CHARLESTON – Four people have applied to fill the Putnam Circuit Court opening left by the recent retirement of Circuit Judge O.C. “Hobby” Spaulding.

The four are:

* David L. Hill of Hurricane, a solo practitioner and current Putnam County Mental Hygiene Commissioner;

* Jennifer D. Singletary of Culloden, current director of Information Services, Special Projects Counsel for the West Virginia Supreme Court of Appeals;

* J. Robert Leslie of Hurricane, member of the Tyree, Embree & Leslie law firm; and

* N. Edward Eagloski II of Hurricane, owner of The Eagloski Law Firm and former Putnam Circuit Court judge.

Last month, Gov. Earl Ray Tomblin announced the Judicial Vacancy Advisory Commission was receiving applications for the vacancy. The deadline for application was Feb. 15, and the deadline for submittal of letters of recommendation is Feb. 22. Interviews will be held on March 5.

The Judicial Vacancy Advisory Commission also is accepting applications for the vacancy in the First Judicial Circuit serving Brooke, Hancock and Ohio counties. This vacancy was created by the retirement of Circuit Judge Arthur Recht.

That deadline for application is March 2, and the deadline for submittal of letters of recommendation is March 15. Those interviews are scheduled for April 11.

Feb. 13
Charles L. Bailey, Cynthia A. Bailey and Mashelle Leigh Inc. vs. John F. Werner Jr., James H. Turley, Lawsrence E. Jones, Leo F. Boggs, Werner Transportation Services Inc., Trailer Specialists LLC, M&H Fleet Repair and Mark Hunter
PA-Ronald K. Hatfield; J-Spaulding
* Charles Bailey and Mashelle Leigh LLC were employed or contracted by Werner Transportation Services Inc. and John Werner as a transport operator from August 2010 to September 2011. He purchased tires from a business owned by John Werner in September 2011 for a discounted price. Afterward, Werner accused Bailey of stealing the tires. He says Werner tried to extort $10,000 from him to avoid filing a criminal complaint. He also accused Bailey of stealing parts. In January 2012, Bailey applied to work with Miller Transporters Inc., but he says he was denied because of the grand theft listed on is background check. He seeks compensatory damages, interests, court costs, attorney fees and other relief. He also seeks punitive damages.
Case number: 12-C-38

WINFIELD — A former employee is suing Liberty National Life Insurance Company after she claims she was subjected to a hostile work environment.

Marion C. Parker, an employee of Liberty National Life Insurance Company, was also named as a defendant in the suit.

On May 17, 2010, Kimberly S. Dawson became an independent contractor agent with the defendant, according to a complaint filed Jan. 19 in Putnam Circuit Court.

Dawson claims in October 2010, she gave Parker three weeks’ notice that she was going to have a bilateral mastectomy which occurred on Oct. 28, 2010.

On Nov. 1, 2010, with full knowledge of the major surgery performed on Dawson on Oct. 28, 2010, and prior to the completion of her manager in training period of 90 days, Parker promoted Dawson to the position of Unit Manager, according to the suit.

Dawson claims she believed that Parker made the promotion hoping to incur favor with her.

In order to avoid the home office finding out about the surgery, Parker “urged, threatened and cajoled Plaintiff to return to work prior to her being released to do so by her treating physician,” according to the suit.

Dawson claims beginning in November 2010, Parker began making comments regarding her surgery and breasts and also began touching her “by leaning against her or rubbing against her and rubbing her shoulders, all of which occurred in private and in meetings with other agents present.”

Also beginning in November 2010 and continuing until Dawson left the company, in group meetings and in conversations with Dawson’s coworkers, Parker began to assign blame for the performance of the office on Dawson’s surgery and what he perceived to be her disability, according to the suit.

Dawson is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Harvey D. Peyton.

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

Putnam Circuit Court case number: 12-C-16

WINFIELD — A couple and Mashelle Leigh, Inc. are suing Werner Transportation Services for fraudulent misrepresentation.

John F. Werner Jr.; James H. Turley; Lawrence E. Jones; Leo F. Boggs; Trailer Specialists, LLC; M&H Fleet Repair; and Mark Hunter were also named as defendants in the suit.

Charles Bailey and Mashelle Leigh, Inc., were employed or contracted by Werner Transportation Services, Inc., and Werner as a transport operator from August 2010 until September 2011, according to a complaint filed Feb. 13 in Putnam Circuit Court.

Bailey claims he purchased tires for a hauling trailer owned by Mashelle Leigh, Inc., from Werner in September 2011, for which Bailey paid cash for a discounted price and received a receipt from that purchase.

At some point after the tires were paid for and installed, Werner accused Bailey of stealing the tires that were installed on the trailer, according to the suit.

Bailey claims in October 2011, Werner attempted to fraudulently extort as much as $10,000 from Bailey on order to avoid the filing of a false criminal complaint against Bailey.

Werner additionally accused Bailey of stealing parts from his operations in West Virginia, although Bailey had receipts for all parts installed on his truck that were purchased from other businesses, according to the suit.

Bailey, his wife, Cynthia A. Bailey, and Mashelle Leigh, Inc., are seeking compensatory and punitive damages. They are being represented by Ronald K. Hatfield.

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

Putnam Circuit Court case number: 12-C-38

WINFIELD — JPMorgan Chase Bank is suing Master Enterprises, Inc., after the bank claims it failed to pay on a commercial promissory note.

Rohit Megha, Ravi R. Megha and Nayana R. Megha were also named as defendants in the suit.

On May 30, 2006, the defendants executed and delivered to Chase Bank a commercial promissory note in the amount of $221,100 with interest on the principal portion at the variable rate of Chase’s Prime Rate plus 1.5 percent per annum, payable in monthly payments beginning July 1, 2006, and continuing until June 1, 2016, according to a complaint filed Feb. 13 in Putnam Circuit Court.

The bank claims the defendants have failed to pay under the terms of the contract and are in payment default.

The defendants own Chase Bank the principal balance of $124,746.87 and interest in the amount of $2,786.83, which continues to accrue at a per diem rate of $32.05 and late fees and costs of $468.68, according to the suit.

The bank is seeking judgment in the amount of $128,002.38 with interest. It is being represented by Charles M. Johnson Jr. and Jared M. Tully.

The case has been assigned to Circuit Judges O.C. Spaulding and James Holliday.

Putnam Circuit Court case number: 12-C-46

WINFIELD – Kevin’s Autobody is suing an attorney who failed and refused to pay for repairs done to his vehicle.

On Nov. 11, 2011 Anthony F. Serreno’s vehicle was damaged and he sought coverage from Safeco Insurance Company and the insurance company allowed Serreno to choose the place of repairs and tendered a check to him in the amount of $6,247.45, according to a complaint filed Jan. 18 in Putnam Circuit Court.

Kevin’s Autobody claims Serreno came to the repair shot and entered into a contract for repair of the vehicle for the sum of $6,247.45.

As a result of the contract being made, Kevin’s Autobody repaired the vehicle in accordance with the defendant’s Safeco estimate and contract, according to the suit.

Kevin’s Autobody claims on Dec. 23, 2011, it completed repairs on the vehicle and contacted Serreno.

On Dec. 26, 2011, Serreno came to Kevin’s Autobody to pick up the vehicle, but told Kevin Gillispie that he had forgotten to bring the check that Safeco had given to him, according to the suit.

Kevin’s Autobody claims Serreno promised to drop off the check the next day, but failed to do so.

Serreno then advised Kevin’s Autobody that he had cashed the Safeco Insurance Company check and that he was robbed of the cash in an event that occurred in his driveway and as a result, could not pay for the vehicle repairs, according to the suit.

Kevin’s Autobody claims Serreno did not report the alleged robbery to any law enforcement authorities.

“It is further believed that the incident of the alleged robbery is a fabrication of the defendant in order not to tender the Safeco check or its proceeds to the plaintiff,” the complaint states.

Kevin’s Autobody is seeking compensatory and punitive damages with pre- and post-judgment interest. It is being represented by N. Edward Eagloski.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 12-C-15

Feb. 13
JPMorgan Chase Bank, N.A. vs. Master Enterprises, Inc.; Rohit Megha; Ravi R. Megha; and Nayana R. Megha
PA- Charles M. Johnson Jr., Jared M. Tully; J- O.C. Spaulding, James Holliday
* On May 30, 2006, Master Enterprises executed and delivered to Chase a commercial promissory note in the principal amount of $221,100 with interest on the principal portion at the variable rate of Chase’s Prime Rate plus 1.5 percent per annum, payable in monthly payments beginning July 1, 2006 and continuing until June 1, 2016. The bank claims the defendants have failed to pay under the terms of the contract and are in payment default. The bank is seeking judgment in the amount of $128,002.38 with interest.
Case number: 12-C-46

Feb. 21
Daniel Mark Roberts vs. Putnam County Bank and Putnam Bancshares, Inc.
PA- Mark A. Atkinson; J- James Holliday
* Roberts was employed by the defendants for approximately 9.5 years. Roberts claims he spoke with federal and state banking officials about improper practices at the Putnam County Bank. On Feb. 1, 2012, the defendants willfully, maliciously and unlawfully terminated Roberts’ employment. Roberts is seeking compensatory and punitive damages with pre-judgment interest.
Case number: 12-C-48

WINFIELD – A “comprehensive” settlement agreement in a class action lawsuit filed against Monsanto and related companies over its old plant in Nitro was given preliminary approval on Friday by a West Virginia circuit court judge.

Judge Derek Swope approved an agreement that will establish a 30-year medical monitoring program at a local hospital for those who lived, worked or went to school in the Nitro area during the period of time covered by the lawsuit.

A primary fund of $21 million will pay for the testing of those eligible class members, and up to $63 million in additional funding will be available over the 30-year life of the program.

Also, the agreement will set aside up to $9 million to professionally clean homes in the Nitro area.

About 4,500 homes are located in the areas where individual remediation “may be desirable,” according to the company.

Monsanto also agreed to pay for court-approved legal fees and litigation costs incurred by the class members over the last seven years.

The settlement resolves all claims in pending litigation, as well as class actions, filed in West Virginia.

“These settlements ensure that both individual and community concerns are addressed, and services are made available for the people of Nitro,” Scott Partridge, vice president of Monsanto, said in a statement Friday.

“We are pleased to resolve this matter and end any concerns about historic operations at the Nitro plant.”

The residents’ lawyer, Stuart Calwell, said he was pleased with the agreement.

“The settlements provide needed medical benefits and remediation services to the people of Nitro and broader community. The principal goal of the litigation was to provide long-term medical monitoring and to provide professional cleaning of individual homes,” he said in a statement.

The trial, held in Putnam County Circuit Court, began on Jan. 3 after attorneys for Monsanto and the residents could not come to a settlement.

According to complaints filed in the Putnam court in October 2007, during the years that Monsanto was operating its trichlorophenol plant, it adopted an unlawful practice of disposing of dioxin waste materials by a continuous process of open “pit” burning.

The dioxin in question — known as 2,4,5 trichlorophenoxyacidic acid or 2,4,5-T — was used by the military as part of the herbicide “Agent Orange” in Vietnam.

Monsanto, which has denied the burning practice, instead described it as an “incineration” process when questioned by regulatory authorities.

The residents’ complaints called the process “dusty” and said the company’s dust control was “haphazard,” causing more than 3,000 pounds of the dioxin to be released into the Nitro air.

Sampling showed levels of 2,200 parts per trillion, while U.S. Environmental Protection Agency standards require a level less than 4 parts per trillion.

The Nitro plant was operated by Monsanto until 1995 when the plant merged with Akzo Nobel, a Dutch company, and began operating as Flexsys America Inc.

In 1997, Monsanto renamed a subsidiary as Solutia Inc. and the Nitro plant was distributed to Solutia. The plant eventually closed in 2004.

In August, West Virginia Supreme Court Justice Margaret Workman appointed Swope, of the Ninth Judicial Circuit, to preside in the lawsuit.

Swope, a member of the Mass Litigation Panel, is sitting in for Twenty-Ninth Judicial Circuit Judge O.C. Spaulding, who stepped aside from the case due to illness.

Spaulding announced that he has amyotrophic lateral sclerosis, or ALS, a degenerative motor neuron disease.

Swope had postponed the trial, which was supposed to begin on Sept. 6.

According to Monsanto, the class action resolutions will now be fully reviewed by Swope to “ensure the fairness” of the class action settlement agreement.

Before the agreement is finalized, class members must be notified of the settlement and given a chance to object.

The Charleston Gazette reported Friday that a “fairness” hearing has been set for June 18.

Monsanto noted Friday that, for fiscal year 2012, the settlement will not affect ongoing earnings per share, but the one-time expense will reduce as-reported earnings per share by about five cents.

WINFIELD — A former employee is suing Maxim Crane Works for age and disability discrimination.

Davis Barnett, a supervisor at Maxim Crane Works, was also named as a defendant in the suit.

Cecil Hypes began working for Maxim in March 1997 and in July 2005 he underwent a quadruple bypass open-heart surgery, according to a complaint filed Jan. 30 in Putnam Circuit Court.

Hypes claims despite the fact that he was officially on sick leave until January 2006, he continued performing his sale duties from home during his recovery.

Approximately four months after returning to work, Hypes was approached by his superiors and encouraged to take an extended period of time off for health reasons, but he was not experiencing any significant health problems at the time that prohibited him from continuing in his employment position, according to the suit.

Hypes claims in 2007 his work schedule was changed dramatically and at that time his supervisors, Barnett included, also began aggressively scrutinizing his daily work itineraries and performance.

In June 2008, an individual significantly younger that Hypes was hired by Maxim to work at its Nitro office and subsequently, Hypes was directed by his superiors at Maxim to transfer a portion of his sales customers to the new employee, according to the suit.

Hypes claims in April 2010, Hypes was called into a meeting with his superiors at Maxim, who told him that he was “getting some age on him,” and asked when he planned on retiring.

The defendant then directed Hypes to train a significantly younger employee for the position that Hypes held as a salesperson at Maxim, according to the suit.

Hypes claims in May 2010 he informed his superiors at Maxim that he was experiencing significant problems with his back and legs and that he was seeing a physician regarding his health problems.

On Aug. 20, 2010, the defendants informed Hypes that Maxim would be reclaiming his company computer and cell phone, and told Hypes that he was prohibited from coming to the Nitro office, according to the suit.

Hypes claims the defendants immediately promoted a 25-year-old employee to replace him in the sales position that he had previously occupied with the company.

The defendants discriminated against Hypes based on his age and disability, according to the suit.

Hypes is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Larry O. Ford and Sean W. Cook.

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

Putnam Circuit Court case number: 12-C-25

Feb. 22
Amy C. Pack vs. Mountain State University, Inc.
PA- Thomas H. Peyton; J- Philip Stowers
* In 2008, Pack was solicited by the defendant for the purpose of persuading her to enroll in courses in its LPN-BSN program. Pack claims the defendant failed to inform her of the pending investigation by the West Virginia Board of Examiners for Registered Professional Nurses in a timely manner when the LPN-BSN program lost its accreditation. Pack is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-52

WINFIELD — A woman is suing Mountain State University after she claims the university failed to inform her about losing its full accreditation status.

In 2008, Amy C. Pack was solicited by the defendant for the purpose of persuading her to enroll, pay for and participate in its LPN-BSN program, according to a complaint filed Feb. 22 in Putnam Circuit Court.

Pack claims when the defendant was notified that it was losing its full accreditation status, it failed to inform her that the LPN-BSN program did not have full accreditation status.

The defendant failed to inform Pack of the contents or affect of both the July 2008 and July 2010 visits and letters by the National League for Nursing Accrediting Commission,and encouraged her to continue paying for and participating in the program, according to the suit.

Pack claims the defendant also failed to inform her of the pending investigation by the West Virginia Board of Examiners for Registered Professional Nurses in a timely manner.

The defendant breached its contract with Pack and its actions were deceptive, according to the suit.

Pack is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Thomas H. Peyton.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 12-C-52

WINFIELD — A former employee says Putnam County Bank wrongfully terminated his employment after he reported to state and federal banking officials about improper practices occurring at the bank.

Putnam Bancshares, Inc. was also named as a defendant in the suit.

Daniel Mark Roberts was employed by the defendants for approximately 9.5 years, according to a complaint filed Feb. 21 in Putnam Circuit Court.

Roberts claims during May 2010, he spoke to a governmental official to get an opinion about a loan at the bank and afterward was told by John R. Wilson, the CEO of the bank, that if he ever spoke to government officials against about issues at the bank he would be fired.

In October or November 2011, Gary Young, the director of the bank, stated that someone had been talking to government authorities, according to the suit.

Roberts claims in November or December 2011, Bob Duckworth, another director at the bank, harshly criticized him and stated in a bank meeting that the government was getting its information from Roberts about the bank.

Wilson also stated that Roberts was intentionally placing memos in files so that the government regulators would find them, according to the suit.

Roberts claims on Feb. 1, the defendants willfully, maliciously and unlawfully terminated his employment.

The defendants’ actions were willful, wanton and/or undertaken with reckless disregard and/or reckless indifference to the rights of Roberts, according to the suit.

Roberts is seeking compensatory and punitive damages with pre-judgment interest. He is being represented by Mark A. Atkinson.

The case has been assigned to Circuit Judge James Holliday.

Putnam Circuit Court case number: 12-C-48

WINFIELD — A couple is suing Select Energy Services for failing to pay for damages done to their vehicle when a drilling apparatus fell from a service truck and struck their vehicle.

On July 24, 2011, Christopher Slemp was on Highway 68 near Morgantown when the defendant negligently failed to secure a drilling apparatus to one of its service trucks, which allowed it to fall into the highway and come into contact with Slemp’s 2011 Toyota Rav 4, according to a complaint filed Feb. 3 in Putnam Circuit Court.

Slemp claims as a result of the defendant’s negligence, his brand new vehicle sustained damages in excess of $1,600 and he was subjected to significant aggravation, annoyance and inconvenience relating to credit card expenses for repairs and the interruption of his long-planned fishing vacation with his son.

Sometime in October 2011, the defendant contacted Slemp and entered into a settlement contract with him to pay the sum of $1,638.28 to settle his claims conditioned upon the execution of a release and delivery of some tax information, according to the suit.

Slemp claims the defendant wrongfully represented that things such as aggravation, annoyance and inconvenience and credit card fees were not recoverable.

On Oct. 17, 2011, Slemp signed and returned to the defendant a released prepared and presented by the defendant and requested that a check be sent as soon as possible so that they could avoid future credit card charges, according to the suit.

Slemp claims despite his repeated requests, the defendant has intentionally, negligently, fraudulently and in violation of its duty of good faith and fair dealing breached the settlement contract by failing and refusing to satisfy its obligations and send him the money.

As a result of the defendant’s deliberate, intentional, fraudulent, negligent and bad faith conduct, Slemp has suffered credit card charges in excess of $500; aggravation; annoyance and inconvenience; and legal fees, according to the suit.

Slemp and his wife, Samantha Slemp, are seeking compensatory and punitive damages. They are being represented by Harvey D. Peyton.

The case has been assigned to Circuit Judge James Holliday.

Putnam Circuit Court case number: 12-C-28

Feb. 28
William L. Adkins vs. Bobby Lee Guy
PA-C. Richard Wilson; J-Stowers
* Adkins, who lives in Galloway, Ohio, was riding with Guy on Interstate 64 on March 6, 2010, when Guy swerved to miss a dead deer lying in the roadway and struck the median. Adkins suffered personal injury, damages and other losses. He seeks compensatory damages as well as attorney fees, court costs and other relief.
Case number: 12-C-61

March 2
U.S. Bearing and Power Transmission Company vs. Maynard Machine & Hydraulic Inc.
PA-Arnold J. Janicker, J. Tanner James; J-Stowers
* U.S. Bearing says it sold and shipped various machine parts to the defendant on four separate invoices in 2011 in a total amount of $52,815.02. It says Maynard Machine has failed to pay any of the amount. It seeks that amount plus interest, court costs, attorney fees and other relief.
Case number: 12-C-65

Rustic Highlands Owners Association Inc. vs. Melissa Weiford and Robert Weiford
PA-Jonathan R. Mani; J-Stowers
* The plaintiff says Melissa Weiford, as treasurer of the RHOA, allegedly embezzled about $98,586 of money belong to the association. The four-count complaint accuses Melissa Weiford of gross negligence, conversion and fraud. It accuses her husband of unjust enrichment. RHOA seeks repayment of money that belongs to it, damages for increased costs to perform repairs neglected because of Melissa Weiford’s alleged conduct, punitive damages, court costs, attorney fees and other relief.
Case number: 12-C-66

March 5
Nicole Reed vs. Sleepy Hollow Golf Club, Lee Cooperrider and Charles Starcher
PA-Harry F. Bell Jr., Jonathan W. Price; J-Stowers
* Reed alleges sexual discrimination against the defendants. During her employment at Sleepy Hollow as restaurant floor manager and server, Reed says she was subjected to unwanted and pervasive comments, propositions, touching and fondling by Cooperrider and Starcher. She seeks injunctive relief as well as compensatory and punitive damages.
Case number: 12-C-70

March 7
Betty Jean Teel vs. Better Foods Inc., Tudor’s Biscuit Word and Gino’s Distributing Inc.
PA-William deForest Thompson Sr., James T. Cooper; J-Spaulding
* Teel was a customer at Tudor’s in Winfield on March 19, 2010, when she fell entering the restaurant, injuring her left eye. She was left with a significant loss of vision and is legally blind. She seeks joint and several compensatory damages as well as pre- and post-judgment interest, court costs and other relief.
Case number: 12-C-71

Vickie C. Itson and Frazier Itson vs. The Board of Education of The County of Putnam, American Industrial Direct LLC, Auto Body Toolmart and Champ Frame Straightening Equipment Inc.
PA-Sandra B. Harrah, C. Michael Bee; J-Spaulding
* On March 12, 2010, Vickie Itson was a student at Putnam Career and Technical Center in the Collision Repair Program. She got caught on a bolt sticking out from a ladder, causing her to fall and break her humerous as well as causing a brachial plexus injury. She seeks joint and several compensatory damages from the Board and from the other three defendant companies that sold the ladder. Her husband seeks damages for loss of consortium. They also seek pre- and post-judgment interest, court costs, attorney fees and other relief.
Case number: 12-C-73

WINFIELD – A Putnam County couple is suing the Putnam Board of Education for injuries sustained at the Putnam Career and Technical Center.

American Industrial Direct, LLC, d/b/a Auto Body Toolmart; and Champ Frame Straightening Equipment, Inc. were also named as defendants in the suit.

Vickie Itson was a student at Putnam Career and Technical Center in the Collision Repair Program and on March 12, 2010, was in class when she became caught on a bolt sticking out from the base of the adjustable paint/work ladder and tripped and fell to the ground, according to a complaint filed March 7 in Putnam Circuit Court.

Itson claims due to tripping and falling, she sustained severe and life-changing injuries, including a greater tuberosity fracture of the humerus and a brachial plexus injury.

A shop camera captured Itson’s entire fall and her instructor, as well as several others, watched the video, according to the suit, but, despite requests, the video has not been produced.

Itson claims after watching the video, her instructor cut off the excess of the bolt that was sticking out from the portable steps that caused her to trip.

The defendants negligently supervised and failed to provide adequate training, including correct safety standards to assemble the adjustable paint/work ladder, which was manufactured and distributed by American Industrial Direct and Champ Frame, according to the suit.

Itson and her husband, Frazier Itson, are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Sandra B. Harrah and C. Michael Bee.

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

Putnam Circuit Court case number: 12-C-73

March 12
James Franklin Sergent and Donna K. Sergent vs. Panos Ignatiadis, M.D., and St. Mary’s Medical Center Inc.
PA-Richard E. Holtzapfel; J-Spaulding
* James Sergent accuses Ignatiadis of medical negligence after he performed a total laminectomy with foraminotomy on Jan. 28, 2010. He says after the surgery, he experienced severe pain, especially in his lower extremities and feet. Seven days later, Ignatiadis performed surgery to discover a pedicle screw inserted in the first surgery had cracked the bone and penetrated into the nerve. He could not return to work and was determined to be totally disabled. He seeks compensatory damages for his impairment to his ability to twalk, lost wages, emotional distress, medical bills and expenses, pain, suffering, mental anguish, grief and other damages. His wife seeks damages for loss of consortium.
Case number: 12-C-78

WINFIELD — A Galloway, Ohio, man is suing an individual he claims wrecked the car in which he was a passenger.

On March 6, 2010, William L. Adkins was a passenger in a vehicle being driven by Bobby Lee Guy, who was operating his vehicle in a westerly direction along Route 64 near Nitro, according to a complaint filed Feb. 28 in Putnam Circuit Court.

Adkins claims while Guy was driving, he swerved to miss a dead deer lying in the roadway and struck the median, causing Adkins to sustain injuries.

Guy failed to maintain property control of the vehicle and failed to take the necessary measures to avoid the collision, according to the suit.

Adkins claims Guy also disregarded and violated traffic and safety laws with his actions.

Guy’s negligence caused Adkins to sustain injuries that were permanent in nature, according to the suit.

Adkins is seeking compensatory damages. He is being represented by C. Richard Wilson.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 12-C-61

WINFIELD — A woman is suing Sleep Hollow Golf Club for sexual harassment by two employees.

The other employees, Lee Cooperrider and Charles Starcher, were also named as defendants in the suit.

In April 2009, Nicole Reed began part-time for the golf club as a floor manager of the club’s restaurant and when that position was eliminated, she was given a position as a server, according to a complaint filed March 5 in Putnam Circuit Court.

Reed claims she then became the target of lewd, sexually inappropriate and discriminatory conduct by Cooperrider and Starcher.

Cooperrider and Starcher subjected Reed to numerous incidents of sexually inappropriate touching, comments and suggestions, according to the suit.

Reed claims during her employment she reported the harassment to supervisory personnel and at one point, Starcher was suspended.

On Nov. 11, 2011, Reed was asked to attend a meeting with Jonathan Clark, the general manager; Dawn Ashley, the chef at the restaurant; and John May, a Sleepy Hollow Board Member, according to the suit.

Reed claims at the beginning of the meeting, Clark informed her that Starcher was in the club’s bar area and that she would encounter him if she reported to work, which made her become upset and Ashley told her that she would no longer schedule her to work in the club’s bar so that she would not encounter Starcher.

Clark directed Reed’s attention to a form that was “purported to be an acknowledgment by the plaintiff that defendant Sleepy Hollow had satisfactorily addressed her complaints, and that she agreed with defendant Sleep Hollow’s handing of her accusations,” according to the suit.

Reed claims she did not understand the implications of signing the form and declined to do so, after which she was told she would not work that day.

The defendants allowed her to return to work, but Reed has since became the target of rumor-mongering and other unlawful, retaliatory conduct by the club’s management, according to the suit.

Reed is seeking compensatory and punitive damages. She is being represented by Harry F. Bell Jr.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 12-C-70

WINFIELD — A Putnam County woman is suing Better Foods, Inc., for injuries she sustained on its premises.

Gino’s Distributing, Inc. was also named as a defendant in the suit.

Better Foods, Inc. is doing business as Tudor’s Biscuit World.

On March 19, 2010, Betty Jean Teel was at the defendants’ Winfield location and was entering the restaurant via the ramp and entryway when she fell, according to a complaint filed March 7 in Putnam Circuit Court.

Teel claims the defendants negligently designed, constructed and maintained a ramp and entryway to the restaurant that posed a danger and hazard to customers as it did not comply with the Americans with Disabilities Act.

The defendant’s negligence caused Teel to sustain serious and permanent injury to her left eye, damage to her iris and significant loss of vision, causing her to be legally blind, according to the suit.

Teel is seeking compensatory damages with pre- and post-judgment interest. She is being represented by William DeForest Thompson and James T. Cooper.

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

Putnam Circuit Court case number: 12-C-71

WINFIELD — Rustic Highlands Owners Association is suing a former employee and her husband for fraud after it claims she came into personal possession nearly $100,000 of its funds.

Over the course of several years, Melissa Weiford, either through gross negligence in executing her duties as treasurer or through outright theft, came into personal possession of approximately $98,586 of money belonging to Rustic Highlands, according to a complaint filed March 2 in Putnam Circuit Court.

Rustic Highlands claims due to the fact that its accounts were substantially depleted by Weiford’s actions, numerous improvement and maintenance projects were unable to occur.

Weiford’s actions were willful, wanton and reckless and caused Rustic Highlands to not be able to do various improvement projects and/or maintenance was not performed and common areas and roads have fallen into disrepair, according to the suit.

Rustic Highlands claims although Weiford’s husband, Robert Weiford, was unaware of her actions, he was a beneficiary of its money.

The plaintiff is seeking compensatory and punitive damages. It is being represented by Jonathan R. Mani.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 12-C-66