Alicia Cochran and Craig Cochran, as Parents and Next Friends of Tyler Cochran v. Monongalia General Hospital Inc. and James M. Holehouse, M.D. and Holehouse and Rollins, Inc.
PA-Kelly Reed and Kelly Kimble J-N/A
* On May 6, 1999, Alicia Cochran was admitted to Monongalia General Hospital for the birth of her baby. She was given the drug Pitocin, which induces contractions. She remained in labor for 24 hours. Whille in labor she was evaluated by Dr. J.M. Rollins and was assured that the baby’s fetal heart tones were normal. Cochran was also seen by Holehouse. She was in labor for 24 hours. Tyler Cochran was born on May 7, 1999. He required intubation and other life support measures. Cochran claims that during the period of labor, the attending staff failed to identify nonreassuring heart rate decelerations. Cochran also claims that she should have also not been given additional Pitocin when the baby’s heart rate was questionable. As a result, Tyler Cochran suffered hypoxic ischemic encephalopathy and other related neurological injuries. The Cochrans are seeking judgment and damages in addition to pain and suffering and future medical expenses.
Case number: 07-C-395

Rhonda Shahan and Gary V. Shahan v. Boston Scientific Corporation and Monongalia County General Hosptial Company
PA-John R. Angotti; J-N/A
* Rhonda Shanan was involved in a motor vehicle accident in January 1998. Receiving injuries to her bladder, she suffered urinary stress incontinence. In April 1998 it became necessary for her to have a ProteGen Vaginal Sling inserted to control the problem. Shahan experienced problems with the Sling in December 2005. Her urologist recommended removal of the sling. Shahan underwent surgery for the sling removal on Dec. 13, 2005. During the procedure, her doctor noted severe prolapse of the bladder. This condition ultimately resulted in Shahan undergoing a hysterectomy. Shahan and her husband claim Boston Scientific Corporation is responsible for producing a faulty product and selling that product to Monongalia General Hospital. They seek compensatory damages and all costs associated with the filing of this action.
Case number: 07-C-401

Josephine Tarantini, Individually and dba Ralph’s Beer Distributor Inc. v. Morgantown Utility Board
PA-John R. Angotti; J-N/A
* Tarantini alleges that Morgantown Utility Board (MUB) installed a sewer line that encumbers Tarantini’s property. MUB has been asked to remove and/or relocate the sewer line at their cost. In addition to refusing to move the sewer line, they advised Tarantini she must bear the costs of relocating the line. Tarantini is asking for compensatory damages and for MUB to remove the sewer line.
Case number: 07-C-402

MORGANTOWN – A Marion County couple has filed a medical malpractice suit against a Monongalia County hospital and the physician who delivered their son.

Alicia and Craig Cochran filed a suit June 19 in Monongalia Circuit Court, on behalf of their son, Tyler. The suit names Monongalia General Hospital, James M. Holehouse, M.D., and Holehouse and Rollins Inc., as defendants.

The Cochrans claim steps taken during the labor and delivery of the baby caused him to have permanent mental injuries.

According to the suit, Alicia Cochran was admitted to the hospital May 6, 1999, to have her labor induced. She was given the drug Pitocin, which is used to induce and augment contractions.

Tyler Cochran was born May 7. According to the suit, he was born with Apgar scores of zero and five, and required intubation and other life support measures.

“The baby had flaccid muscle tone, absence of reflexes including root, suck, grasp, gag and was gasping,” the suit says.

The Cochrans claim the nurses monitoring the birth of Tyler should have noticed repetitive prolonged decelerations and variable decelerations consistent with nonreassuring fetal heart rate. At that time, Pitocin should have been discontinued.

The suit also says the baby should have been born by cesarean section.

Tyler Cochran now suffers from hypoxic ischemic encephalopathy and related neurological injuries.

Therefore, as his parents, Alicia and Craig Cochran, through attorney Kelly R. Reed, seek punitive and compensatory damages in an unspecified amount.

Monongalia Circuit Court case number 07-C-395

June 5
Campus Living Property Interests and Kane Core Inc. vs. Planning Commission of Morgantown and Christopher M. Fletcher, in his capacity as Planning Director of the City of Morgantown and The City of Morgantown
PA-Robert L. Shuman; J-Russell M. Clawges
* Campus Living and Kane Corp. filed a Writ of Certiorari against the Morgantown Planning Commission and Christopher Fletcher, the city’s Planning Director claiming they arbitrarily and wrongly denied Campus Living’s and Kane Corps site plan for a 12-story student housing facility in Morgantown. They also assert the site plan was approved with suggestions of only minor changes by the Morgantown Design Review Committee and recommended approval of the plan by the Planning Department. Campus Living and Kane Core modified their original site plan from a 19-story to a 12-story building. Other changes were made, but not limited to, the total square footage and number of housing units in the proposed building. They claim such changes did not constitute a “material deviation” from the original plan and, as such, were not subject again to review. They also claim the building would strengthen the economy of downtown. Campus Living and Kane Core allege The Morgantown Planning Commission, their Planning Director and The City of Morgantown denied their modified plan without explanation. They seek a reversal of the Planning Commission’s denial, as well as a new two-year expiration deadline for the modified site plan application and an injunction tolling or extending the deadline applied to the original site plan while the appeal is pending.
Case number: 07-C-361

June 29
Jeffrey S. Carpenter and Renee Carpenter v. Gregory J. Hadjis, Individually, Alcon Planning and Consulting, A Division of J.F. Allen Company, A West Virginia Company, Alcon, LLC, A West Virginia Company, David H. Walker, Individually and as a member or mananger of Pronto Construction, LLC., a West Virginia Company
PA-John C. Scotchel Jr.; J-N/A
* Gregory Hadjis, Alcon Planning and Consulting, Alcon and David H. Walker of Mgr. of Pronto Construction were hired by Jeffrey and Renee Carpenter to construct a Carriage House/Garage and retaining wall on their property in Greystone on the Cheat. In late August 2006, the Carpenter’s learned that Gregory Hajdis, Alcon Planning and Consulting did not properly perform with work that was agreed to by the parties. Said work was in violation of the covenants of Greystone on the Cheat.

July 2
Melissa Eakle Leasure aka Melissa S. Eakle v. Christopher L. Pitt and Ann R. Dehaan
PA-pro se; J-Robert B. Stone
* While driving north on University Avenue in Morgantown, Leasure’s car was struck by a vehicle driven by Christopher Pitt. Ann Dehann owned his vehicle. Leasure claims that Dehaan, as owner of the vehicle, negligently entrusted Pitt with possession and operation of her vehicle. Leasure is seeking $13,000 in compensatory damages, pain and suffering, interest, costs and legal fees
Case number: 07-C-421

July 5
Bobbie M. Fowler v. Angeline M. Palone
PA-Daniel Fowler; J-Russell M. Clawges
* In July 2005, Bobbie Fowler was driving her 1998 Subaru Legacy on I-79 near the Chaplan Road exit. Driving south on I-79 near the same exit, Angeline Palone struck Fowler’s vehicle in the rear with her 1997 Honda Civic. Fowler maintains that Palone was traveling at a speed that was too fast for weather and road conditions. Fowler has incurred over $5,000 in medical expenses for injuries sustained to her neck, head, shoulders, back, hips and legs. She is seeking compensatory damages, attorney fees, and future medical expenses.
Case number: 07-C-432

July 13, 2007
Teresa Marie Cummins and Timothy Cummins v. Savage Industries Inc. and Thomas Charles Erwin
PA-William L. Frame; J-N/A
* In August 2005, Teresa Cummins was driving her 1996 Saturn south on U.S. 19, and Erwin, a Savage employee, was driving a company 2002 Mack tractor-trailer. Erwin’s vehicle crossed the center line, striking Cummins’ vehicle. Cummins suffered fractures of the tibia and fibula in her right leg, dislocation of her left finger and other bruises and contusions. Cummins has incurred over $62,000 in medical expenses and will require additional future medical expenses. Timothy Cummins is claiming the lose of consortium. The Cummins’ seek compensatory damages for injuries and court costs from Savage and Erwin.
Case number: 07-C-461

Marietta Cetrangolo v. Esmail Monazam and REM Engineering Services PLLC
PA-Jacques R. Williams; J-N/A
* REM hired Marietta Cetrangolo in September 2002. She was advised that her benefit package with the company would include health insurance. Cetrangolo asked on numerous occasions to be included in REM’s health insurance and was declined by Monazam. Cetrangolo claims the refusal was age- and gender-based discrimination. She was instructed to opt out of the coverage, which she did, for fear of losing her job. Cetrangolo suffered a severe illness in both 2006 and 2007, each time requiring extensive treatment and hospitalization. Based on information available, had Cetrangolo been covered by REM’s health insurance, her medical costs would have been covered. Since she was not, her out-of-pocket medical expenses totaled $31,000. In May 2007, Cetrangolo’s attorney wrote to Monazam regarding her concerns. In response to this correspondence, Centrangolo suffered threatening and accusatory behavior from Monazam in addition to a demotion. No longer being able to endure the workplace conditions, Centrangolo quit her job. Centrangolo seeks compensatory and punitive damages against Monazam and REM, along with pre- and post-judgment interest, costs and attorney fees.
Case number: 07-C-465

July 17
Emily Wolf v. Mountaineer Gas Company
PA-J. Brian Edwards; Judge-Russell M. Clawges Jr.
* Wolf claims that in December 2006, Mountaineer Gas wrongfully placed a gas line through her property outside of any existing right of way. This action has limited Wolf’s ability to fully utilize her property as she wishes. She is seeking compensatory damages; present and future rental value for Mountaineer Gas’ unlawful use of her property and the costs to repair her property after the gas line is removed. Wolf also asks for punitive damages, pre and post judgment interest, costs and attorney fees.
Case number: 07-C-466

July 18
Jeromy Jackson, Trela Jackson and Andrew Ellifritz v. McDonald’s Corporation, McDonald’s Restaurants of West Virginia, Inc., Golden Arch, Inc., McDonalds of Star City West Virginia, Jane A. and Jane B. Doe, McDonalds’ Employees and John A. and John B. Doe, McDonald’s Employees
PA-Timothy D. Houston; Judge-Robert B. Stone
* Jeromy Jackson placed an order for two quarter pounders without cheese at the Star City McDonald’s. He was very specific in his request since he had a food allergy to cheese. During the time his quarter pounders were being prepared, he took multiple preventative steps to make sure his request for no cheese was honored. As he bit into the sandwich, he realized the worker did not exclude the cheese from the sandwich as requested and suffered an immediate allergic reaction. Trela Jackson, his mother, took him to United Hospitals in Clarksburg, where he was treated. Doctors advised him he was only moments from death or a debilitating injury. They are asking for judgment against the defendants in the amount of $10,000,000.
Case number: 07-C-469

MORGANTOWN – A Monongalia County woman has filed a lawsuit seeking damages after she was hit by a Mack truck.

Teresa Marie Cummins, along with her husband Timothy, filed the suit July 13 in Monongalia Circuit Court, against Savage Industries, Inc. and Thomas Erwin.

Erwin, from Morgantown, was operating a 2002 Mack tractor-trailer owned by Savage on Aug. 24, 2005. Erwin was driving north on U.S. 19, and Teresa Cummins, driving a 1996 Saturn, was going south on the same road.

According to the suit, Erwin failed to maintain control of the truck and it crossed into the southbound lane of 19, and struck Cummins.

Cummins claims she broke her tibia and fibula in her right leg, fractured her medial malleolus and her left hand and has dislocated fingers, as well as bruises, contusions and abrasions.

She claims she has incurred more than $62,000 in medical expenses and will “with reasonable certainty,” incur more expenses in the future.

Timothy Cummins claims he has lost the companionship and consortium of his wife.

Together, they seek an amount to fully and fairly compensate them for the injuries and damages they have sustained.

Attorney William L. Frame represents the Cummins.

Monongalia Circuit Court case number 07-C-461

July 24
Midtown Motors Inc. v. Carl Neal Sickles
PA-J. Bryan Edwards; J-NA
* While operating his Chevy truck, Carl Sickles attempted to pull into the parking lot of Tireland, a business located on the Mileground. He was unable to stop his vehicle and crashed into a new 2007 Suzuki SX4 owned by Midtown Motors Inc. The Suzuki was under contract to be sold to another dealer but due to the damage that occurred, the sale was unable to be completed. Midtown alleges Sickles’ operated his vehicle knowing that the brakes were faulty and the inspection sticker had expired. They are seeking compensatory and general damages, loss of profit from the sale of the vehicle, floor plan interest from having to keep the vehicle in inventory, pre and post judgment interest as well as court costs and attorney fees.
Case number: 07-C-487

Timothy D. Houston

MORGANTOWN – A Monongalia County man is seeking $10 million from McDonald’s after an employee put cheese on his sandwich.

Jeromy Jackson, his mother Trela Jackson and his friend Andrew Ellifritz filed a suit July 18 in Monongalia Circuit Court against the popular fast-food chain because Jeromy Jackson is allergic to cheese.

According to the suit, Jackson, his mother and friend went to the drive-thru at the McDonald’s on Chaplin Road in Morgantown on Oct. 30, 2005. Jackson claims he ordered two “Quarter Pounders” without cheese, stating he was allergic to cheese.

“From this point forward, Mr. Jackson repeatedly asked as to the status of his food and whether it had no cheese, and took multiple preventive steps to assure his food did not contain cheese,” the suit says.

The suit says Jackson received his food, bit into one of his sandwiches and immediately began to have a severe allergic reaction. He was rushed to United Hospital Center in Clarksburg.

“Mr. Jackson was only moments from death and/or seriously debilitation injury when hospital staff intervened,” the suit says.

Jeromy Jackson suffered injuries to his body and mind and has incurred medical expenses. Jackson, his mother and friend claim to have suffered mental anguish, pain and suffering and a loss of enjoyment of life.

The lawsuit claims the negligence of McDonald’s put the lives of Trela Jackson and Ellifritz in danger also, because they were forced to rush Jeromy Jackton to the hospital under dangerous conditions.

In the four-count suit, the plaintiffs seek $10 million in punitive and compensatory damages.

In addition to McDonald’s Corporation, the McDonald’s Restaurants of West Virginia, Golden Arch Inc., McDonald’s of Star City West Virginia, two Jane Does and two John Does are named in the suit.

Attorney Timothy D. Houston represents the plaintiffs.

Monongalia Circuit Court case number 07-C-469

Aug. 1
West Virginia National Auto Insurance Co., Inc. A/S/O Iva Davis v. Joshua Godwin
PA-Mark E. Gaydos; J-Russell M. Clawges Jr.
* While driving his 2001 Jeep Cherokee, Godwin lost control of his vehicle causing it run off the road and flip over before coming to a stop. Kenneth Helmick, who was a passenger in the vehicle, suffered injuries that required medical treatment and rehabilitation. Godwin was uninsured at the time of the accident. Helmick was covered under an insurance policy of the subrogee Iva Davis. WV National paid $20,000 to Helmick, the amount equal to the per person policy limits under the uninsured motorists benefit package. WV National is seeking judgment against Godwin for the $20,000 paid under the claim in addition to legal fees and interest.
Case number: 07-C-504

Aug. 1
Frankie A. Crider v. Jack M. Bergstein, MD., Stephen S. McNatt, MD., and the WVU Board of Governors
PA-Frankie A. Crider; J-Russell M. Clawges Jr.
* On May 16, 2001 Crider underwent surgery for a gastric bypass procedure performed by Bergstein. Complications occurred during surgery that required additional sutures for leakage. It was also discovered that the distal gastric pouch was burned by electrocautery. Crider was discharged from the hospital on May 23, 2001. Initially after the surgery Crider lost weight, but over an eight- to 10-month period, began to gain weight. Crider contacted another physician, McNatt. In January 2004, he had surgery for a takedown of the gastric fistula with partial gastrectomy. Crider again returned to the hospital in February 2004 complaining of pain, fever and discharge from the drain site. It was determined that Crider developed an intracutaneous fistula with bowel leak and abscess formation as a result of the surgery performed by McNatt. Crider is seeking judgment against Bergstein and McNatt for injuries, damages, losses, medical expenses and past and future earnings.
Case number: 07-C-510

Aug. 10
Dan L. Shearer III, Stacy Shearer and Cody Shearer v. Jennifer Renea Murray, Denise Murray and Summit Motors Inc.
PA -Edmund J. Rollo; J-Russell M. Clawges, Jr.
* While driving on Tyrone Avery Road, Dan Shearer claims Jennifer Murray improperly turned into his lane of traffic. Her actions caused her vehicle to collide with Shearer who was driving a motorcycle. She was cited for failure to maintain control. Denise Murray, owner/operator of Summit Motors Inc., owns Murray’s vehicle. As a result of the accident, Shearer suffered permanent physical injuries and has incurred substantial medical expense. Shearer is seeking compensatory damages for past, present and future medical expenses, economic losses and lost wages. Stacy and Cody Shearer, wife and son of Dan Shearer, are seeking judgment against Murray for loss of companionship and consortium. In addition, Shearer asks for pre and post judgment interest, costs and attorney fees.
Case number: 07-C-522

Steve Blake v. Grand Central Building Limited Liability Company of Morgantown LLC
PA-Timothy D. Houston; J-Robert B. Stone
* Prior to August 2005, Grand Central Building employed Steve Blake. As part of his employment, Blake and his wife were given living space at Grand Central Station. During the time they lived there, they built and made improvements to the space with their own labor. On Aug. 16, 2005, Blake’s employment was terminated. Blake was on temporary total disability when he was fired. He was also evicted from his home and was forced to find emergency housing. He claims his termination was a per se discriminatory employment practice. Blake claims as a result of the termination, he has suffered mental anguish, loss of wages and loss of future earning capacity. Blake seeks judgment for fair compensation, costs and expenses in bringing the suit, attorney fees and punitive damages.
Case number:a 07-C-523

Houston

MORGANTOWN – A lawsuit filed by a West Virginia man against the world’s top fast food chain has been a hot topic on news talk shows and message boards across the nation.

Jeromy Jackson is suing McDonald’s, seeking $10 million in punitive damages after he had an allergic reaction to the cheese on his sandwich he purchased from the restaurant.

The suit was filed July 18 in Monongalia Circuit Court by attorney Timothy D. Houston. Jackson’s mother, Trela, and his friend Andrew Ellifritz are also named as plaintiffs in the suit. Trela Jackson and Ellifritz were in the car with Jeromy Jackson, and claim they were put in danger when they had to rush him to the hospital.

According to the suit, Jackson went to the McDonald’s on Chaplin Road in Morgantown and ordered two Quarter Pounders without cheese. Jackson claims he repeatedly asked employees at the restaurant to make sure no cheese would be placed on his sandwiches.

According to an interview with the Charleston Daily Mail, Houston said Jackson, his mother and his friend got their food, then drove to Clarksburg to watch a movie in a darkened room. Houston claims Jackson pulled out his burger and bit into it, thinking there would be no cheese on it.

However, Jackson immediately started to have an allergic reaction and was taken to a Clarksburg-area hospital. Jackson seeks $10 million in punitive damages.

“We’re interested in seeing McDonald’s take responsibility and change a systemic quality control problem that endangers the lives of up to 12 million Americans with allergies,” Houston told the Daily Mail.

Houston told the Daily Mail that Jackson told a McDonald’s worker through the drive-thru speaker and two others face-to-face at the drive-thru windows that he was allergic to cheese.

“By my count, he took at least five independent steps to make sure that thing had no cheese on it,” Houston told the paper. “And it did and almost cost him his life.”

Houston told the Daily Mail that someone immediately called McDonald’s to report the problem but had to go to take Jackson to the hospital. Houston also said two McDonald’s managers called Jackson afterward to apologize.

McDonald’s first offered to pay half of Jackson’s $700 in medical bills, then later offered to pay all of it. That offer was refused.

In a statement to The West Virginia Record, Houston said all of the facts in the case need to be released.

“While we, the plaintiffs against McDonald’s, are flattered that the public had found Mr. Jackson’s story interesting, we feel it is important to emphasize that all the facts in this case have not yet been brought to light,” Houston said Thursday in the statement.

“We thank both the press and the public for their support on what we regard as not just a tort claim, but additionally an important public health issue.”

The story has been a popular topic on message boards and talk shows, even crossing onto some British Web sites.

The original West Virginia Record article about the case was featured last week in the Wall Street Journal’s Best of the Web, and it was one of the most-discussed stories Monday on MSNBC.

More than 138,000 hits about the story were found on Google as of Wednesday night. Here is what some others are saying about the case:

* Conservative radio host Sean Hannity discussed the case on his show, and his Web site, citing the suit as a reason the country needs tort reform. A person commenting on the thread said, “I won’t go so far as to say that the lawsuit itself is wrong. The McDonalds [sic] did screw up his order in a way that they were made aware could pose a health risk. But this negligence is mitigated by the contributory negligence of the customer when he didn’t even bother to check the burger himself.”

* Bob Parks, senior editor of the New Media Journal, said this on his blog, Black and Right, “Let’s be real. There are a lot of good people working at fast food joints, but they are also not highly paid and some really don’t give a damn. If I was awarded $10 million for every time I got a tomato on my Whopper or fried egg on a Sausage McMuffin after asking for them not to be included, I’d own a few franchises and I’d always get it my way.”

* Jonathan David Morris, of Renew America, had this to say, “I am not lactose intolerant, but I sympathize with Jackson. Moreover, I have no sympathy whatsoever for McDonald’s here. True, had he lifted his bun and checked before biting, Jackson could have saved himself from harm. But at what point do we say enough is enough already? McDonald’s ‘mistake’ was no honest error. These fast food chains have been pushing cheese on us for years.”

* One moderator on the blog iraqnow.blogspot.com said, “It’s hard for me to imagine why it should be more important for McDonald’s workers to ensure he got a no-cheese burger than it would be for him. If he can’t be bothered to take some responsibility and look for himself, then why should anyone else be expected to do so?”

Houston told The Record on Thursday the case will remain in Monongalia Circuit Court, and he also said he will not comment to the media as the litigation process continues.

MORGANTOWN – A Pennsylvania woman has filed a medical malpractice suit against a Morgantown doctor after she developed complications from her gastric bypass surgery.

Frankie A. Crider, who is representing herself, filed a suit Aug. 7 in Monongalia Circuit Court, against Jack M. Bergstein, M.D., Stephen S. McNatt, M.D., and the West Virginia University Board of Governors.

Crider claims she developed complications after her May 16, 2001, gastric bypass procedure for obesity, which was performed by Bergstein.

According to the suit, Crider had a number of leaks, which required suturing. Also, the distal gastric pouch was burned by an electrocautery, which Crider did not know.

Crider started to lose weight. But after eight to 10 months, she began to gain weight.

On Jan. 27, 2004, Crider underwent a takedown of a gastro-gastric fistula with partial gastrectomy, performed by McNatt. After the surgery, on Feb. 4, Crider returned to Ruby Memorial Hospital with complaints of left upper quadrant pain, fever, and brown discharge from the drain site.

Since that time, Crider claims she has continued to suffer from a left abdominal abscess at the site of the percutaneous drain.

Crider claims she has experience emotional stress, embarrassment, humiliation and anxiety, as well as medical expenses. She seeks compensation for her injuries.

The case has been assigned to Judge Russell M. Clawges Jr.

Monongalia Circuit Court case number 07-C-510

Aug. 20
Ruth Ann Shade and Edward Shade v. West Virginia University Hospitals Inc. dba Ruby Memorial Hospital.
* In August 2005, Ruth Ann Shade experienced what she believed were symptoms of a stroke that required her to seek medical attention at Ruby Memorial Hospital. She claims that after learning of her situation, the hospital failed to provide her any type of medical treatment. Shade states that she remained in the emergency room’s waiting area without any type of medical intervention, causing her bodily injury, suffering, and debilitating illness. As a result of her illness, Edward Shade has suffered the loss of consortium of his wife. They are seeking judgment against the hospital, in addition to pre- and post-judgment interest, court costs and attorney fees.
Case number: 07-C-550

Ruby Memorial Hospital

MORGANTOWN – A Monongalia County couple has filed a medical malpractice suit against a Morgantown hospital, claiming the wife did not receive proper treatment during her stroke.

Ruth Ann and Edward Shade filed a suit Aug. 20 in Monongalia Circuit Court, against Ruby Memorial Hospital.

According to the suit, Ruth Ann Shade was a patient at Ruby Memorial on Aug. 20, 2005. The suit says Shade went to the hospital, complaining of symptoms consistent with a stroke.

Shade claims that upon her arrival at the hospital, she was not given the proper treatment for someone arriving with her symptoms. According to the suit, Shade was not given TPA treatment within the prescribed time for her therapy, and she was left “to sit in the emergency room waiting area without medical intervention while she suffered obvious symptoms of a stroke.”

The suit says that failure to give Shade the proper care she deserved was a cause of serious bodily injury, suffering, debilitating illness and other damages.

She also claims she has past, present and future medical bills, economic loss, pain and suffering and mental anguish and loss of recovery.

Edward Shade claims he suffered the loss of consortium of his wife.

As a result, Ruth Ann and Edward Shade seek full compensation for their injuries, plus court costs and interest.

Attorney C. Paul Estep is representing the Shades.

Monongalia Circuit Court case number 07-C-550

Aug. 22
Deputy Robert G. Fields vs Joseph Bartolo, Sheriff of Monongalia County, The Monongalia County Commission and the Monongalia County Deputy Sheriff’s Civil Service Commission
PA-John R. Angotti; J-N/A
* Fields’ employment as a Deputy with the Monongalia County Sheriff’s Department was constructively terminated in February 2006 after being arrested on a felony. On three different occasions, Fields requested an administrative hearing with the Monongalia County Deputy Sheriff’s Civil Service Commission regarding his termination. At the time, Fields also sought unemployment compensation due to his termination. Pursuant to a Workforce West Virginia Board of Review decision, it was determined that Fields was discharged due to a forced resignation. Fields claims that, as such, he is entitled to a hearing before the Civil Service Commission. He is asking the Court to issue a Writ of Mandamus so that a hearing may be scheduled.
Case number: 07-C-559

John T. Macdougall Jr. vs. Chico Enterprises Inc. and Cincinnati Insurance Companies
PA-Hiram C. Lewis IV; J-N/A
* While a customer at the Westover Dairy Mart, John T. Macdougall Jr. claims a slippery substance on the floor in the aisle where he was shopping, caused him to slip and fall. As a result of that fall, he suffered trauma to his head, back, and neck. Macdougall alleges that the employees of the store did not make him aware of any type of slippery substance that may have been on the floor, nor did they maintain the premises in a safe condition. He claims that Cincinnati Insurance Company failed to investigate his claim and did not offer any type of settlement with Macdougall and denied his claim. He is seeking judgment for his injuries, pre and post judgment interest and attorney fees.
Case number: 07-C-557

Aug. 23
C. Gutta Construction Inc. vs. C. Patrick Carrick
PA-Ashley Hardesty; J-N/A
* As owners of a building at 6000 Hampton Center, C. Gutta Construction Inc. entered into a rental agreement with C. Patrick Carrick for the rental of two suites to be used as Carrick’s law offices. The terms of the agreement were a lease for no less than five years, effective November 1, 2002, and ending on October 31, 2007. The monthly fee was $3,482.67. Due to Carrick’s failure to pay rent for May 2007, the lease was terminated by Gutta in June 2007. Since that time, late fees of $5,050 have accrued in addition to the unpaid rent. Gutta is seeking judgment in the amount of $17,240.85 plus costs and attorney fees and any additional damages suffered as a result of the early termination of the lease agreement. He is also seeking pre- and post-judgment interest and any additional late fees that may accrue.
Case number: 07-C-561

Joyce Copeland v. HealthSouth Corporation, WV Rehabilitation Hospital, Inc., Jason Gizzi, Edward Mowen, Mark Tarr and Kimberly Pretnar
PA-Samuel Spencer Stone; J-N/A
* Joyce Copeland was employed by HealthSouth Corporation for 16 years. After holding various positions within the company she was promoted to Business Office Manager. On July 2, 2007 she was terminated. Copeland was given no written termination notice, nor was she provided a reason for the termination. As required by law, Copeland was not paid monies that were owed her within the required 72 hour period. Copeland alleges HealthSouth violated the provisions of the Wage Payment and Collection Act by applying its policies differently to her than to its other employees. She is seeking $4032.78 in liquidated damages, an accounting of overtime and paid time off hours (PTO), bonus pay and various benefits. In addition she requests expungement of the termination from her employment record; lost wages, punitive damages, pre and post judgment, court costs, and attorney fees.
Case number: 07-C-560

Houston

MORGANTOWN – McDonald’s denies any intentional wrongdoing in the now famous $10 million dollar cheese lawsuit and seeks to have the case dismissed.

On Aug. 31, the McDonald’s Corporation answered a lawsuit filed by a man who seeks $10 million from the company after he has a severe allergic reaction when he bit into a sandwich that had cheese on it.

In the answer, filed Aug. 31, McDonald’s seeks to have the case filed by Jeromy Jackson dismissed, claiming the company is not guilty of any “intentional, willful, reckless, malicious, or outrageous act.”

According to the original suit, filed July 18 in Monongalia Circuit Court, Jackson claims he asked for no cheese on his Quarter Pounders when he went through the drive-thru with his mother, Trela Jackson, and his friend, Andrew Ellifritz. They are also named as plaintiffs in the suit.

Jeromy Jackson claims he asked several times about his food to make sure there was no cheese on his sandwiches because he is allergic. However, according to the suit filed by attorney Timothy Houston, Jackson bit into his burger, which did have cheese on it, and he immediately began to have a severe allergic reaction.

Jackson claims he “was only moments from death,” when the hospital staff intervened. He filed the suit seeking $10 million for punitive damages.

In the answer from McDonald’s, the company denied the allegations that the acts of workers at the restaurant were negligent, making the company liable for Jackson’s treatments. They asked the court to dismiss the case.

Houston and McDonald’s both have released statements saying they would not be discuss the suit with the media until the case has been discussed more between the two parties.

“Nothing is more important to us than the safety and well-bring of our customers,” Andy Grandinetti, the operations manager of the Pittsburgh Region for the McDonald’s Corporation said. “As this is pending litigation, it would be inappropriate to discuss further.”

The case has been assigned to Monongalia Circuit Court Judge Robert B. Stone.

Aug. 29
Laurel Aggregates Inc. vs. Ascon Materials Corporation
PA-Shannon P. Smith; J-Robert B. Stone
* Ascon Materials defaulted on materials and supplies that were sold by Laurel Aggregates. As of July 24, 2007. Ascon owed $15,412.31 for materials plus finance charges of $2,724.87 totaling $18,137.18. Laurel Aggregates is seeking judgment in that amount plus prejudgment finance charges, interest and costs.
Case number: 07-C-575

Wesbanco Bank Inc. v. J&P Enterprises and John and Paula Polosky
PA-Michael L. Solomon; J-Robert B. Stone
* Wesbanco loaned $105,000 to J&P Enterprises. John and Paula Polosky personally guaranteed the repayment of the loan. In August 2007, J&P Enterprises defaulted on the loan. The amount owing as of that date was $64,000.38. Wesbanco also loaned $10,000 to J&P Enterprises in December 2004. Once again the Polosky’s personally guaranteed the loan. Wesbanco seeks judgment, jointly and severally, against the defendants in the amount of $64,000.38 plus interest, and judgment of $10,377.06 plus interest, jointly and severally, court costs and attorney fees.
Case number: 07-C-573

Allstate Insurance Company, as subrogee of Jonathan and Jennifer Logan v. Julie Helbus
PA-John R. Keating; J-Russell M. Clawges Jr.
* Allstate issued a policy for auto insurance to Jonathan and Jennifer Logan. In October 2006 while driving in the Mountaineer Mall Parking Lot, Jennifer Helbus failed to maintain control of her vehicle and collided with the vehicle driven by Jennifer Logan. As a result of the accident, Allstate paid Jennifer Logan $5,879.50 for damages she incurred to her vehicle. Since that time, Allstate has been unable to contact Jennifer Helbus for payment of the remaining balance of $5,879.50. Allstate is seeking judgment against Helbus for the balance owed, plus interest of 10 percent from November 2006.
Case number: 07-C-576

Aug. 31
Monongalia Lodge No 10, Independent Order of Odd Fellows v. Flipside Entertainment, LLC, Doreen E. Wilson, dba Flipside Entertainment and Richie Cormier
PA-Stephen G. Higgins; J-Robert B. Stone
* Monongalia Lodge No. 10 Independent Order of Odd Fellows and Flipside Entertainment entered into a lease agreement whereby Flipside Entertainment leased a store and storeroom located on Walnut Street in Morgantown. Flipside Entertainment agreed to pay $1200 per month from September 2006 to June 2011. Richie Cormier personally guaranteed that Flipside Entertainment LLC would comply with the terms of the lease. The lease agreement also contained a liquidated damages clause stating Flipside Entertainment LLC, Doreen C. Wilson and Richie Cormier would be responsible for payment of $43,200 in the event the defendants quit the premises. Monongalia Lodge No 10 Independent Order of Odd Fellows seeks judgment of $43,200 plus pre and post judgment interest, attorney fees and court costs.
Case number: 07-C-585

Aug. 31
Joyce Louise Sharps and Donald Sharps v. West Virginia University Hospitals, Inc.
PA-Michael L. Solomon; J-Robert B. Stone
* On Dec. 25, 2005, Joyce Sharps was walking outdoors on the property of West Virginia University Hospitals Inc. Sharps slipped on ice and snow that had accumulated on a stone walkway and, as a result of the fall, fractured her left ankle. She claims West Virginia University Hospitals failed to maintain its property in a safe manner. Sharp seeks judgment against the defendant for injuries and compensation for her damages. Donald Sharps claims that as a result of her accident, he has suffered the care, companionship and consortium of his wife. He also seeks judgment against West Virginia University Hospitals.
Case number 07-C-581

Koval Building and Plumbing Supply v. Terry Kisner
PA-Michael L. Solomon; J-Robert B. Stone
* Koval is seeking default against Kisner for goods and supplies sold to him. As of August 2007, Koval was owed $13,514.69 for such services in addition to accrued interest of $2,697.84. Koval is asking for a total judgment of $16,211.83 in addition to court costs.
Case number 07-C-583

Commercial Land Development, Inc., vs. Ronald D. Hamrick dba Factory Fireplaces and Flooring
PA-Michael L. Solomon; J-Russell M. Clawges, Jr.
* In July 2006, Commercial Land Development and Ronald Hamrick entered into a lease agreement whereby Hamrick would pay a monthly fee of $1,300 for rental space. Hamrick has defaulted on the payments set forth in the agreement and as of September 2007 owes Commercial Land Development $6,500. They are asking for judgment in that amount plus $1,300 per month from September 2007 until judgment is entered and court costs and attorney fees.
Case number 07-C-584

Sept. 4
Kimberly S. Hovatter and Richard L. Hovatter v. Richard R. Lotshaw, MD
PA-Wesley W. Metheny and Steven L. Shaffer; J-Russell M. Clawges Jr.
* In September 2006, Kimberly Hovatter was scheduled for a laparoscopic supracervical hysterectomy and bilateral salpingo-ophorectomy. Prior to the surgery, she signed an informed consent form for the procedure. Hovatter claims that Richard Lotshaw failed to ensure that all necessary equipment was available for the procedure. Hovatter claims Lotshaw failed to terminate the scheduled procedure, for which consent had already been given, and instead performed a complete laparoscopic assisted vaginal hysterectomy and bilateral salpingo-ophorectomy, a totally different procedure. No consent for this procedure was given by either Hovatter or her husband Richard. The Hovatters are seeking judgment against Lotshaw for all injuries and damages sustained in addition to pre- and post-judgment interest, court costs, attorney fees and punitive damages. Richard Hovatter claims he has suffered the loss of comfort, companionship and consortium of his wife as a result of the surgery and is seeking judgment for damages and injuries, pre- and post-judgment interest, court costs, attorney fees and punitive damages.
Case number 07-C-592

Aug. 31
Westfield Insurance Company v. Solo Crane Inc.
PA Ryan S. Marstiller; J-Robert B. Stone
* Westfield Insurance Company issued a commercial insurance policy to Solo Crane covering the period from March 2006 through October 6. Westfield claims that Solo has failed to pay for the insurance premiums and is seeking judgment in the amount of $12,568.00 plus pre and post judgment interest, attorney fees and costs.
Case number 07-C-587

MORGANTOWN – A Randolph County woman has filed a suit against General Motors, on behalf of the estate of a woman killed when her safety belt failed in a car accident.

Carolyn Parrack filed the suit Sept. 12 in Monongalia Circuit Court, on behalf of the estate of Miranda Nicole Parrack. The suit is against General Motors Corporation and Tygart Valley Motor Company, Inc.

According to the suit, Robert J. Howell bought a 1998 Chevy Blazer from Tygart Valley Motor Co., Inc. He was driving the vehicle Sept. 15, 2005, traveling south on Interstate 79 near Morgantown.

“Miranda Parrack was a passenger occupying the right font seat, with her seat belt and shoulder harness properly engaged,” the suit says.

Howell lost control of the vehicle about a mile south of Exit 146 and went off the eastern side of the left-hand southbound lane, the suit claims. The vehicle began rolling over.

“Even though (Parrack) was wearing her safety belt at the time of the rollover, her occupant restraint system failed and she was ejected from the vehicle and killed,” the suit says.

According to the suit, the crash was a result of negligence in designing, manufacturing, testing, marketing and distributing the Blazer.

In the three-count suit, Carolyn Parrack seeks punitive and compensatory damages for the estate of Miranda Parrack. She also seeks the right to amend her complaint as discovery continues.

Attorney Dino S. Colombo is representing Carolyn Parrack. The case has been assigned to Judge Robert Stone.

Monongalia Circuit Court case number 07-C-605

MORGANTOWN – A former psychiatrist at Ruby Memorial Hospital has filed a suit against the hospital, claiming chemicals used on the floor above his office caused him to develop respiratory problems.

David M. Morgan filed a suit Sept. 10 in Monongalia Circuit Court, against the West Virginia University Board of Governors, West Virginia University Hospitals, Inc., Ruby Memorial Hospital, University Health Associates and James K. Hackett.

According to the suit, Morgan began his residency in psychiatry 1976 in Morgantown. From 1988 to May 15, 2006, he worked as a staff psychiatrist at West Virginia University Health Services, located in the Health Services Center.

“On May 15, 2006, (Morgan) retired from his position as a Staff Psychiatrist due to chronic health conditions he developed through exposure to harmful chemicals at his office located at the Health Sciences Center,” the suit says.

According to the suit, Morgan’s office was located below the Mary Rabb Randolph Cancer Center, which operated a mammography machine, which uses chemicals that can cause chronic respiratory problems.

Morgan claims that because of his respiratory problems, he needs continuing and future medical treatment. He also claims that the hospital forced him to resign from his position.

The suit says that the hospital has failed to pay Morgan the benefits he accrued throughout his years of service, which constitutes a breach of contract.

In the seven-count suit, Morgan seeks compensatory and punitive damages, plus a trial by jury.

Attorney Michelle Widmer-Eby is representing Morgan. The case has been assigned to Judge Robert Stone.

Monongalia Circuit Court case number 07-C-600