Putnam County Courthouse

WINFIELD – Jennifer Johnson has filed suit in the Putnam County Circuit Court on Oct. 28, naming Catamaran Inc. as the defendant.

According to Johnson, she was employed by a predecessor of the defendant as a pharmaceuticals salesperson starting in February 2007.

In July 2012, Catamaran allegedly purchased or absorbed her company and she was kept on as an employee, under the same terms she had agreed to with her former employer.

In her original employment agreement, Johnson claims to have been entitled to commissions on certain sales, which was electronically deposited into her account.

Johnson claims she submitted her resignation in March. Johnson allegedly received some commission payments before the defendant retracted the same payments allegedly in violation of state law.

Johnson is seeking compensatory damages for her lost wages. She is seeking a judgment that forces defendant to pay all previously earned commission, as well as a payout for her sick days as governed by her original employment contract.

She is represented by Lonnie C. Simmons and Sean P. McGinley of DiTrapano, Barrett, DiPiero, McGinley & Simmons in Charleston and Michael L. Myers of Myers & Perfater in Charleston.

Circuit Court of Putnam County Case No. 13-C-354

Judge Watkins, left, with his attorney Robert P. Martin at a hearing before the Judicial Hearing Board in November.

CHARLESTON – A Putnam County family law judge currently suspended for his serial misbehavior has formally decided to hang up his robe.

William M. “Chip” Watkins III on Oct. 3 submitted his letter of resignation to state Supreme Court Chief Justice Brent Benjamin. In his one-page letter, Watkins, 60 and a Teays Valley resident, said only he was announcing “my retirement as Family Court Judge of the 26th Family Court Circuit effective midnight, November 30, 2013.”

In March, the court voted unanimously to accept the recommendation of its Judicial Hearing Board and suspend Watkins for the remainder of his term, which ends December 2016, as punishment for 24 violations of the Code of Judicial Conduct.

Last year, two separate statements were filed against Watkins by the Judicial Investigation Commission for failing to display decorum and respect to both the people that appeared in his court and the judicial system.

Allegations of Watkins’ misconduct first came to light in June when Rev. Arthur D. Hage of Hurricane released a video showing Watkins verbally berating him for the better part of a 15-minute hearing held the month before regarding division of marital property between he and his now ex-wife Lillian.

After being posted on YouTube, the video was viewed more than 200,000 times and made headlines both in the United States and abroad.

Along with ones filed by Mark Hallburn, Robert Harper, Tammy Jo Lambert and Sharon Stinson, alleging they, too, were treated disrespectfully, Hage’s complaint was part of the second statement of charges filed against Watkins on Aug. 31, 2012.

The first statement, filed the month before, stemmed from an extraordinary complaint filed by Steve Canterbury, the court’s administrative director, alleging Watkins and his staff not only failed to timely upload domestic violence protective orders to the court’s registry, but also in taking nearly two years, and under the treat of being held in contempt, to issue rulings in John J. and Nancy Black’s divorce.

Along with the suspension, the court censured Watkins for all 24 violations and ordered he pay the costs incurred to investigate and prosecute the ethics case against him. As of presstime, it remained unknown how much, if any, of the nearly $18,000 he has paid.

In December, Watkins announced he was taking medical leave that allowed him to continue receiving a paycheck, which ended as a result of his suspension and credit toward his retirement. Former Mason Family Law Judge Deloris J. “Jeanie” Nibert was appointed to hear his cases.

Because of his resignation, the state Judicial Vacancy Advisory Commission will begin the process of finding a replacement for Watkins until an election is held to fill his unexpired term.

Peter Markham, spokesman for the commission, was not immediately available for comment as to the deadlines it would set to make a recommendation to Gov. Earl Ray Tomblin.

Putnam County Courthouse

WINFIELD – An attorney who reached a settlement has been dismissed from a lawsuit against Armada, Rogers & Thompson for alleged legal malpractice.

Frank M. Armada; J. Robert Rogers; William D. Thompson; and the law firm of Armada, Rogers & Thompson were all named as defendants in the suit.

On Oct. 31, a dismissal order was filed in Putnam Circuit Court, dismissing Rogers, individually and as an alleged partner in Armada, Rogers & Thompson and as a former member of Armada, Rogers & Thompson PLLC from the suit.

The plaintiffs entered into a confidential settlement agreement Rogers and, while the terms and conditions of the settlement are confidential, the parties are fully satisfied that the resolution of this case meets the criteria of a “good faith” settlement, according to the dismissal order.

The lawsuit was filed Dec. 8, 2011, in Putnam Circuit Court. In the complaint, Roger Spencer and Mary Spencer alleged that the defendants missed the statute of limitations on filing a lawsuit against John King, a former osteopathic physician at Putnam General Hospital.

The Spencers claimed they approached the defendants sometime prior to January 2005 about filing a suit against King for his mistreatment of Roger Spencer in 2003.

Armada filed the suit against King and Putnam General on Oct. 24, 2006, and one year later, Circuit Judge O.C. Spaulding dismissed the suit on the grounds it was filed past the two-year statute of limitations when King’s alleged malpractice took place.

The Spencers claimed as a result of Armada’s, Rogers’ or Thompson’s negligence and carelessness, they were unable to recoup damages they incurred from King’s alleged malpractice.

They were seeking unspecified damages, attorneys fees and court costs. They were represented by Bruce Freeman of Freeman & Chiartis.

Rogers was represented by Michael J. Farrell and Tamela J. White of Farrell, White & Legg PLLC. Thompson was represented by James D. McQueen Jr. and Amanda Davis of McQueen Davis PLLC. Armada was represented by Timothy N. Barber and A. Andrew MacQueen.

Putnam Circuit Court case number: 11-C-357

Richard Holtzapfel

WINFIELD – A lawsuit filed against Tudor’s Biscuit World after a customer allegedly fell has been settled and dismissed from Putnam Circuit Court.

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

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

On Oct. 22, a dismissal order was filed in Putnam Circuit Court, in which both parties represented to the court that all controversy between them had been settled and compromised and moved the court to dismiss the matter with prejudice.

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, 2011, in Putnam Circuit Court.

Teel claimed 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 was seeking compensatory damages with pre- and post-judgment interest. She was being represented by Richard E. Holtzapfel of Holtzapfel Law Offices PLLC.

The defendants were represented by Benjamin T. Hughes of Pullin, Fowler, Flanagan, Brown & Poe PLLC.

The case was assigned to Circuit Judge Joseph K. Reeder.

Putnam Circuit Court case number: 12-C-71

CHARLESTON – A crane company is suing their insurance company after items from a crane were stolen.

MCP Crane Services LLC filed a lawsuit Nov. 7 in U.S. District Court for the Southern District of West Virginia against Allianz Global Corporate & Specialty.

According to the complaint, MCP paid premiums for and AGCS provided a Commercial Inland Marine Policy, covering items including a 1997 National 110 28-ton, 69-foot boom Peterbilt Crane.

The policy allegedly provides for loss or damages to the crane that occurred during the policy. The complaint states that in late April, several crane attachments, tools, equipment and other items were stolen from the crane when it was parked off of Teays Valley Road, totaling a loss of $63,358.

According to the complaint, the loss was in excess of the policy limits, but AGCS refused to settle the claim and instead unduly delayed the process. MCP says that because of the delay, it was forced to seek legal counsel in June.

The plaintiff is alleging that AGCS breached the contract and acted in bad faith, financially causing damage.

MCP is seeking damages in excess of the jurisdictional amount. It is being represented in the case by Charles M. Johnstone II and David A. Dobson of Johnstone & Gabhart LLP.

United States District Court for the Southern District of West Virginia Case No: 5:13-cv-28323

Sheridan

WINFIELD – Hannah Rabey filed suit in Putnam County Circuit Court on Nov. 7, naming Midland Credit Management Inc. as the defendant.

According to Rabey, she is the victim of Midland’s abusive debt collection practices.

Rabey claims she was constantly called and annoyed by Midland after she became in arrears on her consumer debt. Rabey allegedly informed Midland she was represented by an attorney and provided his contact information for future calls.

Rabey accuses Midland of constantly calling her even after providing her attorney’s contact information in violation of West Virginia code 46A-2-128(e).

Rabey accuses Midland of violating West Virginia’s Consumer Credit and Protection Act, as well as negligence and intentional infliction of emotional distress.

Rabey is seeking an undisclosed amount in damages and wants her debt cancelled. She is being represented by attorney Benjamin Sheridan.

Along with the complaint, Rabey filed a stipulation that limits her damages to $75,000. If she sought anything more, it would give the defendant grounds to remove the suit to U.S. District Court.

Circuit Court of Putnam County Case No. 13-C-357

Calwell

WINFIELD – Kenneth Whitt, administrator of the Estate of Sylvia Whitt, deceased, filed a petition in the Putnam County Circuit Court on Nov. 7, naming American Home Products Corp. and others as the defendant.

According to Kenneth Whitt, his wife, Sylvia Whitt died on Jan. 9, 2003, as a result of ingesting pharmaceutical drugs manufactured by various pharmaceutical companies.

Kenneth Whitt allegedly settled with the pharmaceutical manufacturers for an undisclosed amount and has now filed this Petition for Approval of Wrongful Death Settlement. The settlement also purportedly outlined the fee arrangement between Whitt and his lawyers.

Kenneth Whitt seeks approval for the Petition for Approval of Wrongful Death Settlement and is being represented by attorney Stuart Calwell, Jr.

On Nov. 7, Putnam Circuit Judge Joseph K. Reeder granted a motion to seal any documents that disclose the settlement amounts and close hearings.

Kenneth Whitt’s case was heard in a multidistrict litigation proceeding in an Arkansas federal court.

Circuit Court of Putnam County Case No. 13-C-363

CHARLESTON — The state Supreme Court of Appeals has upheld the approval of a $93 million settlement in a class action lawsuit over a chemical used in Agent Orange.

The state’s high court issued its 14-page memorandum decision Friday.

The court, which voted 4-1 in favor of the deal, said it found “no substantial question of law” and “no prejudicial error” in the Putnam County Circuit Court’s Jan. 25 decision.

Judge Derek Swope, who was appointed in 2011 by Justice Margaret Workman to preside over the case, approved a deal reached 11 months earlier that sets up a 30-year medical monitoring plan and provides $22.5 million in fees and another $7 million in costs for Charleston attorney Stuart Calwell and his firm.

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 life of the program.

Benjamin

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.

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

According to the complaints, 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.

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.

Class members represented by attorney Thomas Urban objected on several grounds. Some of them were:

-A cy pres award should be given to a cancer ward in Teays Valley, among other causes, with unused settlement funds instead of having unused funds given back to Monsanto;

-Not enough class members will receive medical monitoring and not enough houses will receive any clean-up;

-Cleaning of the houses has no proven efficacy;

-A compensation system for future cancers should be set up; and

-Triggering events that make up $63 million of the settlement are unlikely to occur and are an attempt to increase the value of the settlement and amount of attorneys fees.

The triggering event requires that 25 percent of people who take part in medical monitoring have blood dioxin levels that are in the top one-to-two percent in the country.

Another group of objectors, represented by Ruth McQuade, claimed the settlement was unlikely to deliver more than $15 million to class members. McQuade said Calwell’s fee could be as high as 70 percent of the total settlement.

Swope wrote that he believes the objectors accounted for less than 100 of the approximately 5,000 potential class members.

“In sum, we believe the record demonstrates that the settlement is based on objective evidence and was reached only after extensive discovery,” the Supreme Court’s majority wrote.

“The settlement results from zealous, rigorous advocacy by both parties. Therefore, we cannot conclude that the circuit court abused its discretion in finding it to be fair, adequate, and reasonable.”

The majority added, “Petitioners simply draw unsubstantiated conclusions because the ultimate settlement was not as beneficial as they believed it could have been.”

Justices Robin Jean Davis, Menis Ketchum, Allen Loughry and Workman concurred in the decision. Chief Justice Brent Benjamin dissented.

Putnam County Courthouse

According to NCM, it owned a grocery store known as Little’s Food King in Buffalo. NCM allegedly agreed to sell the grocery store to Dooley for $124,073.50 and reimburse the plaintiff $10,000 for the building’s security deposit.

NCM claims they were to receive $74,073.50 up front with the remaining $50,000 to be paid Sep. 3. NCM claims it received a check for $74,073.50 but Dooley stopped payment on the check before it was cashed.

NCM goes on to say that Dooley closed the grocery store and put a sign in front that urged customers to call Poca Valley Bank or the West Virginia State Tax Department with any questions and signed Bobby Little’s name.

NCM claims the sign created an impression to customers that Little was not paying necessary business expenses and thus defaming Little.

NCM is suing for breach of contract, conversion and defamation. NCM is seeking $134,073.50 in damages and an undisclosed amount in punitive damages. He is being represented by Chicago attorney David O. Moye.

Circuit Court of Putnam County Case No. 13-C-377

Putnam County Courthouse

WINFIELD – A woman has filed a petition to stop the City of Hurricane from destroying a structure that she believes she may own.

Pauline Graham filed a petition for a temporary injunction and damages for various violations of due process, equal protection and harassment Nov. 19 in the Circuit Court of Putnam County against the City of Hurricane; its officers, agents and employees; Mayor Scott Edwards; Municipal Judge Phyllis Smith; City Manager Ben Newhouse; and City Building Code Official Danny Brickles.

Graham alleges the City of Hurricane is threatening to demolish a structure on real property she may own. She says the property in issue is being assessed and that the property is currently in heirship by Graham.

According to the petition, on March 28, the Municipal Court of Hurricane illegally and improperly issued an order stating the subject property was a nuisance and ordered its repair or destruction.

Graham says the order was not properly served to her and that it is void and illegal because it does not comply with Section 1125.05 of Hurricane ordinances. Graham alleges she was never given notice of any hearing or any opportunity to testify or present evidence and that she was advised the structure would be demolished on Nov 20. She says the structure contains valuable property including antique furniture which would be destroyed.

Graham is requesting the court to immediately issue a temporary injunction prohibiting the respondents from destroying any of her property until a court hearing on the issue. She is being represented in the case by attorney Richard J. Lindroth.

Putnam County Circuit Court Civil Action No. 13-C-374

Carter

WINFIELD – A man is suing his employer after he allegedly suffered a hernia while being required to lift a heavy object.

Justin David Myers filed a lawsuit Nov. 15 in the Circuit Court of Putnam County against Environmental Construction Inc., citing deliberate intention.

The complaint states Myers was employed by Environmental Construction as a laborer installing pond liners for industrial customers. Myers says that on Nov. 18, 2011, the defendant caused an unsafe working condition to exist at its jobsite.

Specifically, the defendant required Myers and other employees, without proper training, to manually lift Z-bars, large metal retaining devices weighing several hundred pounds used to secure rolls of pond liner, in awkward positions, exposing the employees to a risk of serious injury, the lawsuit says.

Myers says as he was attempting to lift a Z-bar with his co-worker, he felt a rip in his groin area and immediately began experiencing pain. According to the complaint, Myers sought medical care and was diagnosed with an inguinal hernia as a result of being required to lift the heavy weight.

Myers is seeking damages in excess of the jurisdictional limit. He is being represented in the case by attorneys D. Blake Carter Jr. of Bucci, Bailey & Javins LLC and Tony L. O’Dell of Tiano O’Dell PLLC.

Putnam County Circuit Court Civil Action No. 13-C-374

Putnam County Courthouse

Vicki Allen, Diane Lester, Angela Gladfelter, Tara Beckett, Kal-le Schrader, Rachael Lewis, Promise Carter, Kathleen Allen, Alethea Van Alstyne and Ryan Curry filed a lawsuit Nov. 15 in the Circuit Court of Putnam County against PJ’s Preschool & Daycare LLC, Pamela Matusic and Joseph Matusic, citing wage and payment violations.

The plaintiffs state they were employed by PJ’s Preschool & Daycare in Winfield, which is owned by Pamela Matusic, and funds were contributed to the preschool by Joseph Matusic.

The plaintiffs either resigned or were laid off on Sept. 10 and never received their final paychecks, according to the complaint. The plaintiffs allege PJ’s Preschool & Daycare is at least one month behind in paying the plaintiffs.

The plaintiffs are seeking payment of wages, liquidated damages and costs. They are being represented in the case by attorneys Richard Weston and Connor Robertson of Weston Law Office.

Circuit Court of Putnam County Case No. 13-C-373

Clifford

WINFIELD – A lawsuit against Putnam County Emergency Medical Services has been settled and dismissed from Putnam Circuit Court.

A dismissal order was filed Aug. 14, dismissing the action with prejudice.

A letter written by Johnnie E. Brown, counsel for the defendant, was filed July 10 and stated that the matter was settled on July 8.

Putnam County EMS and its director, Cecil Kimble, were named as co-defendants in the suit.

Jack Williams Jr. claimed his employment was wrongfully terminated after he was not allowed to return to work when he suffered an on-the-job injury, according to a complaint filed April 9, 2012, in Putnam Circuit Court.

Williams claimed on April 21, 2011, he attempted to step out of an ambulance when he injured his hip and was transported to CAMC-Teays Valley, where he remained overnight.

Sometime after his arrival at the hospital, Williams maintains Kimble arrived with a representative from a drug testing company, according to the suit.

Williams claimed Kimble asked him to provide the company representative a urine sample.

Because Williams had just been administered strong pain relief medication, he refused and asked them to leave, according to the suit.

Williams claims two days later he attempted to return to work. However, when he attempted to log onto the computer system to fill out an incident report, Kimble reportedly told him that he resigned while at the hospital and had been removed from the payroll, the complaint said.

Despite denying he resigned and expressing a desire to continue working as an emergency medical technician, Williams said Kimble refused to allow him to return to work, according to the suit.

Williams claimed shortly after his termination, he received approval of his Workers’ Compensation claim for his medical bills, but, he suffered a loss of privacy; lost wages; annoyance and inconvenience; mental pain and suffering; and embarrassment, as a result of his wrongful termination.

Williams was seeking compensatory and punitive damages. He was represented by Michael T. Clifford and Richelle K. Garlow.

The defendants were represented by Johnnie E. Brown of Pullin, Fowler, Flanagan, Brown & Poe PLLC.

The case was assigned to Circuit Judge Phillip M. Stowers.

Putnam Circuit Court case number: 12-C-110

Putnam CTC

WINFIELD – A lawsuit against the Putnam County Board of Education has been mediated, settled and dismissed from Putnam Circuit Court.

American Industrial Direct LLC, which is doing business as Auto Body Toolmart; and Champ Frame Straightening Equipment Inc. were also named as defendants in the suit.

A motion for summary judgment was filed on Sept. 27 in which American Industrial Direct respectfully requested the court to enter an order granting its motion for summary judgment, dismissing it from the lawsuit and entering a judgment in its favor and against all other parties due to the “lack of any conclusive evidence establishing the cause” of Itson’s fall.

On Oct. 22, a mediation letter was filed in Putnam Circuit Court. In the letter, John F. Cyrus of Cyrus & Adkins, the mediator, stated that mediation was held on Sept. 25 and all claims asserted in the complaint were agreed fully compromised and settled, including cross-claims by and between the defendants.

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, 2012, in Putnam Circuit Court.

Itson claimed 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 claimed 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, were seeking compensatory and punitive damages with pre- and post-judgment interest. They were being represented by Sandra B. Harrah and C. Michael Bee of Hill, Peterson, Carper, Bee & Deitzler PLLC.

The Putnam County Board of Education was represented by Duane J. Ruggier II of Pullin, Fowler, Flanagan, Brown & Poe PLLC.

The case was assigned to Circuit Judge O.C. Spaulding.

Putnam Circuit Court case number: 12-C-73

Putnam County Courthouse

WINFIELD – Herman Scott Bowen filed suit in the Putnam County Circuit Court on Nov. 20, naming Schumacher Homes Inc. as the defendant.

According to Bowen’s complaint, Schumacher Homes was the general contractor for the construction of a house in Eleanor. Schumacher allegedly hired Williams’ Electrical Services Inc. to perform work on the house.

Bowen claims when he was at the partially finished jobsite in May, he was injured while descending a completed staircase. Bowen says as he stepped down on one of the stairs, the step pushed loose, flipped up and off the staircase frame, causing him to trip and fall down the stairs.

Bowen allegedly suffered injuries from the event and now seeks to hold Schumacher liable for said injuries and the costs associated.

Bowen is seeking damages in excess of minimum jurisdictional limits. He is being represented by attorney Neil Bouchillon.

Putnam County Circuit Court Case No. 13-C-379

CAMC Teays Valley

WINFIELD – A lawsuit against CAMC Teays Valley has been dismissed after the plaintiff failed to show for a pre-trial conference and hearing.

On Aug. 9, the defendant appeared by counsel for a scheduled pre-trial conference and a hearing on its motion for summary judgment.

The plaintiff did not appear at the hearing or contact the court to explain why he could not appear, despite the fact that the court delayed the start of the hearing for several minutes to give the plaintiff the opportunity to appear or contact the court to explain his absence, according to an order granting the defendants’ motion for summary judgment filed in Putnam Circuit Court on Oct. 1.

Prior to the hearing, the court reviewed the defendants’ motion for summary judgment, which was filed on July 15.

The court ordered for the motion for summary judgment on behalf of the defendants to be granted and the case to be dismissed with prejudice.

On May 13, 2010, Christopher K. Smith presented himself to the emergency room at CAMC Teays Valley with possible gall bladder issues, according to a complaint filed May 11, 2012, in Putnam Circuit Court.

Smith claimed while in the exam room, there was a “sweet ‘chemical’ type smell” emanating from his exam room, which he had a reaction to.

The smell was likely caused by stripper/floor wax called Pro-Strip, which contains Xylene, according to the suit.

Smith was seeking compensatory and punitive damages. He was representing himself.

The defendants were represented by D.C. Offutt Jr. of Offutt Nord Burchett PLLC.

The case was assigned to Circuit Judge Phillip M. Stowers.

Putnam Circuit Court case number: 12-C-148

Peyton

WINFIELD – A lawsuit against Appalachian Railcar Services Inc. has been settled and dismissed.

On Sept. 19, an agreed order of dismissal was filed in Putnam Circuit Court.

Mediation was held on Aug. 5 at the offices of Peyton Law Firm with John F. Cyrus of Cyrus & Adkins serving as the mediator.

All matters in controversy between the parties were knowingly, voluntarily and in good faith, resolved and settled during mediation, according to the dismissal order. Terms were not disclosed.

Cory Edward Butler worked for the defendant on Sept. 7, 2010, when he suffered a disabling injury while on the job, according to a complaint filed June 12, 2012, in Putnam Circuit Court.

Butler claims he suffered injuries to his left femur, pelvis, spine and other body parts when a rail car carriage bolster was lifted without proper safety equipment and slid off a rigged up chain and fork lift and fell directly on him.

The defendant’s action caused Butler to sustain pain and suffering; loss of enjoyment of life; emotional distress, including post-traumatic stress disorder; permanent scars and disfigurement; medical expenses; loss of earnings and wages; and a diminished earning capacity, according to the suit.

Butler was seeking compensatory damages with pre- and post-judgment interest. He was being represented by Harvey D. Peyton of Peyton Law Firm PLLC.

The defendant was represented by P. Joseph Craycraft of Swartz Campbell LLC.

The case was assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 12-C-186

Jackson County Courthouse

CHARLESTON – A Putnam County man is suing his former employer, stating his Family Medical Leave Act rights were violated.

William Bryant filed a lawsuit Dec. 2 in U.S. District Court for the Southern District of West Virginia against International Fiber Corp.

According to the complaint, the plaintiff was working at the defendant’s facility in Nitro from Oct. 14, 1995, until Jan. 16, 2012. During his employment, Bryant suffered from serious health conditions relating to his spine, back and digestive system, which the defendant was made aware of in June 2011.

According to the complaint, Bryant used his rights under the Family Medical Leave Act during his last year of employment with the defendant for treatment, but was subsequently terminated for missing excessive days of work.

Bryant is seeking all damages including lost wages, back pay and front pay, lost benefits, reinstatement, damages for emotional distress and mental anguish. He is being represented in the case by attorney William P. Lauro of Hughes & Goldner PLLC.

U.S. District Court for the Southern District of West Virginia Civil Action No. 2:13-30738

Hoosier

WINFIELD – A Charleston law firm is being sued by Huntington National Bank over a $25,000 loan.

HNB filed a lawsuit Dec. 2 against the Hoosier Law Firm, Michelle Hoosier and D. Adrian Hoosier II in Putnam County Circuit Court. The suit claims the firm is in default of the terms of the loan, which was issued in August 2010 and included monthly payments until 2015.

With a seven percent interest rate, the firm owes the bank $25,949.25, HNB claims.

“Defendant the Firm is in default under the terms and provisions of the Note, having failed to pay to HNB the amount due and payable under the Note as and when those payments became due and payable,” the complaint says.

The Hoosier Law Firm is a personal injury firm. According to its website, it files lawsuits in the areas of auto accidents, workplace injuries, insurance denial, wrongful termination, wage/payment claims, family/criminal law and asbestos-related claims.

It also claims to have contingency fees as low as 20 percent.

The loan at issue was guaranteed by Michelle and D. Adrian Hoosier, the complaint says, and that both are in default.

HNB is represented by Peter J. Raupp and Lauren M. Palmer of Steptoe & Johnson in Charleston.

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

Embree

WINFIELD – Co-trustees of a revocable trust sue are seeking a declaratory judgment that liens recorded against an individual do not attach to the property owned by the trust.

Dencil M. McGrew and Connie L. McGrew, as co-trustees of the Dencil C. McGew 2004 Revocable Trust, under agreement of trust for the Dencil M. McGrew 2004 Revocable Trust, dated Aug. 23, 2004, filed a lawsuit Dec. 6 in the Circuit Court of Putnam County against Lisa Moye, in her capacity as escrow agent.

The complaint states on Oct. 18, Moye acted as the closing attorney for real estate transactions between the trust and Teays Valley Townhomes LLC. The defendant performed a title search and three abstracts of judgment were discovered against Dencil McGrew, individually, and were in favor of the Putnam County Fire Service Board, according to the complaint.

The plaintiffs say the three judgments held by Putnam County Fire Service Board were filed against Dencil McGrew, individually, but the trust is the owner of the property.

The plaintiffs seek a declaration that the abstracts of judgment against Dencil M. McGrew, individually, do not attach as valid liens against the property owned by the trust, an order to the defendant to release to the trust the $24,742.50 in escrow, fees and costs. The plaintiffs are being represented in the case by attorney Eric S. Embree of Tyree, Embree & Associates PLLC.

Putnam County Civil Action No. 13-C-395