West

WINFIELD – A husband and wife are suing a Taco Bell after the wife allegedly slipped and fell.

Carolynn Orr and Scott Orr filed a lawsuit Dec. 9 in the Circuit Court of Putnam County against Taco Bell of America LLC and Cole Johnson.

The complaint states on Feb. 26, Carolynn sustained serious injuries when she slipped and fell on water in the women’s restroom at the Taco Bell in Putnam County.

The defendants failed to maintain the premises, failed to fix or warn of hidden dangers and failed to inspect the premises for dangerous conditions, according to the complaint.

The plaintiffs are seeking an undisclosed amount of damages, including damages for loss of consortium and punitive damages. They are being represented in the case by attorneys S. Brooks West II and Kevin P. Davis of West Law Firm LC.

Putnam County Civil Action No. 13-C-397

Putnam County Courthouse

WINFIELD – A man is suing his former employer, alleging violations of West Virginia Human Rights Act, West Virginia Wage Payment and Collection Act and the Fair Labor Standards Act.

Robert D. Keaton filed a lawsuit Dec. 9 in the Circuit Court of Putnam County against Alpha Technologies Inc., citing violation of the West Virginia Human Rights Act, violation of the West Virginia Wage Payment and Collection Act, violation of the Fair Labor Standards Act, negligent infliction of emotional distress and intentional infliction of emotional distress.

The complaint states Keaton was an employee of Alpha Technologies from January 2012 until March 28, 2013. The plaintiff says while working at the end of February 2013, he became dizzy and fainted.

He was taken to a local emergency room and upon his return to work, he was advised by his supervisor to take time off work to determine the cause of the medical emergency, he says. The plaintiff states he had medical appointments scheduled when he was terminated.

The defendant committed numerous violations including treating the plaintiff as salaried and never paying for hours worked in excess of 40 hours per week, failing to pay Keaton all wages due at the time of termination, making illegal deductions to plaintiff’s final check and terminating plaintiff in violation of the Human Rights Act, according to the complaint.

Keaton is seeking compensatory damages, emotional distress damages, punitive damages, attorney fees and costs, prejudgment interest and further relief as the court finds appropriate. He is being represented in the case by attorney Richard W. Walters of Shaffer & Shaffer PLLC.

Putnam County Civil Action No. 13-C-398

Hurricane High School

WINFIELD – A lawsuit against the Putnam County Board of Education has been settled and dismissed.

On Sept. 23, a letter was filed in Putnam Circuit Court stating that mediation was held Aug. 14 and a settlement was reached.

James D. Lamp of Lamp Bartram Levy Trautwein & Perry PLLC was the mediator.

On Sept. 27, a dismissal order was filed in Putnam Circuit Court, dismissing the case with prejudice.

On Sept. 9, 2010, Hunter Fitzwater was a student at Hurricane High School and was seated at a desk located in the rear portion of his assigned classroom when a classmate was leaning on a stack of archery targets located near Fitzwater’s seat, according to a complaint filed Sept. 5, 2012, in Putnam Circuit Court.

The targets fell forward, striking Fitzwater in the head and forcing his head directly onto the top of his desk.

Jimmy Fitzwater and Lorie Fitzwater claimed as a result of the dual blows to Hunter Fitzwater’s head, he suffered an immediate loss of consciousness and, thereafter, an altered state of consciousness for an extended period of time.

The Board of Education owed Hunter Fitzwater a duty to warn him of the dangers and risks associated with the hazard posed and created by the Board when it chose to store, stack and/or maintain the archery targets in the classroom, according to the suit.

The Fitzwaters claimed the Board had a duty to supervise students in and/or around hazards or dangers existing in the classroom wherein the archery targets were stored, stacked and/or maintained.

The Board of Education breached, violated and otherwise failed to comply with its duties and was otherwise negligent by choosing to store, stack and/or maintain the archery targets in the manner in which they were, according to the suit.

The Fitzwaters claimed the defendant’s negligence caused Hunter Fitzwater to suffer a traumatic brain injury.

Hunter Fitzwater’s traumatic brain injury has caused him short-term and permanent and life altering cognitive and emotional deficits and residual effects, according to the suit.

The Fitzwaters claimed their son has also suffered great pain of body and mind; his future earning capacity has been greatly diminished; his learning and educational capabilities have been significantly impaired; and his enjoyment of life has been permanently impaired.

Jimmy Fitzwater and Lorie Fitzwater have suffered the loss of consortium of their son, according to the suit.

The Fitzwaters were seeking compensatory damages with pre- and post-judgment interest. They were represented by S. Douglas Adkins and John F. Cyrus of Cyrus & Adkins.

The defendant was represented by Duane J. Ruggier II of Pullin, Fowler, Flanagan, Brown & Poe PLLC.

The case was assigned to Circuit Judge J. Robert Leslie.

Putnam Circuit Court case number: 12-C-274

Putnam County Courthouse

WINFIELD – A woman is suing DirecTV after allegedly being injured in an auto accident.

Miranda M. Rule filed a lawsuit Dec. 9 in the Putnam County Circuit Court against Abraham F. Likens, DirectTV LLC and Direct Customer Services Inc.

According to the complaint, on June 16, 2012, Mr. Likens was working for DirectTV and was operating a 2006 Chevrolet Express on state Route 7 in Rome.

Rule says at the same tim,e she was traveling in the opposite direction as a passenger on a 1999 Harley Davidson Motorcycle when Likens, failing to maintain control of his vehicle, crossed the center line and caused the motorcycle to crash, causing injuries.

Rule is seeking an undisclosed amount of damages. She is being represented in the case by attorneys William L. Mundy and George B. Morrone III.

Putnam County Circuit Court Civil Action No. 13-C-399

Putnam County Courthouse

WINFIELD – A man is asking a court to reverse the denial of his application to carry a concealed weapon.

William David Saul filed a Petition for Review of Denial of State License to Carry a Concealed Weapon on Dec. 6 in Putnam County Circuit Court against Steve Deweese, Sheriff of Putnam County.

According to the petition, on Nov. 5, Saul submitted an application seeking a state license to carry a concealed weapon.

On Nov. 12, Deweese sent a letter advising the application had been denied due to the fact that Saul had been arrested for wanton endangerment with explosives, which was reduced to brandishing on May 21, 1996.

Saul claims that he is entitled to carry a concealed weapon and that the reason given for the denial is not sufficient to deny the license under the statute.

Saul is asking the court to find that he meets the criteria to be entitled to hold license to carry a concealed weapon. He is being represented in the case by Stephen L. Gaylock.

Putnam County Circuit Court Civil Action No. 13-C-397

WINFIELD – A lawsuit against Wal-Mart Stores East Inc. for injuries allegedly sustained at one of its stores has been dismissed.

On Aug. 22, Walmart, by its counsel, came for a hearing previously set by the court via the order to show cause entered on July 23. In the show cause order, the court directed the plaintiffs and/or their counsel to appear at the hearing to show cause for why the plaintiffs had not responded to the discovery served on them by Walmart on Oct. 30, 2012.

The show cause order was served on the plaintiffs and their counsel, but, despite this, neither the plaintiffs nor their counsel appeared for the hearing, according to the dismissal order filed Sept. 10 in Putnam Circuit Court.

“The court notes that it is the court’s understanding that counsel for the plaintiffs is undergoing treatment for a serious illness. However, as the show cause order was served directly on plaintiffs themselves and clearly directed that the plaintiffs were to attend the hearing, the court finds that failing to respond to discovery and subsequently failing to attend any hearing held herein, the plaintiffs have failed to prosecute their claims,” the dismissal order states.

The court ordered that the case be dismissed without prejudice and the civil action to be stricken from the court’s docket.

On Aug. 10, 2010, Frances Marcum was shopping at Walmart when she slipped on debris or a substance on the floor of the store and became injured, according to a complaint filed Aug. 9, 2012, in Putnam Circuit Court.

Marcum claimed as a result of the contact with the debris or other substance on the floor, she suffered a fall, which required medical care.

As a result of the fall, Marcum suffered pain, mental anguish and other residual damages, including scaring and disfigurement, according to the suit.

Marcum claimed Walmart was negligent in having foreign substances or debris on the floor in their customer service area that were dangerous and likely to cause injury to customers.

Walmart knew or should have known that customers would come into contact with the debris and injury would result from contact, according to the suit.

Marcum and her husband, Harry Marcum, were seeking compensatory damages. They were represented by James M. Casey.

The defendants were represented by Tanya Hunt Handley and John L. MacCorkle of MacCorkle Lavender PLLC.

The case was assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 12-C-252

Fairless

WINFIELD – A lawsuit against HIMG Professional Services for discrimination has been confidentially settled and dismissed.

On Oct. 17, a letter was filed in Putnam Circuit Court directed toward Circuit Judge Phillip Stowers stating that on Sept. 24, A. Andrew MacQueen met with counsel, the plaintiff and a responsible representative of the defendant to attempt to mediate the case.

A settlement was reached which resolved all matters in dispute between the parties, according to the letter.

An agreed order of dismissal was filed on Nov. 25, dismissing the cause with prejudice.

Amanda Warren was employed by HIMG as a medical assistant and worked in its Teays Valley office, according to a complaint filed Aug. 15, 2012, in Putnam Circuit Court.

Warren claimed the defendant created a “racially hostile work environment” by calling her racial slurs, allowing racial jokes and discriminating against her.

The defendant would not allow Warren to sit at the front desk to great patients due to the color of her skin, according to the suit.

Warren claimed the defendant also would not allow her to participate in Triage patient care, which she was certified to do.

When Warren reported the defendants’ actions, the defendant retaliated by cutting her hours, refusing lunch breaks and failing to promote her to a full-time position, according to the suit.

Warren was seeking compensatory damages. She was represented by Lia DiTrapano Fairless of the DiTrapano Law Firm PC and Elizabeth G. Kavitz of DiTrapano, Barrett & DiPiero PLLC.

The defendant was represented by Brian J. Moore and Katherine B. Capito of Dinsmore & Shohl LLP.

The case was assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 12-C-257

WINFIELD – A Putnam County man is suing over claims he was injured on the icy parking lot of a convenience store.

Richard Saunders filed a lawsuit Dec. 3 in Putnam Circuit Court against Go-Mart Inc., citing negligence.

According to the complaint, Saunders was at the Go-Mart in Poca on Dec. 21, 2013, when he stepped out of the vehicle he was riding in and slipped on the ice-covered parking lot, causing him to fall and sustain injuries to his wrist, elbow and back. The defendant is accused of negligence in failing to remove the ice or warn visitors of the dangerous condition.

Saunders seeks compensatory damages.

He is represented by attorney Lia DiTrapano Fairless of DiTrapano Law Firm in Charleston. The case has been assigned to Circuit Judge Phillip M. Stowers.

Putnam Circuit Court case number: 14-C-286

WINFIELD – A Putnam County man is suing over claims he was injured when he slipped on ice in a Little General Convenience Store parking lot.

Forest Scarbro filed a lawsuit Dec. 10 in Putnam Circuit Court against Little General Stores Inc., citing negligence.

According to the complaint, Scarbro was in the parking lot near the gas pumps in front of the Little General Convenience Store in Hurricane on Feb. 15, when he slipped on ice and snow and sustained injuries, including torn cartilage in his knee that will require surgery. The defendant is accused of negligence in failing to remove the ice and snow or warn the plaintiff of the dangerous condition.

Scarbro seeks compensatory damages, interest and costs.

He is represented by attorneys Paul E. Biser of Fredeking and Fredeking Law Offices in Huntington, and Charles Amos of Barrett Chafin Lowry & Amos in Huntington. The case has been assigned to Circuit Judge Joseph Reeder.

Putnam Circuit Court case number: 14-C-293

WINFIELD – A Putnam County man is suing over claims he was fired based upon his age.

James Milton Young filed a lawsuit Dec. 5 in Putnam Circuit Court against Bayer CropScience, citing age discrimination.

According to the complaint, Young was hired by the defendant in 1984 and worked as a chemical plant operator and shift supervisor at a chemical manufacturing facility in Institute until this year.

Young says as of Jan. 1, 2013, he was one of the oldest, most tenured supervisors in his production group, making him eligible for the defendant’s voluntary separation program which would permit him to retire with a benefits package and two weeks of regular pay for each of his years in service.

The complaint states Young applied for the program but was rejected on Jan. 17, 2013, so he continued working until May 5 of this year when he received a letter that he had been terminated.

The plaintiff, who was 59 at the time of termination, accuses Bayer CropScience of age discrimination for firing the plaintiff based upon his age.

Young seeks damages, back pay and benefits, front pay or reinstatement, interest, costs and attorney fees.

He is represented by attorneys Thomas H. Peyton and Harvey D. Peyton of Peyton Law Firm in Nitro. The case has been assigned to Circuit Judge Joseph Reeder.

Putnam Circuit Court case number: 14-C-287

WINFIELD – A man is suing a company over claims it refused to issue a commission check to him for profits earned during his employment.

Gary Guy filed a lawsuit Jan. 26 in Putnam Circuit Court against U.S. Bearing and Power Transmission Company, alleging breach of contract and violation of the West Virginia Wage Payment and Collection Act.

According to the complaint, Guy was hired by the defendant May 2011 and the written terms of the employment agreement stipulated he would be paid the salary of $42,500 and an 8 percent commission on all sales exceeding the gross profit level of $50,000 per month. The defendant understood the commission check would be issued monthly when Guy met gross profits as established by the agreement, the suit states.

In September 2011, Guy reached a level of sales that yielded $74,000 of profit, according to the suit, but the defendant informed Guy the amount yielded was not based upon a net profit.

Guy alleges the defendant never issued him a commission check.

Guy is represented by attorney Kathryn Reed Bayless of Bayless Law Firm in Princeton.

Putnam Circuit Court case number: 15-C-15

WINFIELD – A woman living by a chemical plant once owned by Monsanto has sued, blaming her peripheral neuropathy, a nerve damage condition, on exposure to toxic chemicals.

Mary B. Spaulding filed a lawsuit Jan. 12 in Putnam Circuit Court against Monsanto Company, Pharmacia Corporation, Flexsys America and Solutia Inc.

According to the complaint, Spaulding’s nerve damage was caused by exposure to dioxins/furans contamination of the air and the property near the plant in Nitro. The chemical company failed to properly dispose of materials at its plant, resulting in contamination, the lawsuit states.

The plaintiff seeks damages, repayment for medical bills and payment of future medical bills, lost wages and compensation for pain and suffering. Attorney Stuart Calwelll of the Calwell Practice in Charleston, is representing Spaulding.

Putnam Circuit Court case number: 15-C-8

WINFIELD – A Kanawha County woman has sued her employer for alleged age discrimination.

Jean V. Johnson filed a lawsuit Feb. 10 against Rock Branch Mechanical Inc. and Brett L. Haddix, both of Putnam County, in Putnam Circuit Court, alleging discrimination and violation of the West Virginia Human Rights Act.

According to the complaint, Johnson, 59, was employed by Rock Branch in Putnam County from 2007 until 2013, and she was terminated due to her age Feb. 14, 2013, by Haddix, her supervisor. The suit states that Johnson performed her job duties adequately and is entitled to either reinstatement or front pay.

Johnson requests back pay and compensation for distress plus punitive damages, attorney fees and costs. She is represented by attorneys J. Michael Ranson and Cynthia M. Ranson, of Ranson Law Offices in Charleston. The case has been assigned to Circuit Judge Philip M. Stowers.

Putnam Circuit Court case number: 15-C-31

WINFIELD – A Putnam County man has sued his employer for alleged discriminatory actions.

Termaine Bateman of Putnam County filed a lawsuit Feb. 5 against International Fiber Corporation in Putnam Circuit Court, alleging wrongful termination.

According to the complaint, Bateman was employed by International Fiber from March 2010 until May 2011, during which time he suffered an on-the-job injury, underwent two knee surgeries and filed a worker’s compensation claim.

The suit states Bateman’s supervisors said he was committing fraud by supposedly filing a non-work related claim, placed him on unpaid suspension and fired him May 24, 2011. Bateman filed suit and settled the matter Oct. 2, 2012. The plaintiff and the defendant then entered into a new employment contract, the lawsuit says, and Bateman was terminated a second time Jan. 5, 2015, in retaliation.

Bateman alleges distress and seeks damages for lost wages and benefits, plus attorney fees and costs. He is represented by attorneys  and John-Mark Atkinson of Atkinson & Polak in Charleston. The case has been assigned to Circuit Judge Phillip M. Stowers.

Putnam Circuit Court case number: 15-C-26

WINFIELD – The parents of a child who is now in a vegetative state are suing Teays Pediatrics for their son’s injuries.

Stallamb PLLC is doing business as Teays Pediatrics.

Dr. Ann Lambernedis was also named as a defendant in the suit.

On May 6, 2003, Gabriel Griffith was born a healthy child and received pediatric care from the defendants throughout his young life, according to a complaint filed Feb. 12 in Putnam Circuit Court.

Tabitha Griffith and Carl Griffith claim on Dec. 13, 2010, their son presented to the defendants with complaints of vomiting over the last weekend and the defendants failed to conclusively diagnose the cause of the vomiting or take his pulse during the visit.

On Dec. 16 and Dec. 23, 2010, there were multiple calls placed by the Griffiths to the defendants regarding their son’s vomiting and on Dec. 27, 2010, Gabriel Griffith returned to the defendants because he was still vomiting, which they failed to diagnose the cause, according to the suit.

The Griffiths claim on July 18, 2011, they took him to the defendants again for vomiting and, while they failed to diagnose the cause of the vomiting, his pulse was recorded as being 100.

On July 26, 2011, Gabriel Griffith was referred to a gastroenterologist and his appointment was for the following week. At that appointment, his pulse was recorded as over 190 and he was transferred to Cabell Huntington Hospital, where he was diagnosed with Supraventricular Tachycardia.

Gabriel Griffith’s SVT did not resolve with medication and arrangements were made to transfer him to Ohio State, however, prior to transfer and during an attempt to intubate him, he arrested and is in a permanent vegetative state.

The defendants’ negligence, carelessness and recklessness caused Gabriel Griffith to suffer a cardiac arrest resulting in significant and permanent hypoxic injury, according to the suit.

The Griffiths claim the defendants violated the applicable standard of care.

The Griffiths are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Richard D. Lindsay and Dr. Richard D. Lindsay of Tabor Lindsay & Associates.

The case is assigned to Circuit Judge Joseph Reeder.

Putnam Circuit Court case number: 15-C-32

WINFIELD – The new Five Guys restaurant in Teays Valley isn’t even open yet, but it already has been sued.

An Ohio business contracted to perform plumbing work at the location has filed suit against the contractor, the restaurant franchisee and the building owner after another plumber was hired.

Now Service Pros LLC filed its complaint Feb. 26 in Putnam Circuit Court against Bill Beckwith Builders LLC, Ram Entertainment LLC dba Five Guys Burgers & Fries and M2 Properties LLC.

NSP claims it entered into the $27,020 contract with Bill Beckwith Builders on Jan. 7 to do the plumbing work at the Five Guys being built on Teays Valley Road.

NSP says it began the work on Jan. 12. But after three days of work, the company says it learned another subcontractor had been hired to complete the job.

“Without explanation, BBB kicked plaintiff off of the job,” the complaint states, noting that NSP expected a profit margin of about $7,000 on the job.

NSP says it invoiced the contractor for $4,395, which was the amount of actual work completed from Jan. 12 to Jan. 14. It says BBB hasn’t paid the invoice.

NSP says it filed a mechanic’s lien against BBB in February. It accuses BBB of breach of contract and unjust enrichment. It seeks the $4,395 from the submitted invoice as well as the $7,000 of lost profits. It also seeks pre- and post-judgment interest and other relief.

NSP is being represented by Huntington attorney Timothy P. Rosinsky of Rosinsky Law Office. The case has been assigned to Circuit Judge Phillip M. Stowers.

Putnam Circuit Court case number: 15-C-41

CHARLESTON – A Kanawha County woman is suing Bon-Ton Department Stores after she claims she was injured while on its property as a customer.

On Oct. 12, Audrey R. Williams was a business invitee of Bon-Ton’s Elder-Beerman store in Putnam County when a rack of clothing fell on her and caused her to fall, according to a complaint filed Jan. 23 in Kanawha Circuit Court.

Williams claims the defendant was negligent in failing to ensure that its rack was properly secure and stable.

As a result of the defendant’s negligence, Williams suffered a comminuted left femur fracture and other injuries, according to the suit.

Williams claims she incurred medical and rehabilitation expenses; pain and suffering; physical limitations and permanent impairment; diminished capacity to enjoy life; annoyance and inconvenience; and other consequences and damages.

Williams is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Arden J. Curry II and David K. Schwirian of Pauley Curry PLLC.

The case is assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 15-C-141

CHARLESTON — West Virginia Attorney General Patrick Morrisey says a permanent injunction has been entered against the owner of a Georgia-based business that sold illegal synthetic drugs in West Virginia.

Putnam Circuit Judge Phillip Stowers fined Drew Green, the owner of the now-defunct Nutragenomics Manufacturing LLC, $375,000 in civil penalties for violating the West Virginia Consumer Credit and Protection Act by misleading customers and mislabeling the chemicals his company sold over the phone and online. Additionally, the court ordered Green to pay $18,357.54 in restitution.

“This injunction is a victory for our state,” Morrisey said. “Shutting down the marketers and distributors of these illegal drugs is critical to helping end the scourge of drug addiction that plagues our state.”

Synthetic drugs are chemicals that are specifically designed to mimic the effects of marijuana, methamphetamine, and other controlled substances. They are sold as “incense,” “plant food,” or “bath salts” and while labeled as “not for human consumption” are marketed online as a way for users to get high. Manufacturers frequently alter the compounds used to make synthetic drugs in order to evade state and federal laws.

The West Virginia Attorney General’s Office began investigating Green and Nutragenomics in early 2012. That investigation led to federal agents seizing Nutragenomics’ assets. Later that year, Green pleaded guilty to one count of conspiracy to distribute a controlled substance in U.S. District Court in Louisiana. Green was sentenced to 117 months in prison in December 2014.

Nutragenomics filed for bankruptcy in December 2012.

Earlier this year, Morrisey joined 42 other state and territorial attorneys general in a letter asking British Petroleum, Chevron Corp., Citgo Petroleum Corp., Exxon Mobil Corp., Marathon Petroleum Corp., Phillips 66, Shell Oil Co., Sunoco, and Valero Energy Corp to collaborate with franchisees to help eliminate illegal synthetic drugs from gas stations and convenience stores.

“The fact that synthetic drugs have been available at locations operating under respected brand names has only exacerbated an already growing problem,” the letter states. “Young people are the most likely to use these dangerous drugs, and their availability in stores operating under well-known brands gives the appearance of safety and legitimacy to very dangerous products.”

WINFIELD – A lawsuit filed over chemicals accepted at a Putnam County landfill is headed for resolution.

The proposed agreement calls for Disposal Services Inc. and Waste Management to pay the Putnam County Commission and the City of Hurricane about $600,000 for legal fees and other costs associated with the lawsuit.

The governments filed the lawsuit last year after the companies accepted thousands of gallons of chemicals from Freedom Industries in the wake of last January’s spill that contaminated the water of more than 300,000 residents in nine West Virginia counties.

DSI operates the landfill that is located near the Putnam border with Lincoln County.

The agreement also includes monitoring for the chemical MCHM at the landfill for five years. If it is detected, the landfill would stop its aeration process and leachate discharge that flows into Hurricane’s water treatment plant.

“The taxpayers are not out any money for our legal services,” said Charleston attorney Mike Callaghan, who represented Hurricane and Putnam County in the case.

The Putnam County Commission approved the agreement Tuesday. It still must receive final approval from Hurricane, DSI and WM.

In the original complaint, the governments sued DSI and WM after the landfill took in as much as 40,000 of crude MCHM and other chemicals from Freedom Industries. The governments said the landfill could not properly handle the chemicals, and they wanted to force the landfill to remove the material.