March 4
Hazel L. Fox v. Terry L. Tennant
P.A. – Barry White; J – Beane
* The plaintiff is suing the defendant for injuries she sustained in a car wreck on U.S. 50 in Parkersburg on April 20, 2008. The plaintiff is seeking unspecified damages, costs and fees.
Case number: 09-C-103

Brenda L. Barnett v. Ricky L. Bibbee
P.A. – Barry White; J – Reed
* The plaintiff is suing the defendant for injuries she sustained in a car wreck at the intersection of River Rd. and W. Va. 14 in Vienna on Aug. 29, 2007. The plaintiff is seeking unspecified damages, costs and fees.
Case number: 09-C-104

March 5
Paul W. Byrd v. Thomas B. Koerner
P.A. – Richard D. Dunbar; J – not yet assigned
* The plaintiff, a resident of Cairo, is suing the defendant, a resident of Parkersburg, for injuries he sustained in a car wreck in Parkersburg on March 8, 2007. The plaintiff is seeking unspecified damages, cost and interest.
Case number: 09-C-107

March 6
Krystal (Cobb) Fields v. Thomas B. Koerner and Paul William Byrd
P.A. – Ellen L. Smith; J -not yet assigned
* The plaintiff is suing the defendants for injuries she sustained in a car wreck at the intersection of Volcano Rd. and U.S. 50 on March 8, 2007. The plaintiff was a passenger in a vehicle operated by Byrd, who is also suing Koerner in a separate lawsuit for injuries sustained in the same accident. The plaintiff is seeking unspecified damages and costs.
Case number: 09-C-109

F.J.M Contracting LLC and Francis McFarland v. Mark Dasher and Kim E. Van Run
P.A. – Patrick E. McFarland; J -not yet assigned
* The plaintiffs are suing the defendants for enforcement of a mechanics lien filed against the defendants for failure to pay on renovations conducted on their property at 608 13th St. in Parkersburg between Feb. 16 and Aug. 24, 2008. The plaintiffs are seeking judgment in the amount of the lien, $50,147.11, plus costs and fees.
Case number: 09-C-111

March 9
Roger Flinn v. Daniel Neptune and the West Virginia Department of Military Affairs
P.A. – Keith White; J- not yet assigned
* The plaintiff is suing the defendants for failing to return property confiscated from him following his arrest in Wirt County on April 2, 2005 on charges of first degree murder. On March 9, 2007, Flinn was found not guilty on the charges. In addition to return of the property, the plaintiff is seeking costs and fees.
Case number: 09-C-112

PSS World Medical Inc v. Schwabe and Associates and Mario Rafael Schwabe, M.D.
P.A. – Joseph A. Tarantelli; J- not yet assigned
* The plaintiff, a Florida corporation, is suing the defendants, a Parkersburg doctor and medical practice, for failure to pay for $21,000 in medical supplies ordered between August and September 2008. In addition to judgment in the amount of unpaid goods and services, the plaintiff is seeking costs and fees.
Case number: 09-C-115

Van Dyne Crotty Corp. dba Spirit Services Company v. Northwest Pipe Company
P.A. – Robert A. Flaugher; J – not yet assigned
* The plaintiff, a Columbus, Ohio-based business, is suing the defendant, a Portland, Ore.-based business, for the defendant’s Washington plant’s breech of contract regarding service of garments, mats and towels. The plaintiff is seeking judgment in the amount of $167,592.83, pre- and post-judgment interest from Jan. 10, 2009, costs and fees.
Case number: 09-C-117

Emily Shelene v. Rauch Auto Group LLC dba Garfield Pre-owned Auto
P.A. – Bren J. Pomponio; J – not yet assigned
* The plaintiff is suing the defendant for breech of warranty in the purchase of a 1996 Oldsmobile Achieva on Nov. 14, 2008. In addition to a declaration the contract is void and unenforceable, the plaintiff is seeking damages of $3,367.75, costs, fees and recovery of statutory penalties.
Case number: 09-C-118

March 10
Melissa S. Cooper-Pulit, executrix of the estate of Dollie J. Cooper, deceased v. E.I. DuPont DeNemours and Co. and DuPont Connection
P.A. – George J. Cosenza; J – not yet assigned
* The plaintiff, a resident of Vienna, is asking for a court-ordered accounting of all activity on Cooper’s pension for the 10 years prior to her retirement on Feb. 1, 2006. In addition to the order, the plaintiff is seeking unspecified damages, costs and fees.
Case number: 09-C-119

Wilma Bunner v. Linda L. Ruble
P.A. – C. Edward McDonough; J – not yet assigned
* The plaintiff is suing the defendant for injuries she sustained in a car wreck at the intersection of Interstate 77 and U.S. 50 in Parkersburg. The plaintiff is seeking unspecified damages, costs and interest.
Case number: 09-C-120

Vada Pauley v. Linda L. Ruble
P.A. – C. Edward McDonough: J – not yet assigned
* The plaintiff is suing the defendant for injuries she sustained in a car wreck at the intersection of Interstate 77 and U.S. 50 in Parkersburg. Pauley was a passenger in the vehicle operated by Wilma Bunner. The plaintiff is seeking unspecified damages, costs and interest.
Case number: 09-C-121

This branch office of the state Department of Rehabilitative Services in Parkersburg is where Julie Stoner alleges her former counselor, Donald Howerton, engaged in lewd and suggestive conduct while helping her find a new career. (Photo by Lawrence Smith)

PARKERSBURG – A Wood County woman is seeking a seven-figure judgment from the state of West Virginia for emotional distress her former rehabilitation counselor is alleged to have inflicted on her.

The state Department of Education and the Arts, and Division of Rehabilitation Services are named as co-defendants in lawsuit filed in Wood Circuit Court by Julie Stoner. In her complaint filed on March 3 with the assistance of James I. Stealey, with the Parkersburg law firm of Goldenberg, Goldenberg and Stealey, Stoner, 38, alleges former DRS counselor Donald G. Howerton, made sexual advances and innuendos on her during a five-month period when she was undergoing rehabilitation and counseling.

Howerton is also named as a co-defendant in Stoner’s lawsuit

According to court records, Stoner, a Parkersburg resident, began experiencing back problems in 2007 that threatened her ability to work in her chosen occupation. That occupation is not stated in court records.

However, she has referred to DRS for vocational rehabilitation and job counseling “for the purpose of setting goals, making plans, and determining what jobs [she] might be able to perform or to be treated and/or rehabilitated to perform in view of her medical condition and physical limitations.” Records show in August 2007, Stoner began counseling with Howerton at DRS’ office in Parkersburg.

Though her suit does not specify when, Stoner alleges that well into their counseling sessions, “Howerton became more and more personal in his questioning.” Those questions included ones about “her family, her marriage, and other personal things that were troubling her at the time, which were totally unrelated to the issues of vocational rehabilitation and job counseling.”

Specifically, Stoner alleges Howerton asked her about her sex life, and how long it’d been since she had an orgasm. Howerton is said to have told Stoner that “if in her sex life she didn’t have a lot of orgasms, it could cause stress to build up inside her and that it would not be healthy for her.”

According to Stoner, Howerton’s “lewd and suggestive conduct and behavior continued,” and he insisted that she meet with him more than once a week. The lewd and suggestive conduct occurred when Howerton asked Stoner to practice relaxation techniques.

In one instance, Stoner alleges when Howerton asked her to close her eyes, breathe deeply and imagine she was in a “‘safe place,’” she opened her eyes to find him “sitting at this desk with his legs splayed apart, rubbing his genitals and touching himself.” On another occasion, Stoner says Howerton stood behind her, pulled her shirt up with one hand touching her back asking where the pain was “while at the same time, his legs would be located on either side of her body and he would on occasion be touching himself.”

In addition to her back, Stoner alleges Howerton would repeatedly touch her “neck, shoulders and buttocks.”

Eventually, due to the “stress and anguish” caused by Howerton’s conduct, Stoner in January 2008 reported him to DRS officials. However, Stoner alleges DRS “seemed more interested in pressuring [her] to continue receiving services from the agency lest she be disqualified from receiving certain benefits, and less interested in properly investigating [her] allegations.”

In her suit, Stoner makes claims against the defendants for assault, battery and infliction of emotional distress. She alleges that as a result of Howerton’s conduct she has suffered not only “extreme emotional distress, mental anguish, humiliation, embarrassment loss of personal dignity and physical and mental pain and suffering,” but also Post-Traumatic Stress Disorder.

The trauma she suffered at Howerton’s hands, Stoner alleges, resulted in “memories from abuse and neglect from her childhood” resurfacing. As a consequence, she says she is “extremely fearful of men and finds any interaction with men, either, personal or public, extremely distressing, fearful and frightening.”

Along with interest and court costs, Stoner is asking for damages in the amount of $1 million, the limit of the state’s liability insurance policy.

The case has been assigned to Judge J.D. Beane.

Wood Circuit Court case number: 09-C-101

March 11
Dairyland Insurance Company v. Christina M. Stump
P.A. – Brian D. Morrison; J – Not yet assigned
* The plaintiff is suing the defendant for subrogation of a claim it paid to its policyholder, Van Quoc Hoynh, following an automobile accident with the defendant on Grand Central Ave. in Vienna on March 13, 2007. The plaintiff is seeking judgment in the amount of the claim, $17,901.37, plus interest and costs.
Case number 09-C-122

March 12
Shirley A. Crouser v. Maddison R. Rinehold
P.A. – Richard Dunbar; J – Not yet assigned
* The plaintiff, a Ravenswood resident, is suing the defendant, a Gerradstown resident, for injuries she sustained in an automobile accident with the defendant in Parkersburg on March 16, 2007. The plaintiff is seeking unspecified damages, interest and costs.
Case number 09-C-123

Huntington National Bank v. Larry L. George and Michael W. Johnson
P.A. – Donald J. Epperly; J – Not yet assigned
* The plaintiff is suing the defendants for the unpaid portion of a $831,839.50 loan it made to the defendants on Jan. 26, 2007. The plaintiff is seeking judgment in the amount of $654,183.56, pre- and post-judgment interest and costs.
Case number 09-C-124

March 18
R.D. O’Rear and Rosie M. O’Rear v. Sunbridge Care Enterprises Inc. dba Parkersburg Care and Rehabilitation
P.A. – Robert S. Fluharty Jr.; J – Not yet assigned
* The plaintiffs are seeking an injunction against the defendant from interfering with a medical power-of-attorney Rosie has for R.D. and an order enjoining the defendant from proceeding with appointing him a guardian.
Case number: 09-C-134

Pamela Duleck v. Ohio Valley Nursing Home Inc.
P.A. – Walt Auvil; J – Reed
* The plaintiff, a Ritchie County resident, is suing the defendant for wrongful termination after she was fired from her position as a prep cook/dishwasher on Nov. 15, 2008 following her return to work on Sept. 2, 2008 after sustaining a work-related injury on July 12. The plaintiff is seeking unspecified damages, costs and fees.
Case number: 09-C-138

March 19
Valeria M. Sprout and Karl O. Sprout v. Rhonda J. Curfman
P.A. – Richard Dunbar; J- Waters
*The plaintiffs, residents of Wood County, are suing the defendant, a resident of Elizabeth, for injuries they sustained in a car wreck with the defendant on March 23, 2007. The plaintiffs are seeking unspecified damages, cost and interest.
Case number: 09-C-139

Violet Mae Thompson v. Building and Industrial Wholesale Co., Building Wholesale and Reves Stephenson
P.A. – R. Craig Tatterson; J – Beane
*The plaintiff, a Leon resident, is suing the defendants for injuries she sustained after falling on an irregular piece of concrete on the defendant’s premises on March 21, 2007. The plaintiff is seeking unspecified damages, cost and fees.
Case number: 09-C-140

March 20
State Equipment, Inc. V. Robert S. Smith dba Steve Smith Construction
P.A. – John Dorsey; J – Waters
* The plaintiff, a Cross Lanes business, is suing the defendant for failing to pay for repairs conducted in July and August 2008 on heavy equipment owned by the defendant. They are seeking judgment against the defendant for the amount of repairs, $6,656.48, plus pre- and post-judgment interest from Oct. 2, 2008.
Case number: 09-C-141

Frances Ann Manfredi v. Michael S. Lewis and Family Carpet Outlet, Inc.
P.A. – Gary Smith; J – Reed
* The plaintiff, a resident of Mineral Wells, is suing the defendants for injuries she sustained in a car wreck on Grand Central Ave. with Lewis while working for Family Carpet. She is seeking unspecified damages, costs and fees.
Case number: 09-C-143

March 25
FIA Card Services, N.A. v. Eugene L. Stutler
P.A. – Andrew S. Lerner; J – Waters
* The plaintiff, a Massachusetts business, is suing the defendant, a Davisville resident, for defaulting in repayment of a loan. They are seeking judgment in the amount of the loan, $23,095.67, plus pre- and post-judgment interest.
Case number: 09-C-144

Metal Sales Manufacturing Corp. v. National Carports Inc., Riverview Financial Services, Juanita Williams and Clarence Anderson
P.A. – Richard A. Hayhurst; J – Reed
* The plaintiff, a Louisville, Ken. business, is suing the defendants for failing to pay for materials and services rendered. They are seeking judgment in the amount of $46,466.15 plus costs, fees and pre-judgment interest from Oct. 7, 2008.
Case number: 09-C-145

Danny L. and Dawn A. Cunningham v. Union Trades Federal Credit Union and Philip J. Trippel,
P.A. – James A. Bradley; J – Beane
* The plaintiffs are seeking a temporary restraining order against the defendants from conducting a trustee’s sale of their property on 1301 Pike St. in Parkersburg after receiving assurances from Trippel, the substitute trustee, he would halt foreclosure after receiving checks from the Cunninghams on Feb. 24 and March 5 of $564 and $312, respectfully.
Case number: 09-C-146

Rebecca P. Winans and Bruce Winans v. Abner J. Phillips Jr.
P.A.- Arden J. Curry II; J – Waters
* The plaintiffs are suing the defendant for injuries they sustained when the defendant crashed into their parked car on Liberty Street on Jan. 5, 2008. They are seeking unspecified damages, costs and fees.
Case number: 09-C-147

Amanda R. Sams v. Emprise Development Co., LLC
P.A. – Scott Kaminski; J – Beane
* The plaintiff, an Ohio resident, is suing the defendant for injuries she sustained after falling on ice and snow on the defendant’s property in Vienna on Jan. 15, 2008. She is seeking unspecified damages, costs and fees.
Case number: 09-C-150

March 26
Motorist Mutual Insurance Company, as subrogee of Karyn A. Johnson, v. Curtis E. and Melissa S. Blair
P.A.- Richard J. McGervey; J – Waters
* The defendant is suing the defendants on behalf of its policyholder, Johnson, for a destruction of property claim she filed on April 5, 2007. They are seeking judgment in the amount of the claim, $32,790.01, punitive damages, costs and post-judgment interest.
Case number: 09-C-152

Nancy Thomas v. the Wood County Board of Education and Brett Ubbons
P.A. – Walt Auvil; J – not yet assigned
* The plaintiff is suing the defendants for discrimination. She is seeking unspecified damages, costs an fees.
Case number: 09-C-153

March 27
Anna McKinley v. Jodee L. Harding
P.A. – Kevin Harris; J – not yet assigned
* The plaintiff, a Ravenswood resident, is suing the defendant, a Fredericktown, Ohio resident, for injuries she sustained in a car wreck with the defendant at the corner of Murdoch Ave. and 31st St. in Parkersburg on March 28, 2007. She is seeking unspecified damages, costs and fees.
Case number: 09-C-154

March 30
Richard A. Hayhurst v. Robert Keith Sheppard
P.A. – pro se; J – Waters
* The plaintiff, a Parkersburg attorney, is suing the defendant, his former client, for unpaid legal expenses. He is seeking judgment in the amount of $5,755.95 plus costs and fees.
Case No. 09-C-156

March 31
Innovative Insurance, LLC and Lori Cutlip v. Frank Duane Carper
P.A. – Timothy Amos; J – Beane
* The plaintiffs are suing the defendant for breach of contract and improper use of company funds. In addition to unspecified damages, costs and fees, they are seeking injunctive relief for protection of commissions and removal of the defendant from the corporation.
Case No. 09-C-157

April 1
Wesbanco Bank, Inc. v. Quality Home Solutions, LLC, William J. Skiles and Ann E. Skiles
P.A. – Steven R. Hardman; J- Waters
* The plaintiff is suing the defendants for defaulting on a $148,000 promissory note. They are seeking judgment in the outstanding amount of the note, $146,019.30, plus pre- and post-judgment interest.
Case No. 09-C-161

Sheila R. Bonson and Howard R. Lauderman v. Galen A. Glotfelty
P.A.- Bruce White; J – Waters
* The plaintiffs are suing the defendants for injuries and damages they received when a boat operated by Glotfelty crashed into a jet ski operated by Bonson and owned by Lauderman on May 25, 2007 in the Little Kanawha River near Mineral Wells. They are seeking unspecified damages, costs and fees.
Case No. 09-C-165

Kimberlynn I Bush and Melisa R. McHenry v. Donald R. Smith
P.A. – Bruce White; J – Beane
* The plaintiffs are suing the defendant for injuries they sustained in a car wreck with the defendant on Sept. 11, 2008 at the intersection of 23rd St. and Highland Ave. They are seeking unspecified damages, costs and fees.
Case No. 09-C-166

April 2
Sara Norman, administratrix of the estate of Lainey McKenzee Alexis Norman, deceased v. Andrew Hughes, M.D. and Best Practices of West Virginia, Inc.
P.A. – William O. Merriman; J – Reed
* The plaintiff is suing the defendants for the wrongful death of her daughter. She is seeking unspecified damages, costs and fees.
Case No. 09-C-167

United Bank, Inc. v. Randy D. Reed and Melanie L. Reed
P.A. – Richard A. Hayhurst; J – Beane
* The plaintiff is suing the defendants for defaulting on a promissory note and line of credit. They are seeking judgment in the amount of the note, $45,500, accumulated interest of $6,484 plus pre-judgment interest from March 13 until the date of judgment.
Case No. 09-C-168

PARKERSBURG – An emergency room physician has been named as a defendant in the wrongful death of a Wood County child.

Sara Norman, as the administratrix of the estate of her daughter, Lainey McKenzee Alexis Norman, filed a lawsuit against Dr. Andrew Hughes in Wood Circuit Court on April 2. In her complaint, filed with the assistance of Parkersburg attorney William O. Merriman, Norman alleges that Hughes’ failure to consult with other physicians after Lainey’s initial visit to the ER led to the problem worsening, and her subsequent death.

According to court records, Norman, of Parkersburg, took Lainey to Camden-Clark Memorial Hospital on Jan. 3, 2007 because Lainey “had been repeatedly throwing up a green substance and was having trouble with bowel movements.” Though Lainey’s age is not stated, records indicate she was in infant because she was “not breast feeding a normal amount.”

Following a chest x-ray and stomach ultrasound, Norman alleges Hughes “discharged the decedent without seeking any consultations or providing further care.”

However, due to continued vomiting and other problems, Norman had to take Lainey for a return visit to C-CMH. On the second visit, Lainey was examined by Drs. Richardson and Whitaker who suspected sepsis, an inflammation of the whole body to a known or suspected infection, and bowel obstruction.

Nevertheless, Norman’s suit states that Lainey was extremely ill, and had to be stabilized. Following her stabilization, she was transported via ambulance from C-CMH to Ruby Memorial Hospital in Morgantown.

While at RMH, Lainey “underwent several surgeries and procedures, “including an exploratory laparotomy that revealed a small bowel volvulus and total intestinal gangrene.” Records show a subsequent surgery revealed a “non-survival bowel” requiring a total resection.

However, Lainey’s conditioned worsened to the point where she experienced multi-organ failure requiring her to be placed on life support. She died on Jan. 7, 2007, after Norman made the decision to remove Lainey from life support.

In her suit, Norman alleges Hughes is negligent in Lainey’s death for failing to recognize and diagnose “a bowel obstruction, despite a history of repeat episodes of vomiting a green substance, being lethargic and not eating well.” The latter in an infant, Norman says, “is highly suggestive of a bowel obstruction and should have prompted a thorough search for its cause.”

In addition to Hughes, who is a doctor of osteopathic medicine from New Carlisle, Ohio, Norman named Best Practices, Inc., a medical staffing company that serves as Hughes’ employer, as a co-defendant.

She is seeking unspecified damages, costs and fees.

The case has been assigned to Judge Jeffrey B. Reed.

Wood Circuit Court, Case No. 09-C-167

April 6
Katherine A. Decker v. Justin E. Smith
P.A. – Bruce White; J – Waters
* The plaintiff, a resident of Pleasants County, is suing the defendant for underinsured motorist coverage via his insurance carrier, State Farm, following a car wreck on Jan. 19, 2008 on W. Va. 2 near Waverly. She is seeking unspecified damages, costs and interest.
Case No. 09-C-173

Camalloy, Inc. v. The Singer Sheet Metal Company
P.A. – Ryan S. Marsteller; J – Waters
* The plaintiff is suing the defendant for unpaid goods and services delivered to the defendant between Dec. 1-31. They are seeking judgment in the amount of the goods and services, $128,701.93 plus costs and fees.
Case No. 09-C-176

April 7
Harry E. Richards, Mary Lou Adams, Georgia A. Beatty, Renee Wright, Robert Adams, Scott Adams v. Rose L. Church, Joe Canepari, Jason Canepari, Brent Church and Randy Church
P.A. – William Crichton VI; J – Beane
* The plaintiffs are suing the defendants to the stop the probate of the last will and testament of Virgie E. Canepari, who died on March 13, and who’s will was admitted to the Wood County Commission on April 2. In addition to an order halting the probate of the admitted will, the plaintiffs are asking that a will dated March 20 be admitted.
Case No. 09-C-177

Iza Bartlett v. Leslie J. Brush and Monica Brush
P.A. – J.C. Powell; J- Reed
* The plaintiff is suing the defendants for injuries she sustained after slipping on the swimming pool on the defendant’s property at 156 Brook Circle in Washington on June 6. She is seeking unspecified damages, costs and fees.
Case No. 09-C-178

Central Industrial Management, Inc. v. Michael W. Johnson and Western Sizzlin, LLC
P.A. – William Crichton; J – Waters
* The plaintiff, a Millwood-based business, is suing the defendants for excavation work performed in 2007 and 2008, but not paid. Along with judgment in the amount of the unpaid services, $14,836.73, the plaintiff is seeking costs and interest.
Case No. 09-C-179

Enterprise Rent-A-Car v. Cassandra Moyer
P.A. – O. Gay Elmore Jr.; J – Waters
* The plaintiff, a Kentucky-based business with offices on Murdoch Avenue, is suing the defendant, a Parkersburg resident, for damages inflicted on 2008 Dodge Grand Caravan on Nov. 5 while in her care. They are seeking judgment in the amount of the damages, $2,476.38, plus $990.55 in attorney fees, $170 in court costs and interest.
Case No. 09-C-182

April 9
Kathy L. Hart v. Richard A. Wiseman
P.A. – Robert S. Fluharty Jr.; J – Beane
* The plaintiff is suing the defendant for failing to convey to her a deed for a lot on 509 Maple St. in Parkersburg after paying him $10,000. In addition to an order reducing the purchase price to off-set her costs and expenses, the plaintiff is asking for appointment of a special commissioner to enforce delivery of the deed.
Case No. 09-C-183

This parcel of land behind the roadsigns at the intersection of U.S. 50 and W.Va. 68 is at the center of lawsuit between J.C. and Eric Powell and Robert Keith Sheppard. The Powells, who are both attorneys, allege that Sheppard convinced them to invest $75,000 into a proposed retail development called Neal Run Crossing that has never materialzed. Sheppard’s attorney, Richard Hayhurst, has withdrawn from the case, and has sued him for failing to pay $5,700 in legal fees and expenses. (Photo by Lawrence Smith)

This parcel of land behind off the intersection of U.S. 50 and W.Va. 68 is at the center of lawsuit between J.C. and Eric Powell and Robert Keith Sheppard. The Powells, who are both attorneys, allege that Sheppard convinced them to invest $75,000 into a proposed retail development called Neal Run Crossing that, with the exception of this Western Sizzlin Steakhouse, has yet to materialze. Sheppard’s attorney, Richard Hayhurst, has withdrawn from the case, and has sued him for failing to pay $5,700 in legal fees and expenses.

PARKERSBURG – A Wood County attorney who went so far to call allegations of fraud leveled against his client by two other attorneys in lawsuit as “tabloid trash” is now alleging that the client has defrauded him.

On April 2, Richard A. Hayhurst filed suit against Robert Keith Sheppard in Wood Circuit Court. In the complaint he filed pro se, Hayhurst alleges that Sheppard failed to pay for legal services and expenses he’s incurred in defending Sheppard against allegations of fraud brought by J.C. Powell and his brother, Eric.

J.C. Powell is partner in the Charleston law firm of Powell and Majestro while Eric is sole proprietor of the Powell Law Offices in Parkersburg.

According to court records, Sheppard approached Hayhurst on January 10 to defend him in a lawsuit the Powells filed against him three days earlier. In their suit, the Powells alleged that in 2007 Sheppard encouraged them to invest $75,000 into Neal Run Crossing, a retail development off the intersection of Corridor D/U.S. 50 and W. Va. 68 that has yet to materialize.

The money, records show, was to be invested with The Endurance Group, a limited liability company owned by Larry George and Dr. Michael W. Johnson, a South Parkersburg chiropractor. Despite claims that companies such as McDonald’s, Bass Pro Shops, Wal-Mart, Bob Evans, Rite Aid and Sheetz were either interested or committed to locating a store or franchise there, the only business currently on the site is a Western Sizzlin Steakhouse owned by Johnson.

In fact, in their suit the Powells maintain that Johnson admitted to them a year ago that all representations Sheppard made to them were false, and done with the pure intention of pocketing their money.

In his suit, Hayhurst says he agreed to take Sheppard’s case. Their initial agreement, records show, called for Sheppard to advance to Hayhurst “a first and superior lien on certain real estate” Sheppard owned.

When Sheppard failed to produce any evidence he owned any unencumbered property that could serve as collateral, Hayhurst said he “requested a retainer against fees and costs.” After being presented with this demand, Hayhurst said Sheppard told him “that he was in the process of refinancing several tracts of land and that such refinancing would result in sufficient funds being available.”

Legal trash talk

In the midst of waiting on payment, Hayhurst filed both an answer and counterclaim on Sheppard’s behalf to the Powell’s’ suit on February 11.

In his answer, Sheppard denied all of the allegations except he’s a resident of Parkersburg. He went so far to say that he has no knowledge of The Endurance Group, and that he “has never had in his possession or control the sum of Seventy-Five Thousand Dollars ($75,000), or any other sum of money, property or other things of value belonging to the plaintiffs.”

The accusation that he committed grand larceny by pocketing the Powell’s’ money is “unfounded and unwarranted” that “is outrageous and transcends all bounds of societal decency.” Also, Sheppard compared the allegations no better than those leveled against celebrities in gossip columns.

“The complaint in this case is merely tabloid trash with a legal caption appended, masquerading as a court pleading,” Sheppard said.

Furthermore, Sheppard noted that in spite of the allegations of fraud, grand larceny and embezzlement the Powells level against him in their suit, they have notified neither the Wood County Prosecuting Attorney’s or U.S. Attorney’s Office of criminal misconduct. Since they are “duty bound” to report any such misconduct as officers of the court, Sheppard says the Powell’s’ lawsuit was filed in bad faith with the intention of inflicting upon him emotional distress.

In his counterclaim, Sheppard alleges the suit is “a subterfuge to camouflage the unwise decisions of the plaintiffs, and each of them, made in making a putative investment in an entity supposedly known as ‘The Endurance Group, L.L.C’, whatever that entity may be.” Because the Powells filed their lawsuit in a “willful, wanton, malicious, intentional and in criminal disregard” for his rights, Sheppard asked that he be awarded $1 million in compensatory damages and $5 million in punitive damages.

A case of turnabout

After filing the answer and counterclaim, Hayhurst alleges that, “to his detriment,” he discovered that in addition to refinancing his property, all representations Sheppard made on paying him “were false and known to the defendant to have been false when made.”

When Hayhurst confronted him about no such refinancing of his property, Sheppard said his daughter, J.L. Sansom, in Redondo Beach, Calif. would be paying the retainer. However, that proved to be untrue.

After confronting him again about the retainer, Sheppard told Hayhurst he was closing a loan with BB&T on March 12. The name of the loan officer Sheppard provided Hayhurst, records show, was Copley.

After finding out BB&T had no such person by that name, Hayhurst asked Sheppard about the discrepancy in his story. The reason, Hayhurst was told, is that the loan was being handled through one of BB&T’s branches in Huntington.

Though Hayhurst did discover a Ruth Copley working for BB&T in Huntington, she told him that Sheppard neither had a loan closing scheduled for March 12 or, for that matter, any loan application pending. Once again, when Hayhurst confronted him, Sheppard changed his story saying, this time, the loan was intended for a friend in Stockport, Ohio, and “that the retainer obligation would be rendered immediately.”

On March 16, after Sheppard failed to pay him despite all his assurances, Hayhurst filed a motion to withdraw from the case, and a lien in the amount of the expenses he’d incurred to that point, $5,753.93. A week later, Judge J.D. Beane granted the request.

Ironically, in his lawsuit, Hayhurst not only levels allegations similar to the Powell’s, but also incorporates language he used in defending Sheppard against him.

Specifically, Hayhurst alleges “The misconduct of the defendant was willful, reckless, wanton and in a cavalier indifference to the rights of the plaintiff and undertaken with malice and with a heart fatally bent on mischief.” Also, he alleges Sheppard “induced the plaintiff to part with money, goods or property which may be the subject of larceny…thereby making the defendant herein guilty of the felony offense of obtaining money, property or services by false pretenses.”

In hopes of not only deterring Sheppard, but others from engaging in similar schemes to defraud attorneys, Hayhurst is asking that he be awarded compensatory damages five times the amount Sheppard owes him, and punitive damages “not so monstrous as to violate current jurisprudence.”

As of presstime, Sheppard had yet to retain a new attorney. Tentatively, a scheduling conference in the Powell’s’ lawsuit against him is set for Wednesday, April 29 at 2:30 p.m.

Hayhurst’s case has been assigned to Judge Robert A. Waters.

Wood Circuit Court, Case Nos. 09-C-5 (Powell) and 09-C-156 (Hayhurst)

April 13
James E. and Marilyn S. Pettit v. Ann M. Connor, M.D.
P.A. – George Cosenza; J – Beane
* The plaintiffs, residents of Graham, N.C., are suing the defendant, a Parkersburg resident, for defaulting on a trust deed drafted on July 18 and due Jan. 18. In addition to the amount due, $25,000, they are asking for costs, fees and pre- and post-judgment interest.
Case number: 09-C-192

April 14
Linda Holstine, as personal representative of the estate of Eva Thelma Davis v. Ohio Valley Nursing Home, Inc. dba Ohio Valley Health Care and Michael A. Miller
P.A. – Robert W. Absten; J – Reed
* The plaintiff is suing the defendants for neglecting Davis while in the defendant’s care. She is seeking unspecified damages, costs and fees.
Case number: 09-C-193

April 15
Scott M. and Vicki B. Lauer v. Vision Care Associates, Inc.
P.A. – Anthony C. Sunseri; J – Reed
* The plaintiffs are suing the defendants for failing to pay them compensation they earned between 1998 and 2004 pursuant to a contractual agreement. They are seeking unspecified damages, costs and fees.
Case number: 09-C-195

Trans-Allegheny Enterprises, LLC v. Howard Lauderman dba Pioneer Carpet
P.A. – Robert Campbell; J – Reed
* The plaintiff is suing the defendant for unpaid rent on space leased to the defendant at the Diamond Plaza Shopping Center in Vienna. In addition to judgment in the amount of the unpaid rent, $11,550, the plaintiff is asking the court to order the defendant to vacate the premises.
Case number: 09-C-197

Sylvia S. Steele v. Mustang Survival Manufacturing, Inc, Michael Cunningham, Gregory Stover and Cheryl Woods
P.A. – Walt Auvil; J- Beane
* The plaintiff is suing defendants for wrongful termination. She is seeking unspecified damages, costs and fees.
Case number: 09-C-200

Richard C. Williams Jr. and Suzanne M. Williams, individually and as parents, guardians and next friends of Alexander C. Williams, their minor child v. Larry E. Smith
P.A. – James I. Stealey; J – Reed
* The plaintiffs are suing the defendant for injuries Alexander, while riding as a passenger with Richard, sustained in a car wreck with the defendant near 1514 Gihon Rd. in South Parkersburg on Jan. 12, 2008. They are seeking unspecified damages, costs and interest.
Case number: 09-C-201

April 17
Wayne E. Gates v. J.P. Morgan Chase Bank, N.A. dba Chase Home Finance LLC
P.A. – Jennifer S. Wagner; J- not yet assigned
* The plaintiff, a resident of Vienna, is suing the defendant for breach of contract in the 2008 refinancing of his home on 1102 27th St. In addition to unspecified damages, costs and fees, he is asking for an order enjoining the defendant from foreclosing on his home and recovery of statutory penalities.
Case number: 09-C-203

PARKERSBURG – A Wood County woman is alleging a Parkersburg nursing home’s substandard care of her mother resulted in her ultimate death.

Linda Holstine, as the personal representative of the estate of Eva Thelma Davis, on April 15 filed suit in Wood Circuit Court against Ohio Valley Nursing Home, Inc. doing business as Ohio Valley Health Care. In her complaint, filed with the assistance of Robert W. Absten, with the Charleston law firm of Bell and Blands, alleges that OVHC staff, including the administrator failed to take care of Davis during her four-year stay.

According to court records, Davis was first admitted to OVHC, located on Nicolette Rd. in Parkersburg, on April 14, 2004. Though records are unclear if she was later discharged for a brief period, on April 10, 2006 again admitted OVHC this time “as an elderly man for the purposes of receiving quality care and treatment and assistance in her activities of daily living.”

Nevertheless, during her stay, Holstine alleges Davis “suffered serious injuries from a pattern of poor care, neglect and abuse rendered by Ohio Valley Health Care and its staff.” Those injuries included “infections, weight loss and pain” which “caused the significant destruction of her physical and mental condition during her residency at the facility.”

Specifically, Holstine alleges that among the infections Davis suffered were “numerous urinary tract infections.” Along with the infections, and the weight loss, Holstine says the staff “failed to timely report these changes to the physician, resulting in delays in treatment.”

This, Holstine alleges, “ultimately led or contributed to [Davis'] death on or about April 3, 2008″ According to her death certificate, Davis was 92.

In her suit, Holstine alleges that OVHC’s negligence have resulted in both she and Davis’ estate incurring “medical expenses for the care and treatment of the conditions that led to [Davis'] death and, additionally, the estate has incurred funeral expenses.” Furthermore, Holstine says as a result of her mother’s death, she has “sustained mental pain and suffering and loss of companionship.”

She is seeking unspecified damages, court costs and attorneys fees.

OVHC’s administrator, Michael A. Miller, is named as a co-defendant in Holstine’s suit

The case has been assigned to Judge Jeffery B. Reed.

Wood Circuit Court, Case No. 09-C-193

his parcel of land behind the roadsigns at the intersection of U.S. 50 and W.Va. 68 is at the center of lawsuit between J.C. and Eric Powell and Robert Keith Sheppard. The Powells, who are both attorneys, allege that Sheppard convinced them to invest $75,000 into a proposed retail development called Neal Run Crossing that has never materialzed. Sheppard’s attorney, Richard Hayhurst, has withdrawn from the case, and has sued him for failing to pay $5,700 in legal fees and expenses. (Photo by Lawrence Smith)

This parcel of land behind off the intersection of U.S. 50 and W.Va. 68 is at the center of lawsuit between J.C. and Eric Powell and Robert Keith Sheppard. The Powells, who are both attorneys, allege that Sheppard convinced them to invest $75,000 into a proposed retail development called Neal Run Crossing that, with the exception of this Western Sizzlin Steakhouse, has yet to materialze. Sheppard’s attorney, Richard Hayhurst, has withdrawn from the case, and has sued him for failing to pay $5,700 in legal fees and expenses.

PARKERSBURG – Records show prior to the one against Robert Keith Sheppard, J.C. and Eric Powell also filed suit against the two main players in a yet-to-be-developed South Parkersburg retail outlet alleging fraud.

Last year, the Powells named Larry George and Dr. Michael W. Johnson, a South Parkersburg chiropractor, as defendants in separate lawsuits relating to Neal Run Crossing, a proposed retail development off the intersection of Corridor D/U.S. 50 and W.Va. 68 in Wood County. Though each suit makes slightly different claims, both allege that George and Johnson defrauded the Powells by convincing them to invest into the project that, with the exception of a restaurant owned by Johnson, has yet to materialize.

The Powells, records show, first filed suit against George on June 18. The Powells named The Endurance Group, a limited liability company partially owned by George, as co-defendant.

Like in their suit against Sheppard, 70,the Powells allege that George,41, enticed them to invest into Neal Run by dropping the names of companies such as McDonald’s, Bass Pro Shops, Wal-Mart, Bob Evans, Rite Aid and Sheetz that expressed an interest in locating a store or franchise on the site. In fact, the Powells in George’s suit hint that Sheppard is the employee/agent hired “to fraudulently induce them to purchase an interest in Larry the Defendant’s and/or the Endurance Group scheme.”

Neal Run Crossing, the Powells allege, was nothing more than a ruse to help finance George’s lifestyle. Using The Endurance Group as a front, the Powells maintain that George took their money “to purchase a lavish house, a new motor vehicle, take a trip abroad and other improper acts that violated his fiduciary duties.” When they inquired to both George and Sheppard were about the status of the project, the Powells say they were told George “had found God and proclaimed that a significant portion of [their] money would be used for the church.”

In later filings, the church is identified as Fellowship Baptist in Vienna.

In their suit, the Powells allege that George “allowed a family member, who is also a common shareowner with the Plaintiffs, to sell valuable property of the Endurance Defendant at a below market value and then keep all of the assets and not make any distribution to the Plaintiffs.” Also, the Powells maintain the value of their interest in Neal Run was diminished when George allowed the same family member “to make false promises regarding the business property.”

The “family member” in George’s suit is later identified by cross-reference as Johnson in the suit the Powells filed against him on September 25. However, neither suit states how George and Johnson are related.

Facts concealed

In Johnson’s suit, the Powells allege he, with George’s approval, used Sheppard – with “a lucrative ‘finders fee’” as an incentive – to “misrepresent, mislead, fraudulently induce, misdirect, misguide, deceive, misinform and falsify” to them Neal Run Crossing. Though no date is stated in court records, the Powells maintain, George “has come forth and claimed …that he disagreed with the tactics to misrepresent, fraudulently induce, deceive and misdirect the Plaintiffs.”

The Powells maintain that, prior to the lawsuits, Johnson, 55, confided to them he “always possessed and maintained control of the Endurance Group LLC check book” since he “could not trust [George], the managerial partner.” This confession, the Powells allege, did not come until they “had fully paid their money.”

Also, the Powells allege that both personally and through Sheppard, Johnson made false representations as to both his financial condition, and the amount of money he personally invested into Neal Run Crossing. These false statements “were made to bolster the sales price” and “for the purpose of procuring the Plaintiff’s payment.”

Furthermore, the Powells allege Johnson committed fraud when on July 17, 2007 he conveyed a tract of land owned by Endurance to Western Sizzlin, LLC, a corporation Johnson formed the month before, and exclusively owns, according to the West Virginia Secretary of State. Named as a co-defendant, Western Sizzlin, LLC is the franchisee of the Roanoke, Va.-based Western Sizzlin Steak and More restaurant, and the only business in Neal Run Crossing.

As further evidence of the fraud Johnson committed on them, the Powells allege he did not record the new deed until over two months later on Sept. 25. Also, no check has been written to the Powells for the sale of the land where the Western Sizzlin is now located.

Counterclaims yield details

Records show, that in addition to answering the Powells’ lawsuits, George and Johnson filed respective counterclaims against them. Though George filed both an answer and counterclaim for both he and the Endurance Group, Johnson only filed his personally.

In the answer filed on July 23, with the assistance of Parkersburg attorney C. Blaine Myers, George and Endurance denied all the allegations against them except that George is a resident of Wood County and Endurance is limited liability company doing business in Wood County. Though none were immediately offered, George and Endurance reserved the right to “assert any and all affirmative defenses available to them.”

In their counterclaim, George and Endurance maintain that George and Johnson are the original members of Endurance with George having a 75 percent share, and Johnson 25 percent. Records do not state when the Endurance was created, and the Secretary of State’s Office has no record of its existence.

Nevertheless, George conveyed to Endurance 41.24 acres of land with a fair market value of almost $2.5 million. Again, with no dates specified, records show “A business plan was adopted by The Endurance Group LLC,” for “future development.”

In an agreement entered on March 1, 2007, J.C. Powell was to purchase one-third of George’s interest in Endurance for $1.5 million. However, a new agreement was entered on May 2, 2007 whereby Powell was given a 12.5 percent interest in Endurance for the $750,000 he paid following the previous agreement.

Though their claim is not specific, George and Endurance allege that plans for development of Neal Run Crossing, including possible annexation by the city of Parkersburg, were “emasculated” by the “actions and conduct, including threats of litigation” by J.C. Because of this, developers withdrew their participation preventing not only Endurance from “effectively managing, developing, leasing or selling real estate”, but also caused George “irreparable financial harm.”

Both George and Endurance called the Powells’ allegations against them “scurrilous and unfounded.” Also, their complaint “constitutes a willful and malicious misuse and misapplication of process against the named Defendants, for the purpose of causing them financial harm.”

In his answer filed Oct. 29 with the assistance of Parkersburg attorney George J. Cosenza, Johnson admitted only to the fact that he lives in Wood County, and that Western Sizzlin, LLC is a Wood County business with $3 million in annual sales. He asserted a defense saying that the Powells failed to state a claim on which relief could be granted, and that they waived any right to recovery.

In his counterclaim, Johnson alleges that J.C. “breached his fiduciary duty to the Defendant…, and other members of The Endurance Group, LLC, by failing to meet his obligations to provide payment for his membership in said company.” Though Johnson’s counterclaim makes reference to the March 1, 2007 agreement where Powell was to pay $1.5 million for one-third stake in the company, it makes no reference to the revised agreement where he paid $750,000 for only a 12.5 interest.

Apparently, Powell’s investment was to help retire a $881,839 loan Endurance secured from Huntington National Bank to purchase the 41 acres for Neal Run Crossing. Nevertheless, Johnson alleges that as both as a result of Powell’s breach of fiduciary duty, and the fallout from the lawsuit he and Eric filed against George and Endurance “prevented development of the real estate owned by The Endurance Group, LLC” which diminished the value of the shares” Johnson owned.

Lastly, Johnson maintains that J.C. committed a further breach of duty by improperly transferring his shares in Endurance to Eric. Because this was done “in violation of the operating agreement of the company,” Johnson demands that all of Eric’s shares be forfeited.

Both counterclaims seek unspecified damages, court costs and attorneys fees.

A trial date of Feb. 3 was initially scheduled in the George suit. However, on Jan. 14, it was postponed due to “the parties working diligently toward a settlement agreement.”

The agreement apparently fell-through as records show Judge Robert A. Waters on Feb. 9 entered a new scheduling order. In the order, Waters set Aug. 14 as another date to mediate a possible settlement, Aug. 21 for completion of discovery, Sept. 11 for a pre-trial conference, and Sept. 22 to begin trial.

As of presstime, no scheduling order had been set in the Johnson suit.

Wood Circuit Court, Case Nos. 08-C-382 (George and Endurance Group) & 08-C-586 (Johnson and Western Sizzlin)

April 23
Architectural Interior Products, Inc. v. Quality Home Solutions, LLC
P.A. – Todd Wiseman; J – Reed
* The plaintiff is suing the defendant for failing to pay for goods and services delivered. In addition to judgment in the amount of the unpaid goods and services, $6,154.79, they are seeking fees and pre-judgment interest.
Case number: 09-C-207

Marvin Mollohan v. Chrysler Motors, LLC
P.A. – John E. Ellem; J – Beane
* The plaintiff, a Washington resident, is suing the defendant for failure to honor the warranty on a 2008 Dodge Ram 2500 he purchased new on April 10, 2008. He is seeking unspecified damages, costs and fees.
Case number: 09-C-208

Hope Wilson v. Michelle Smith
P.A. – Jeffrey T. Jones; J – Reed
* The plaintiff is suing the defendant for injuries she sustained in a car wreck with the defendant on Rayon Dr. in Parkersburg on April 26, 2007. She is seeking unspecified damages, costs and fees.
Case number: 09-C-209

April 24
Wesbanco Bank, Inc. v. L. Scott and Diane C. McKnight
P.A. – Robert K. Tebay III; J – not yet assigned
* The plaintiff, a West Virginia corporation with offices in Parkersburg, is suing the defendants, residents of Carrollton, Texas, for defaulting on a $100,163.63 loan given to the defendants on June 7, 2004. In addition to judgment in the amount of the unpaid portion of the loan, $21,622.60, the plaintiff is seeking costs, fees and interest.
Case number: 09-C-212

April 27
William Charles Yeager, executor of the estate of John Andrew Yeager v. Mary Lou Vernarchick
P.A. – George J. Cosenza; J- not yet assigned
* The plaintiff, in his capacity as executor to the estate of his deceased brother, is suing the defendant to recover personal property she took from the decedent’s home following his death on June 13, 2008. In addition to unspecified damages, costs and fees, the plaintiff is seeking a temporary injunction prohibiting the defendant from selling any more of the decedent’s property.
Case number: 09-C-213

PARKERSBURG – Two attorneys who allege both a Parkersburg man and chiropractor defrauded them into investing money in a proposed retail development have filed a new lawsuit alleging the local branch of an Columbus, Ohio-based bank, and its president, had a hand in perpetuating the fraud.

On May 4, Eric K. Powell and his brother, James, filed what is now the fourth lawsuit related to their dealings with The Endurance Group, a limited liability company overseeing development of a proposed retail outlet at the intersection of W. Va. 68 and Corridor D/U.S. 50 in South Parkersburg called Neal Run Crossing.

In this suit, the Powells allege that Larry Tracey, president of the Parkersburg branch of Huntington National Bank, failed to notify them of all high-dollar transactions, including a loan given to Dr. Michael W. Johnson, one of Endurance’s original members, to fund the purchase of what is currently the only business on all of Neal Run’s 41 acres.

According to the suit, which was filed with the assistance of his partner, Anthony Majestro, James notified Tracey on May 2, 2007, that he’d become a member of Endurance. In the lawsuit the Powells filed against Larry George and Endurance last year, records show James owned a 12.5 percent stake in Endurance after investing $750,000.

George, who co-founded Endurance with Johnson, started the company as managing member with a 75 percent share, and remained as the managing member after selling a portion of his interest to James.

Eric, who is sole proprietor of the Powell Law Offices in Parkersburg, did not invest any money into Endurance. Instead, his role was to aid in processing of Endurance’s legal documents.

Along with the operating agreement, James submitted notification via fax that any transactions over $25,000 required his consent. The lawsuit alleges that Tracey “contracted and made promises” to James he would not only so honor his request, but also notify James of any exchange or transfer of Endurance’s assets.

However, the Powells allege that two days later, Tracey and Huntington “had allowed checks in the amounts of hundreds of thousands of dollars to be presented and cashed” without James’ consent. At no time did Tracey notify James or Eric Huntington would be unable to monitor Endurance’s checking account.

Also, the Powells allege Huntington failed to notify them of an “unfunded land swap” given to Johnson to locate a Western Sizzlin Steak and More restaurant in Neal Run Crossing. Though the deed was dated July 17, 2007, it was not recorded until Sept. 25, 2007, which the Powells say Tracey and Huntington knew about, yet said nothing.

“The wording of the property transfer in question, which was recorded on September 25, 2007, clearly shows that the Defendants knew and conspired in the taking of the Plaintiffs’ property, and that the taking was not done in good faith,” the Powells state in their suit.

“Defendant Tracey’s and Defendant Bank’s assistance and conspiracy in the conveyance of property by an ‘unfunded land swap’ is clear evidence that Defendant Tracey and Defendant Bank knew that the transaction was improper, and that they had conspired, aided, abetted and/or illegally converted the Plaintiffs’ property so that the Defendants could profit in making a multi-million dollar loan without the consent or agreement of the Plaintiff,” the Powells add.

The Powells allege that the failure of Tracey and Huntington to keep them informed of financial transactions regarding Endurance has harmed both them, and Endurance. Similar to ones made against not only George and Johnson, but also Robert Keith Sheppard – the alleged front man George and Johnson paid a 10 percent finders fee to entice James into becoming an Endurance member – in a lawsuit filed earlier this year, the Powells accuse Tracey and Huntington of, among other things, fraud, grand larceny, embezzlement, false pretense, breach of contract and breach of fiduciary duties.

In addition to unspecified damages, court costs and attorney fees, the Powells seek reimbursement of all checks more than $25,000, a court order declaring the deed conveyed to Johnson as fraudulent and both it and the accompanying deed of trust held by Huntington be set aside.

As of presstime, the case had not yet been assigned to a judge.

Wood Circuit Court, Case No. 09-C-230

April 27
Glenn Miller v. Nicholas S. Lukasiak, United Bankshares, Inc., United Bank, Inc. and United Bank
P.A. – Todd Wiseman; J – Waters
* The plaintiff is suing the defendants for injuries he sustained on May 1, 2007 in a car wreck with Lukasiak, while driving a vehicle owned by United, on Murdoch Ave. in Parkersburg. He is seeking unspecified damages and costs.
Case No. 09-C-214

April 28
Sullivan, Inc. d/b/a Rockport General Store v. Joshua Earl Hunter d/b/a Little Earl Trucking
P.A. – Leah R. Chappell; J – Reed
* The plaintiff is suing the defendant, a resident of London, for gasoline he purchased on credit between March 31 and April 18, 2008, and damages his truck caused in early 2008 to a canopy over the gasoline pumps. In addition to judgment in the amount of the unpaid credit, and damages – $7,137.76 – they are seeking costs and pre- and post-judgment interest.
Case No. 09-C-215

Gary Schenck v. S & A Property Research, LLC
P.A. – Richard Lindroth; J – Waters
* The plaintiff, a resident of Harrison County, is suing the defendant for failing to pay him in full 72 hours after his discharge from the company. In addition to his final paycheck of $1,740.60, he is seeking damages of $5,221.80 in damages, costs and fees.
Case No. 09-C-216

April 30

The Bank of New York Mellon v. Wayne E. and Sheila R. Williamson
P.A. – Nathan H. Wasser; J – Reed
* The plaintiff, as successor trustees of NovaStar Mortgage Funding Trust, is seeking a court order removing the defendants following and April 15 foreclosure on property the plaintiff now owns.
Case No. 09-C-217

Mullen Motors Co. v. Allen and Sheila Carroll
P.A. – Lora B. Snodgrass; J – Beane
* The plaintiff is suing the defendants for failure to pay for service performed on Dec. 31, 2004, Feb, 22, 2005 and Feb. 28, 2005 on a 1999 Plymouth Grand Voyager owned by the defendants. In addition to the amount of labor performed – $5,923.72 – they are seeking $4,232.77 in accumulated interest.
Case No. 09-C-219

Advanced Communications Co. v. Worthington Center
P.A. – William B. Summers; J – Beane
* The plaintiff, a Wheeling business, is suing the defendant, a Parkersburg business, for failing to pay the full balance of a new NEC Aspire telephone system installed on Aug. 28, 2008. In addition to the outstanding balance of $16,536.20, they are seeking attorney’s fees of $5,456, costs and pre-judgment interest.
Case No. 09-C-222

May 4

Eric K. Powell and James C. Powell v. Larry Tracey and Huntington National Bank
P.A. – Anthony Majestro; J – unassigned
* The plaintiffs are suing the defendants for failing to notify them of high-dollar transactions and property transfers from a business in which James had a minority interest. In addition to unspecified damages, costs and fees, they are seeking a court order returning all checks over $25,000, and the transfer of a parcel of property owned by the business declared void.
Case No. 09-C-230

May 5
Joseph Walker and Brenda Merced v. GMAC Mortgage LLC dba DiTech, Randall E. Sinclair and John Doe Holder
P.A. – Cynthia A. Majestro; J – Beane
* The plaintiffs are suing the defendants for inflating the market value of their home in Parkersburg for the purposes of conducting a refinancing. Along with unspecified damages, costs and fees, they are asking for $4,400 in civil penalties for each violation of applicable consumer protection laws.
Case number: 09-C-232

May 6
Debra S. Shinn v. Signature Hospital, LLC dba St. Joseph Hospital
P.A. – Walt Auvil; J – not yet assigned
* The plaintiff, a 30-year employee, is suing the defendant for failing to remit her final paycheck within 72 hours of her discharge from the hospital. She is seeking statutory judgment three times the amount of her final check, $1,086.89, plus costs and fees.
Case number: 09-C-239

May 7
Community Bank of Parkersburg v. John A., Kelly A. and Charles A. Lawrentz
P.A. – William G. Powell; J – Reed
* The plaintiff is suing the defendants for defaulting on a $38, 541.79 promissory note given to the defendants on March 4, 2005. In addition to judgment in the unpaid portion of the note, $21, 352.76, they are seeking pre- and post-judgment interest.
Case number: 09-C-241

May 8
Malissa J. Adams v. Camden-Clark Memorial Hospital
P.A. – Scott H. Kaminski; J – not yet assigned
* The plaintiff is suing the defendant for injuries she sustained on May 11, 2007 while working on one of the defendant’s ambulances, and for wrongful termination following her discharge on Dec. 13, 2007. She is seeking unspecified damages, costs and fees.
Case number: 09-C-242

Nationwide Mutual Insurance v. Samantha Conter
P.A. – Robert A. Flaugher; J – not yet assigned
* The plaintiff is suing the defendant, a resident of Beverly, for subrogation of a claim it paid to its policyholder, James and Karen Willey, following a car wreck on Sept. 2, 2008. They are seeking judgment in the amount of the claim, $6,934.53, plus interest and costs.
Case number: 09-C-243

Nationwide Mutual Insurance v. Amy R. and Jason C. Waterman
P.A. – Robert A. Flaugher; J -not yet assigned
* The plaintiff is suing the defendants for subrogation of a claim it paid to its policyholder, Stacy Strum, on April 16, 2008. They are seeking judgment in the amount of the claim, $3,715.26, plus interest and costs.
Case number: 09-C-244

Jackie A. Nay v. Brian Acord and Petroleum Products, Inc.
P.A. – Richard D. Dunbar; J -not yet assigned
* The plaintiff, a Parkersburg resident, is suing the defendants for injuries she sustained on May 11, 2007 in a car wreck with Acord while working for Petroleum Products. She is seeking unspecified damages, interest and costs.
Case number: 09-C-245

Camden-Clark Memorial Hospital

PARKERSBURG — An Ohio attorney is alleging that his former law firm has unfairly gained from the nearly 5,000 hours he put into a successful wrongful death suit against a Wood County hospital and physician.

Christopher A. Rinehart, along with Bernard R. Boggs, filed suit in Wood Circuit Court on Feb. 27 against the Columbus, Ohio, law firm of Carlile Patchen and Murphy.

In the compliant, Rinehart, 37, a resident of Kilbourne, Ohio, and Boggs, 58, of Mineral Wells, are seeking declaratory judgment against CPM for the $700,000 in attorneys fees awarded to the firm following a $6 million judgment Boggs won in a wrongful death suit against Camden-Clark Memorial Hospital in 2006.

According to court records, Boggs retained Rinehart, who is licensed in both Ohio and West Virginia, on Oct. 1, 2001, to investigate a medical malpractice claim against Dr. Manish I. Koyawala. Two days earlier, Koyawala administered a lethal overdose of anesthesia on Boggs’ wife, Hilda, a first grade teacher, who was admitted to Camden-Clark Memorial Hospital to undergo surgery for a broken ankle she sustained earlier at Mineral Wells Elementary School.

Five months later, Rinehart along with Alan Simms filed what would be the first of five lawsuits associated with Hilda’s death. In Boggs I, Koyawala, Evelyn R. Melvin, a certified registered nurse anesthetist, United Anesthesia Inc. and C-CMH were all named as co-defendants.

However, Boggs I was dismissed later that year for failure of the defendants to receive notice of the suit. Shortly thereafter, Simms was released as co-counsel.

On March 17, 2003, Rinehart joined CPM as an associate member of the firm. Though records show Rinehart’s offer of employment was not contingent on keeping the Boggs case , CPM did not object to his continued involvement.

By this time, Rinehart had devoted 1,893 hours into the case.

About a month or two later, Boggs retained the Wheeling law firm of Bordas and Bordas “to conduct primary litigation activity.” However, Boggs made clear that Rinehart was to remain a part of his legal team.

Later, on June 30, 2003, Boggs II was filed. Records show, the defendants were the same from Boggs I except Melvin.

However, it would be dismissed as well. According to court records, Judge Robert A. Waters dismissed Boggs II on Oct. 20, 2003, for failure of the defendants to be served with a 30-day pre-suit notice as required by the Medical Professional Liability Act.

Though the state Supreme Court would reverse Waters’ dismissal on Dec. 8, 2004, Boggs III was filed in late-December 2003 with the proper pre-suit notice. Boggs III, records show, contained the same defendants and allegations as Boggs II.

Hammering out details

In the interim, Bordas submitted a formal contingent fee agreement to Rinehart on March 4, 2004, to submit to CPM and Boggs for their approval. Though Bordas signed the initial agreement, CPM objected it due to a split in fees between the firm and Rinehart, and Boggs refused to sign the agreement unless the fees were split.

Eventually, on Jan. 20, 2005, a contingent fee agreement was reached. Though they reserved the right to amend it later, Rinehart and CPM agreed to a fee split.

Among other things, the agreement called for the attorneys to receive 40 percent of any award if the case was settled after the suit was filed, and 50 percent if it was brought to a close after an appeal. In either instance, Bordas would get 60 percent of the award, and CPM 40 percent, of which half would go to Rinehart.

Also, “[a]ll fees were to be paid at the final disposition of the case.”

No sooner than the agreement was signed that records show, H. Ritchey Hollenbaugh, head of CPM’s litigation department, with the knowledge of the firm’s managing partner, Robert B. Barnett,
sent a memo to Rinehart saying CPM “would not abide by the terms of the First Fee Agreement with respect to the stated fee split” between them. Though the memo was communicated to Rinehart, the suit alleges it wasn’t to Boggs.

Continuing to hammer

In the midst of negotiating the first fee agreement, C-CMH, via its attorney Richard A. Hayhurst, filed counterclaims in Boggs III and II on May 4, 2004, and May 23, 2005. In them, C-CMH asserted that the claims Boggs raised in both lawsuit were completely without merit, and sought reimbursement for defending themselves as well as punitive damages.

However, C-CMH voluntarily dismissed its counterclaim in Boggs III on Aug. 3, 2005, with the other counterclaim terminated on May 22, 2006, when Boggs II and III were merged.

Nevertheless, Boggs later filed separate lawsuits against C-CMH and Hayhurst for malicious prosecution in bringing the counterclaims. According to court records, the first suit was filed on Sept. 28, 2005, against C-CMH with the other filed on July 27, 2006, against Hayhurst thus becoming Boggs IV and V.

Due to Hayhurst being now being named as an individual defendant, Bordas forwarded a new contingent fee agreement to Rinehart for Boggs and CPM to sign for Boggs IV and V. “The Second and Third Fee Agreements,” the suit alleges, ” were substantively identical to the First Fee Agreement.”

Once again, CPM objected to a fee split with Rinehart, and Boggs refused to sign the agreement unless it contained a fee-split cause. Eventually, on Nov. 7, 2007, Barnett signed-off on the second and third agreements, and gave it to Rinehart to remit to Bordas and Boggs.

After doing so on Nov. 11, CPM terminated Rinehart from the firm the next day. Court records show, Rinehart was not notified of his termination until Nov. 15 which he was notified he had until Nov. 21 to clear out his office.

Though CPM never conferred with Boggs about Rinehart’s termination until after-the-fact, they did honor his Nov. 17 request to release all files on Boggs IV and V to Rinehart so he could continue litigating the case. It was at this time that CPM’s involvement in all of Boggs cases ceased, the suit alleges.

Getting rid of a rainmaker

During his time with CPM, Rinehart alleges he invested an additional 3,016 into Boggs II and III. By comparison, CPM, aside from Rinehart’s time, devoted 135 hours to litigating the cases, and advanced $31,577.04 in expenses.

Two years prior to Rinehart’s termination, Boggs settled his claims against Koyawala and United Anesthesia. As a result of the Nov. 22, 2005 settlement, records show CPM received $160,000 plus $10,915.84 in expense reimbursement.

Four months later on March 10, 2006, a jury awarded Boggs $6.5 million dollars in the remaining claims against C-CMH in Boggs II. Records show a month later Waters formalized the judgment in Boggs’ favor at $4,834,380 plus interest.

After the Supreme Court denied its first appeal in Boggs II and III on Sept. 20, 2007, and before also denying its second appeal on Nov. 7, C-CMH on Oct. 5, 2007, paid Boggs $5,528,781.76. Pursuant to the first fee agreement, Boggs tendered payment to CPM in the amount of $552,878.16 in attorney fees and $20,661.20 in expenses.

By this time, records show, CPM had earned $712,878.16 in attorney fees, and recouped all its expenses. Boggs II and III officially came to end on April 28, 2008 when the U.S. Supreme Court declined to hear C-CMH’s appeal.

Both Boggs IV and V are still pending in Wood Circuit Court. According to court records, between Nov.12, 2007, and Feb. 27, Rinehart has put 2,026 hours into those cases.

Getting what’s theirs

In their suit, Boggs and Rinehart seek judgment against CPM on three counts — two for discontinuance of representation without good cause or abandonment in the first and second/third fee agreements and for breach of contract of employment. Despite Rinehart’s termination, CPM neither made an effort to assign new counsel to all the Boggs cases, nor “has sought an appropriate withdrawal from Mr. Boggs’ matters in accordance with the First, Second, or Third Fee agreements, and under applicable rules.”

Because it breached its contractual obligations, Boggs and Rinehart maintain CPM has not earned any of the contingent fees in any of the three agreements. Therefore, they are asking the circuit court to award them judgment in the amount of the fees CPM earned prior to Rinehart’s dismissal – $712.878.16 plus court costs and attorneys fees.

As of presstime, records show that CPM had yet to be served with notice of Boggs and Rinehart’s suit. A telephone call left with Barnett was not immediately returned.

Currently, Rinehart is of counsel at the Columbus law firm of Rinehart and Rishel. According to its Web site, one of the firm’s partners, Dana G. “Buck” Rinehart is a former two-term mayor of Columbus and two-term treasurer of Franklin County.

It is not immediately clear if the two Rineharts are related.

The suit was filed with the assistance of Jeffrey Wakefield with the Charleston law firm of Flaherty, Sensabaugh and Bonasso.

The case has been assigned to Judge J.D. Beane.

Wood Circuit Court case number 09-C-92

PARKERSBURG – In looking for new clients, a Wood County attorney had to go no further than his driveway following a 2007 car wreck.

In a lawsuit filed May 15 in Wood Circuit Court, William G. Powell and his wife Deborah allege both their car was damaged, and they were injured following a collision with a car driven by Daniel Ludwig. The collision, records show, occurred on May 16, 2007.

According to the complaint, William, 59, and Deborah, 51, were traveling along W.Va. 14 when attempting “to make a left turn into their driveway when Defendant carelessly, recklessly, and negligently struck [their] vehicle in the rear at a high rate of speed with such force that it knocked [the] vehicle off the highway.” No other details of the accident are given except that both the Powells and Ludwig were traveling southbound on Route 14.

Records show Ludwig, 25, lives in Elizabeth in Wirt County.

No specifics are given, but the Powells allege as a result of the collision they “suffered bodily injuries, pain and suffering and medical expenses.” Also, following the wreck they had to invest $15,000 into repairing their car which diminished its value by $4,000.

The make and model of the Powell’s vehicle is not specified in court records.

The Powells are asking for unspecified damages for the injuries they sustained, but they be awarded $4,000 of the car’s diminished value.

William, who is sole proprietor attorney in downtown Parkersburg, is representing both he and Deborah in the case.

As of presstime, the case had not been assigned to a judge.

Wood Circuit Court case number: 09-C-263

May 13
First Neighborhood Bank, Inc. v. Alva J. Watson
P.A. – Andrew Woofter III; J – Waters
* The plaintiff is suing the defendant for defaulting on a total of $239,342 in loans and promissory notes given to the plaintiff between April 13 and Nov. 5, 2005. In addition to judgment for the outstanding portions of the loans and promissory notes – $127,644.32 – they are seeking pre-judgment interest starting on May 12 and fees.
Case No. 09-C-251

Matthew West v. Andy Whitten, Richard and Mona Buckbee d/b/a Rendezvous Bar and Grill; Robert and Suzanne Deem d/b/a Rendezvous Bar and Grill
P.A. – G. Bradley Frum; J – Beane
* The plaintiff, a Parkersburg resident, is suing the defendants for injuries he sustained on May 13, 2007 while in the bar, and attacked by Whitten, who was known to be dangerous and had been previously removed from the bar. The Deems took ownership of the bar from the Buckbees on July 20, 2007. He is seeking unspecified damages.
Case No. 09-C-253

Timothy A. Bush v. General Electric Company
P.A. – Walt Auvil; J – Reed
* The plaintiff is suing the defendant for failure to compensate him for accrued and unused vacation days following his termination on Feb. 28, 2009. In addition to judgment for three times the amount of the accrued vacation time -$2,464- he is seeking interest, costs and fees.
Case No. 09-C-256

May 14
Wesbanco, Inc. v. The Singer Sheet Metal Company, Paul Hoblitzell III and Anita C. Lockhart, administratrix of the estate of Randy W. Lockhart, deceased
P.A. – Robert W. Full; J – Waters
* The plaintiff is suing the defendants for defaulting on $1.975 million in loans granted to the defendants on May 1, 2003. In addition to a court order granting possession of property used as collateral for the loans, they are seeking costs and fees.
Case No. 09-C-257

A.J. Watson d/b/a Bubble Magic Car Wash v. Nancy Claypool
P.A. – C. Edward McDonough; J – Beane
* The plaintiff is suing the defendant for damages she inflicted to the inside wall of the car wash on Dec. 27, 2008. He is seeking unspecified damages, interest and costs.
Case No. 09-C-258

Steve M. Dawson v. John M. Roberts
P.A. – Bruce M. White; J – Waters
* The plaintiff is suing the defendant for injuries he sustained after he was struck by Roberts’ car on Dec. 15, 2008 at the Speedway on Grand Central Ave. in Parkersburg. He is seeking unspecified damages, costs and fees.
Case No. 09-C-260

Judith Ann Hayhurst, Carlos Kyle Hayhurst, et ux, DeAnn Hayhurst Riddle, as guardian and next friend of Laken Nicole Riddle, and Laken Nicole Riddle, individually v. Gary M. Porter
P.A. – David A. Jividen; J – Reed
* The plaintiffs are suing the defendant for injuries Judith and Laken sustained in a car wreck with the defendant on Aug. 2, 2008. They are seeking unspecified damages, interest and cost.
Case No. 09-C-262

May 15
William G. and Deborah B. Powell v. Daniel Ludwig
P.A. – Pro se; J – not yet assigned
* The plaintiffs are suing the defendant for damages to their car and injuries they sustained in a car wreck with the defendant on May 10, 2007. They are seeking unspecified damages for their injuries, and $4,000 for the diminished value of their car.
Case No. 09-C-263

Brenda S. Powell v. Parkersburg and Wood County Public Library
P.A. – Bruce White; J – not yet assigned
* The plaintiff is suing the defendant for injuries she sustained after falling on uneven pavement in the front of the library’s main branch on Emerson Ave. She is seeking unspecified damages, costs and fees.
Case No. 09-C-266

Camden-Clark Memorial Hospital

PARKERSBURG – A former paramedic for a Wood County hospital is alleging the hospital added insult to her work-related injury when she was later fired, all in less than a year.

On May 8, Malissa J. Adams filed a lawsuit against Camden-Clark Memorial Hospital Corporation in Wood Circuit Court. In her complaint, Adams alleges that while still recovering from an injury she sustained from working on one of its ambulances, C-CMH terminated her employment seven months later.

According to her complaint, Adams, 51, a resident of Vienna, was working on an ambulance wheelchair lift on May 11, 2007. Adams alleges she sustained a torn rotator cuff when her right hand got caught in the lift.

Because the malfunction of the lift “was a recurring problem which was not properly addressed,” C-CMH created “a specific unsafe working condition which presented a high degree of risk and strong probability of serious injury of death.”

Following her injury, Adams applied for and received workers’ compensation benefits. While still receiving workers’ comp, Adams states that C-CMH “effectively terminated” her on Dec. 13, 2007.

The termination, Adams alleges, was “in retaliation for making a claim for such benefits.”

In her two-count complaint, Adams accuses C-CMH of deliberate intent and retaliatory discharge. As a result of both, Adams maintains she incurred “pain and suffering both past and future, lost wages both past and future, a diminished earning capacity, loss of enjoyment of life… and emotional distress.”

She is seeking unspecified damages, court costs and attorneys fees.
Scott Kaminski, with the Charleston law firm of Balgo and Kaminski, assisted Adams in filing the suit.

The case has been assigned to Judge Robert A. Waters

Wood Circuit Court, Case No. 09-C-242