WINFIELD — A Scott Depot company is suing Maynard Machine & Hydraulic for failure to pay more than $50,000 it owes for various machine parts.

Between Aug. 25, 2011, and Oct. 25, 2011, U.S. Bearing and Power Transmission Corporation sold and shipped various machine parts to the defendant in the total amount of $52,815.02, according to a complaint filed March 2 in Putnam Circuit Court.

U.S. Bearing claims Maynard has failed to pay for the machine parts, despite requests for payment.

By failing to pay, the defendant has breached its contract with U.S. Bearing, according to the suit.

U.S. Bearing claims the defendant has been unjustly enriched at its expense by failing to pay for the products.

U.S. Bearing is seeking judgment in the amount of $52,815.02 with pre- and post-judgment interest. It is being represented by Arnold J. Janicker and J. Tanner James.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 12-C-65

WINFIELD – A Putnam County woman has agreed to accept nearly $250,000 to settle her wrongful death suit against the county’s EMS squad.

Last month, the Putnam County Commission, via its insurance carrier Travelers, agreed to pay Mira Suarez Dankiewicz $225,000 to settle the suit she filed two years ago against the Commission, and the Putnam County EMS Squad, for the wrongful death of her nine month old son, Darby. In her suit, Dankiewicz alleged paramedics were negligent in allowing a tracheostomy tube that helped him to breathe to dislodge while he was transported to Cabell Huntington Hospital after responding to her 911 call on Oct. 31, 2008.

Court records show the sides announced they reached a settlement on Feb. 22, and finalized it on March 1. A trial date was previously scheduled for March 26.

According to the settlement, Dankiewicz keeps $123,334.03, and her attorney Matt Lindsay, received $81,665.97 in legal fees, and expenses. Another $4,701.82 and $1,800 was taken to pay Stewart Enterprises to cover Darby’s funeral expenses, and Ryan Ruth’s fee as guardian ad litem, respectively.

Also, $10,000 was to be put in an interest bearing account for Dankiewicz’s surviving child, Anakin, and $5,000 was to be set aside to pay any liens that arose in the next six months. If not did, then the money would revert to Dankiewicz.

The Commission, and PCEMS were represented by Charles R. Bailey and David E. Schumacher.

Third wrongful death settlement

The settlement in the Dankiewicz case is the third one in less than a decade.

Records show the Commission and PCEMS paid $110,000 to the estate of Robert Lee Fitch. In her suit filed in 2003, Fitch’s sister, Delores F. Hetzer alleged after he suffered a heart attack at the Applebees in Teays Valley in 2001, paramedics fitted Fitch with a endotracheal tube only to have it become dislodged en route to Putnam General Hospital.

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.

A year ago, the state Board of Risk and Insurance Management, the Commission’s insurance carrier at the time, agreed to pay $85,000 to settle the wrongful death suit Angela Warner filed on behalf of the estate of her brother, Arthur Ray Baker. In her suit filed in 2008, Warner alleged after responding to his 911 call on May 3, 2006, paramedics made Baker an asthmatic, walk down two flights of stairs before putting him on a stretcher in order to transport him to Putnam General.

According to the suit, he died shortly after arrival as a result of acute respiratory failure due to bronchial asthma.

Currently, the Commission and PCEMS are defendants in a personal injury suit filed by a former paramedic. In his suit filed Jan 4, Charles Lester alleges two years earlier he suffered, among other things, chest and hip contusions and fractured vertebrae when he slipped on some ice the top step of an ambulance causing him to fall, and land on his back on the bottom step.

In his suit, Lester alleges the accumulation of ice was caused by a malfunctioning heater. As damages, he is seeking recovery of $18,000 in medical expenses he alleges he incurred as a result of the fall.

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

March 19
Kenneth Dale Snyder vs. Absten & Sons, LLC and Absten Enterprises, LLC
PA- David B. Richardson
* On July 18, 2011, the defendants’ work crew commenced the replacement of the staircase that provided the only access to the second floor and third floor of Snyder’s apartment at Hickory Way Apartments. Snyder claims when he attempted to leave the apartment, the stair he was on collapsed and he was injured. Snyder is seeking compensatory and punitive damages.
Case number: 12-C-87

Adam W. Tincher vs. Trinity Coal Corporation
PA- Todd S. Bailess, Joy B. Mega
* Tincher was employed by the defendant from October 2011 until Jan. 4. He claims the defendant failed to pay his final wages within 72 hours of discharge. Tincher is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-90

March 28
Charles R. Winter and Debbie A. Winter vs. Rover Construction, Inc.
PA- Harvey D. Peyton; J- O.C. Spaulding
* On April 2, 2010, a large quantity of water accumulated on the Winters’ property and they discovered that the accumulation was the result of excavation work performed by the defendant. The water caused the couple water damages. The Winters are seeking compensatory damages.
Case number: 12-C-96

CHARLESTON – The state Judicial Vacancy Advisory Commission has recommended three of the four candidates who applied to fill a circuit judgeship in Putnam County.

The panel sent the names of Democrats David L. Hill, J. Robert Leslie Jr. and Jennifer D. Singletary to Gov. Earl Ray Tomblin. He will choose one of the three to serve as judge for most of this year until the election to fill the remaining four years of O.C. “Hobby” Spaudling’s term. Spaulding, also a Democrat, retired at the beginning of the year after he was diagnosed with Lou Gehrig’s disease.

The JVAC did not name Ed Eagloski as a finalist. A Republican, Eagloski was a circuit judge before losing to Judge Philip Stowers in 2008.

Hill, Leslie and Eagloski all are running for the position in this year’s special election. Also running are Republican Joseph K. Reeder of Hurricane and Democrat Rosalee Juba-Plumley of Poca.

Republican Timothy J. Lafon of Winfield, a Republican, had filed to run, but he has since said he would not pursue the position.

Putnam County Courthouse

July 29
Mario D. Mendez Jr. vs. CBC Engineers & Associates Ltd. and Mike Cross
PA- Michael A. Olivio, Travis A. Griffith; J- Phillip Stowers
* Mendez was employed by the defendants for approximately nine months and was allegedly subjected to racial discrimination. Mendez is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-246

Kathy Hammond vs. Matthew R. Turner II and J.B. Hunt Transport Inc.
PA- Robert D. Cline Jr., Robert A. Campbell, Letisha R. Bika; J- Joseph K. Reeder
* On Oct. 11, 2011, Hammond was operating a 2004 Chevrolet Silverado on W.Va. 35 when Turner, who was operating a vehicle owned by J.B. Hunt, allegedly struck her vehicle. Hammond is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-247

July 30
Carl Carmichael vs. Enerfab Inc.
PA – Amy C. Crossan; J- Joseph K. Reeder
* On Oct. 9, Carmichael was involved in a work place accident and the defendant submitted him to a drug screen as a result of the accident. Despite having a valid prescription for medication, the defendant terminated his employment, he claims. Carmichael is seeking compensatory and punitive damages.
Case number: 13-C-249

Aug. 16
Darrell Crist vs. Christopher Noel Braley, individually and d/b/a Wildlife Removal Service; and Maxum Petroleum Products Inc.
PA- John H. Skaggs; J- Phillip Stowers
* On Sept. 10, 2011, Crist was working as an employee of Braley and was “snake proofing” the Maxum facility when he fell from a tree, he says. He claims when he filed for Workers’ Compensation benefits, he discovered the defendants did not have Workers’ Compensation coverage. Crist is seeking compensatory damages.
Case number: 13-C-274

Olivio

WINFIELD – A man is suing his former employer for allegedly racially discriminating against him.

CBC Engineers & Associates Ltd. and Mike Cross were named as defendants in the suit.

Mario D. Mendez Jr. was employed by the defendants for approximately nine months and was subjected to racial discrimination, according to a complaint filed July 29 in Putnam Circuit Court.

Mendez claims the racial discrimination he suffered was a hostile work environment, including hostile words, gestures, actions and unwelcomed physical contact by his supervisor.

During his employment, Mendez made complaints of the hostile work environment to his supervisors, but he received no relief from the hostile conditions, according to the suit.

Mendez claims in spite of the highly offensive and inappropriate nature of the actions and comments directed at him, he continued to do his job and made every attempt to ignore the inappropriate and offensive behavior.

On Jan. 24, the defendants unlawfully terminated Mendez’s employment in retaliation for making complaints regarding hostile work environment, according to the suit.

Mendez is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Michael A. Olivio and Travis A. Griffith.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 13-C-246

Putnam County Courthouse

WINFIELD – A former employee is suing Wildlife Removal Service for allegedly failing to provide Workers’ Compensation coverage.

Christopher Noel Braley is doing business as Wildlife Removal Service.

Maxum Petroleum Products Inc. was also named as a defendant in the suit.

On Sept. 10, 2011, Darrell Crist was working as an employee of Braley and was “snake-proofing” the Maxum facility when he fell from a tree, according to a complaint filed Aug. 16 in Putnam Circuit Court.

Crist claims when he fell from the tree, he fell approximately 20 to 25 feet to the river bank below, sustaining injuries.

As a direct and proximate result of the fall, Crist was required to and did incur medical expenses in excess of $15,000, which he is unable to pay, according to the suit.

Crist claims when he filed for Workers’ Compensation benefits, he discovered the defendants did not have Workers’ Compensation coverage.

The defendants failed to provide Workers’ Compensation insurance coverage for its employees, as required by law, according to the suit.

Crist claims the defendants failed to provide an adequate number of workers to clear the brush and trim the tree; failed to provide adequate supervision of the work activity; failed to provide experienced workers to perform the clearing; failed to properly supervise Crist’s work activities; and failed to provide appropriate tools and equipment necessary to properly and safely trim the tree, including but not limited to fall protection.

As a direct and proximate result of the wrongful conduct of the defendants, Crist suffered physical injuries, including medical expenses and continues to suffer from the injuries sustained when he fell, according to the suit.

Crist is seeking compensatory damages. He is being represented by John H. Skaggs of the Calwell Practice PLLC.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 13-C-274

Cline

WINFIELD – A woman is suing J.B. Hunt Transport Inc. for injuries sustained from a car accident allegedly caused by one of its employees.

Matthew R. Turner II was also named as a defendant in the suit.

On Oct. 11, 2011, Kathy Hammond was operating a 2004 Chevrolet Silverado on W.Va. 35 when Turner, who was operating a vehicle owned by J.B. Hunt struck her vehicle, according to a complaint filed July 29 in Putnam Circuit Court.

Hammond claims Turner was acting as an employee and/or agent of J.B. Hunt at the time of the motor vehicle accident.

As a direct and proximate result of Turner’s negligent, careless and/or reckless conduct and the collision, Hammond suffered severe injuries to her body, including to her back, neck and various other parts of her body, according to the suit.

Hammond claims she incurred medical expenses; pain and suffering; physical limitations; a diminished capacity to enjoy life; annoyance and inconvenience; loss of household services; permanent impairment; mental anguish; future pain and suffering; and future medical services and consequent costs.

The defendant violated West Virginia code, according to the suit.

Hammond is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Robert D. Cline Jr., Robert A. Campbell and Letisha R. Bika of Farmer, Cline & Campbell PLLC.

The case has been assigned to Circuit Judge Joseph K. Reeder.

Putnam Circuit Court case number: 13-C-247

WINFIELD – A former employee is suing Enerfab Inc. for allegedly wrongfully terminating his employment after he was injured on the job.

On Oct. 9, Carl Carmichael was involved in a work place accident and the defendant submitted him to a drug screen as a result of the accident, according to a complaint filed July 30 in Putnam Circuit Court.

Carmichael claims the drug screen was positive for a prescribed medication, for which he had a valid prescription.

Despite having a valid prescription for medication, the defendant terminated his employment, according to the suit.

Carmichael claims the reason that the defendant gave for his termination was that he failed to meet site safety requirements.

The requirement that an employee advise an employer of any prescribed medication violations the West Virginia Human Rights Act, according to the suit.

The defendant violated the West Virginia Human Rights Act

Carmichael is seeking compensatory and punitive damages. He is being represented by Amy C. Crossan of Bouchillon, Crossan & Colburn LC.

The case has been assigned to Circuit Judge Joseph K. Reeder.

Putnam Circuit Court case number: 13-C-249

Morrisey

WINFIELD – State Attorney General Patrick Morrisey has filed a lawsuit against a Cabell County contractor, alleging it violated the state’s Consumer Credit and Protection Act.

Morrisey’s lawsuit, filed Aug. 19 in Putnam County Circuit Court, alleges Basset Construction repeated unlawful business practices that were the subject of a June 17, 2011, agreement reached between it and former Attorney General Darrell McGraw.

“The actions of Basset constitute violations of the Act in that they were unfair deceptive acts or practices pursuant to (the WVCCPA) as well as the Attorney General’s Home Improvement Rule,” the complaint says.

“The substance of the Newell Contract were in violation of not less than three provisions of the Attorney General’s Home Improvement Rule, namely, the three-day right to cancel notice, notification of ‘good faith estimates’ of materials and costs, as well as proper notice of licensure.”

Morrisey’s lawsuit seeks restitution for consumers who were harmed by Basset’s business practices, court costs, investigative costs, attorneys fees and penalties of $5,000 for each violation of the WVCCPA.

Complaints were filed against Basset with the AG’s office in 2004, 2005, 2010 and 2011. On June 17, 2011, mediation with McGraw’s office resulted in an assurance of discontinuance whereby Basset agreed to stop certain unlawful business practices.

Morrisey says that on July 16, 2012, Basset entered into a contract with Michael J. Newell, of Hurricane, to build a garage. The work was to be completed within four weeks for $29,500.

After work began on the foundation, Basset stopped working on the project, the complaint says. Newell says he attempted to contact Basset several times through November, and the contractor promised to complete the work.

On April 15, Newell referred the matter to Morrisey’s office, which says its attempts to reach Basset have been unsuccessful.

The lawsuit alleges violations of the WVCCPA, unjust enrichment, negligence, fraud and intentional misrepresentation.

From the West Virginia Record: Reach John O’Brien at jobrienwv@gmail.com.

Witt

WINFIELD – A Putnam County lawyer claims power companies failed to prevent a fire from destroying his rented office space.

Richard C. Witt PLLC filed a lawsuit Sept. 10 in the Circuit Court of Putnam County against American Electric Power Co. Inc., Appalachian Power Co., Crawford and Co. and Stephen Austin, citing negligence.

The plaintiff claims the defendants failed to fix a dangerous electric pole that was leaning in front of the plaintiff’s office, despite multiple requests. This led to a fire on May 15 in which the plaintiff lost his office equipment, furniture and supplies, the complaint says.

The plaintiff also lost income and was forced to rent a different location, according to the brief.

The plaintiff is suing for an undetermined amount of relief.

The company is being represented by Charleston attorney Shawn R. Romano.

Circuit Court of Putnam County Case No: 13-C-293.

Spencer

WINFIELD – A Kanawha County man claims he hasn’t received more than $10,400 in commission from his former employer.

Andrew Spangler filed a lawsuit Aug. 23 in the Circuit Court of Putnam County against Alpha Technologies Inc. and Scott Crouch.

The plaintiff claims he hasn’t been paid for accrued commission from the defendants, in violation of the West Virginia Wage Payment and Collection Act.

The plaintiff is suing for an undetermined amount of relief, including compensatory and punitive damages.

The plaintiff is being represented by Charleston attorney Douglas A. Spencer of the Charleston firm Hill, Peterson, Carper, Bee and Deitzler.

Circuit Court of Putnam County Case No: 13-C-283.

Putnam County Courthouse

WINFIELD – A Hurricane woman claims she hasn’t received payment for accrued commission and vacation time from her former employer.

Jacquelyn Simokat filed a lawsuit Aug. 7 in the Circuit Court of Putnam County against Blue Dog Inc., d/b/a Theresa Lynn Perre Agency, and Theresa Perre Thompson.

The plaintiff claims she hasn’t been paid for accrued commission and vacation time from the defendants, in violation of the West Virginia Wage Payment and Collection Act.

The plaintiff is suing for an undetermined amount of relief, including compensatory and punitive damages.

The plaintiff is being represented by Charleston attorney Richard W. Walters of Shaffer & Shaffer.

Circuit Court of Putnam County Case No: 13-C-260.

Brinkley

WINFIELD – A widow claims a West Virginia corporation and other companies are responsible for defects in a vehicle that led to her husband’s fatal injuries.

Jennifer L. Robinson, administratrix of the estate of Darrell Wesley Robinson, filed a lawsuit Sept. 12 in the Circuit Court of Putnam County against Van Lifts Unlimited Inc., EZ Lock Inc. and Manufacturing and Production Services Corp., citing negligence and wrongful death.

The plaintiff claims the defendants failed to properly design, manufacture, install and inspect the wheelchair docking system that was used by Darrell Robinson in a customized 2006 Chrysler Town & Country minivan.

The system was defective and failed to properly protect Darrell Robinson’s safety when he was involved in a head-on collision on Oct. 2, 2012, leading to his death on Oct. 16, 2012, according to the brief.

The plaintiff is suing for an undetermined amount of relief.

The plaintiff is being represented by Charleston attorney Christopher L. Brinkley of the Masters Law Firm.

Circuit Court of Putnam County Case No: 13-C-298.

Poca High School

WINFIELD – A Jackson County worker and his wife are claiming an unsafe work environment caused him to suffer serious and permanent injuries.

Jackson County residents Charles David Casto and Delores L. Casto filed a lawsuit Oct. 3 in the Circuit Court of Putnam County against Metro Masonry Inc., B&W Sales & Equipment Rental Inc., Textron Inc., Omniquip International Inc., Sky Trak International Inc., Omniquip Textron Inc., JLG Industries Inc., JLG Omniquip Inc., Oshkosh Corp. and Elwood Holdings LLC, citing negligence.

The plaintiffs claim Charles Casto was injured on Nov. 18, 2011, while working for Metro Masonry at a job site located at Poca High School in Putnam County.

Casto and other workers present were trying to load a mechanical scaffolding unit onto a flat-bed truck with a SkyTrak telehandler unit when Casto was knocked off the truck and severely injured.

They claim the employees were not properly trained or certified to use the telehandler, nor were they warned of the dangers of using that type of equipment.

The plaintiffs claim the defendant companies involved in the manufacture, marketing, sale and/or distribution of SkyTrak products failed to provide adequate warnings and ensure its products are safe to operate and free of defects, according to the brief.

The plaintiffs are suing for an undetermined amount of relief. They are being represented by Charleston attorney R. Chad Duffield.

Circuit Court of Putnam County Case No. 13-C-324

Teays Valley Center

WINFIELD – The daughter of a late Putnam County nursing home resident has filed a wrongful death suit following an alleged pattern of poor care, neglect and abuse.

Ruth Ann Boster, personal representative of the estate of Vondena Bird, filed a lawsuit on Oct. 7 in the Circuit Court of Putnam County against 590 North Poplar Fork Road Operations LLC, doing business as Teays Valley Center, and Genesis Healthcare Corp., citing negligence and wrongful death.

The plaintiff claims the defendants failed to properly care for Bird, leading to multiple falls, injuries, bruising, “possible sexual assault” and urinary tract infections, which contributed to Bird’s physical and mental deterioration and eventual death on Aug. 21, 2012, according to the brief.

The plaintiff is suing for an undetermined amount of relief. The plaintiff is being represented by Charleston attorney Jeff D. Stewart.

Circuit Court of Putnam County Case No. 13-C-330

WINFIELD – After payment of medical bills, a 10-year-old girl will have more than $6,000 from a proposed settlement waiting on her when she becomes an adult.

On Oct. 9, Sonya Meadows petitioned Putnam County Circuit Court Judge Joseph Reeder to approve the settlement, which would resolve claims from a March 29 car accident in Winfield.

In the wreck, Teirney Meadows, who is 10 years old, was wearing her seatbelt in the backseat when the car in which she was riding was involved in a single-car accident and rolled over.

She suffered bruises, swelling and cuts and underwent x-rays and CT scans. She avoided major injury.

But she incurred medical bills in the amount of $6,979.

The proposed settlement has a total of $12,988.58, with $2,574 to be paid to USAA for bills it has already paid and $414 to Putnam County EMS.

Outstanding medical bills of nearly $4,000 will be paid with the remaining $10,000, and the $6,009.58 left will be placed in an account for Teirney, the petition says.

From the West Virginia Record: Reach John O’Brien at jobrienwv@gmail.com.

Poca Middle School

WINFIELD – A man is suing his employer after he allegedly fell from a ladder while constructing a new roof.

Paul and Rose Feazell filed a lawsuit Oct. 17 in the Circuit Court of Putnam County against Tri-State Roofing & Sheet Metal Company of West Virginia Inc., citing negligence and loss of consortium.

According to the complaint, on Nov. 7, 2011, Paul Feazell was an employee of Tri-State Roofing and working to construct a new roof on Poca Middle School.

Feazell says that in order to complete the work, ladders were placed on the roof in order to gain access to a higher portion of the roof. He claims that a ladder was left on a portion of the roof overnight and accumulated frost.

Feazell alleges that when he attempted to use the ladder on Nov. 7, 2011, it slipped out from beneath him, causing him to fall and be injured.

The Feazells are seeking an undisclosed amount of damages. They are being represented in the case by attorney Larry O. Ford of Meyer, Ford, Glasser & Radman PLLC.

Circuit Court of Putnam County Civil Action No. 13-C-342

Simmons

WINFIELD – A man is suing after his employer allegedly failed to fully compensate him for work completed before his resignation.

Richard A. Johnson filed a lawsuit Oct. 28 in Putnam County Circuit Court against Catamaran Inc.

According to the complaint, in August 2009, Johnson was employed by various predecessors of the defendant as a commissioned sales person specializing in pharmaceutical products and therapies.

In July 2012, Johnson became employed by the defendant after it merged with his original employer. Johnson says that in March, he submitted his resignation effective March 22, but was persuaded by the defendant to work through the end of March.

He alleges that the defendant violated the state code by failing to pay all wages and benefits due at the time of his resignation by the next regular payday and has continued to refuse to pay Johnson his complete amount of wages due to him.

Johnson is seeking the court to order Catamaran to pay him all wages due, plus interest, liquidated damages and fees. He is being represented by attorneys Lonnie C. Simmons, Sean P. McGinley of Ditrapano, Barrett, Dipiero, McGinley & Simmons PLLC and Michael L. Myers of Myers & Perfater.

Circuit Court of Putnam Civil Action No. 13-C-353

CHARLESTON – A Hurricane resident is suing over claims Walmart violated the Americans with Disabilities Act.

Duane J. Ruggier II filed a lawsuit Oct. 24 in U.S. District Court for the Southern District of West Virginia at Huntington against Wal-Mart Stores East LP, citing the Americans With Disabilities Act and West Virginia statutes.

The plaintiff states he is physically disabled and must use a power wheelchair.

In September, the plaintiff visited the Walmart in Hurricane and encountered barriers, he says. Specifically, he was unable to easily use full-size shopping carts and the defendant refused to provide shopping baskets, according to the complaint.

The plaintiff contends the defendant’s refusal to provide shopping baskets significantly interferes with the physically disabled’s ability to access the facility and is in violation of state and federal law.

Ruggier is seeking an undetermined amount of relief, including injunctive relief and punitive damages. The plaintiff is being represented by Nitro attorney Thomas H. Peyton of Peyton Law Firm PLLC.

United States District Court for the Southern District of West Virginia Case No. 3:13-cv-26640