstate 64 on March 8, 2009. Edgerton seeks compensatory and punitive damages, pre- and post-judgment interest, attorney fees and other relief.
Case number: 11-C-76

March 9
William F. Timmermeyer II and Julie A. Timmermeyer vs. Timothy A. Ford and Jeani G. Ford
PA-Timothy J. LaFon and Keisha D. May; J-Stowers
* The Timmermeyers bought their home in Poca from the Fords in February 2010. Later that year, they learned the driveway and side lawn to their home aren’t completely on the property they purchased. They claim the Fords fraudulently failed to tell them the driveway and side lawn were on a separate lot. They seek compensatory damages for cost of a survey, annoyance and inconvenience, attorney fees, pre- and post-judgment interest, loss property and diminished property value.
Case number: 11-C-81

Whayne Supply Company vs. BPI Inc.
PA-Ryan S. Marsteller; J-Stowers
* Whayne says it provided equipment rental services to BPI in 2009 and that BPI has failed to pay $7,197.58 including principal and interest. It seeks that amount plus pre- and post-judgment interest and court costs.
Case number: 11-C-82