PARKERSBURG – Since losing her battle with cancer, a Pleasants County woman’s estate soon will be amending her medical malpractice suit against a Wood County hospital and New York physician into a claim for wrongful death.

In August, Barbara Lauer filed a medical malpractice suit against St. Joseph’s Healthcare System and Dr. M. Akhtar Cheema. St. Joseph’s Healthcare System is a Houston, Texas-based company that operates St. Joseph’s Hospital in Parkersburg where Cheema worked temporarily as a pathologist.

According to the state Board of Medicine’s Web site, Cheema now works at the Brooklyn Hospital’s Department of Pathology in Brooklyn, N.Y.

In her suit, Lauer alleged each was negligent in failing to timely diagnose a mole/lesion found on her scalp in 2005 as cancerous. It wasn’t until the mole/lesion returned, and both the first and second samples were sent to Cornell University for evaluation was it discovered she had a malignant melanoma.

After a third surgery and a full body CT scan in August 2006, a year after the first mole/lesion was removed, it was reveled that the cancer had spread to other areas of her body. Eventually, Lauer would have to later undergo a fourth surgery for removal of lymph nodes from her neck.

Due to Cheema’s and St. Joseph’s failure to detect the tissue samples as cancerous, Lauer alleged that she was left to suffer a “permanent and deadly injury” which limits her “ability to fully function, live life, and fully live her life into the future.”

On Jan. 28, Lauer’s allegation would prove prophetic as she died at age 65 at her home in St. Marys. Her immediate cause of death, according to her death certificate, was metastatic malignant melanoma.

Lauer’s death was not disclosed in court records until April 30 when St. Joseph’s filed a formal notice. Her attorney, David A. Jividen Jr., said Lauer’s suit would now be pursued by her estate, and amended to include a wrongful death action following the appointment an executor.

A hearing was scheduled for May 13 to consider a motion by the estate to amend the complaint. However, Jividen said the hearing was cancelled due to an emergency in Judge Jeffrey B. Reed’s family.

A check with both Reed’s office and the Wood Circuit Clerk showed that no new hearings in the case have been scheduled through July.

In their respective replies to Lauer’s suit, Cheema and St. Josephs denied any negligence saying that any damages she suffered were outside for their control. Also, both asked that the case be dismissed citing the Medical and Professional Liability Act – Cheema on the grounds Lauer failed to submit both the 30-day pre-suit notice and certificate of merit, and St. Joseph’s on the grounds that Cheema was an independent contractor with more than $1 million in liability insurance coverage.

Wood Circuit Court case number 08-C-508

May 18
Gina Brunicardi v. The Kroger Company
P.A. – Ginny Conley; J – Waters
* The plaintiff, a Parkersburg resident, is suing the defendant for injuries she sustained after slipping on the floor at the defendant’s store on East 7th Street in Parkersburg. She is seeking unspecified damages, costs and fees.
Case number: 09-C-268

Vicki D. Knight v. Jeffrey A. Bosley and Southbridge, LLC
P.A. – Bruce M. White; J – Beane
* The plaintiff is suing the defendant for injuries she sustained on Oct. 18, 2007 after falling on an uncarpeted wooden step at the Camelot Apartments in Parkersburg. She is seeking unspecified damages, costs and fees.
Case number: 09-C-269

Claywood Park Public Service District v. John E. and Sharon J. Dickel
P.A. – Aaron Boone; J – Reed
* The plaintiff is seeking a court order condemning a portion of the defendant’s property for the purpose of creating a right-of-way for a sewer line. The estimated fair-market value of the easement is $4,900.
Case number: 09-C-272

Claywood Park Public Service District v. Kathleen, Brian M. and Brooks A. Morton
P.A. – Aaron Boone; J – Reed
* The plaintiff is seeking a court order condemning a portion of the defendant’s property for the purpose of creating a right-of-way for a sewer line. The estimated fair-market value of the easement is $900.
Case number: 09-C-273

May 20
North Coast Commercial Roofing Systems, Inc. v. The Singer Sheet Metal Company
P.A. – Steven M. Bratke; J – Beane
* The plaintiff, a Twinsburg, Ohio business, is suing the defendant, a Parkersburg business, for failing to pay for goods and services provided. In addition to judgment for the outstanding balance, $195,717.41, they are seeking fees and interest.
Case number: 09-C-274

May 22
Taxi Leasing Ltd and S.D. Heckert v. General Motors Corporation
P.A. – John N. Ellem; J- not yet assigned
* The plaintiffs are suing the defendant for breach of warranty following numerous defects discovered in a 2004 GMC 4500 truck purchased on March 24, 2004. They are seeking unspecified damages, fees and interest.
Case number: 09-C-283

Barbara G. Arnold v. the estate of B. Robert Blair, through its administrator, Robert Van Blair, Lynn Scullion Blair, O.D., Robert Van Blair, M.D., individually, and Jon H. Blair
P.A. – Drew Capuder; J – Beane
* The plaintiff, a Parkersburg resident, is suing the defendants for breach of contract when they reneged on an agreement following Blair’s death on June 15 to deed her the home she and Blair shared on Fairview Heights for 18 years. In addition to unspecified damages, she is seeking declaratory judgment concerning her interest in the property, and a constructive trust to accomplish its transfer. A preliminary injunction allowing Arnold to remain in the home was granted on May 26.
Case number: 09-C-285

This branch of United Bank at the Grand Central Mall in Vienna is where Parkersburg resident Mary Miller alleged in a lawsuit she fell and injured herself during a 2006 visit. As a result of her injuries, both Miller and her husband, Hubert, made a claim against United for $3 million. An out-of-court settlement in the case was reached on May 11 with the sides agreeing not to discuss the terms. (Photo by Lawrence Smith)

PARKERSBURG – A out-of-court settlement has been reached in a Wood County personal injury case in which an elderly woman was seeking a multi-million judgment against the state’s largest financial institution after mysteriously falling during a visit to one of its branches.

On May 11, Wood Circuit Judge J.D. Beane dismissed the case of Miller v. United Bankshares, et. al. Originally scheduled to begin trial two days earlier, the dismissal came as an apparent result of a settlement reached during a scheduled mediation conference on April 20 at the Huntington law firm of Lamp, O’Dell, Bartram, Levy and Trautwein.

United’s attorney, James A. Muldoon, with the Charleston law firm of Pullin, Fowler, Flanagan, Brown and Poe, confirmed that a settlement was reached. However, due to confidentially agreement, he could not disclose the terms.

In the complaint she filed in January 2008, Mary L. Miller, 81, of Parkersburg, alleged while visiting United’s branch at the Grand Central Mall in Vienna two years earlier, she fell unexpectedly to the floor after speaking with an unidentified employee. During the 16 months of litigation, no explanation was given as to what, or who, caused Miller’s fall.

Nevertheless, Miller alleged due to the fall, she “suffered great medical expense, great pain and suffering, loss of enjoyment of life, a great annoyance and inconvenience and other damages.” Among the manifested damages she suffered were “a broken hip, two blood cots in the lungs and two bouts of pneumonia.”

Also, the suit alleged that as a result of Mary’s injuries, her husband Hubert, 87, “has suffered a loss of companionship, love and affection, and other consortium.” He was a co-plaintiff in the suit.

Because United had “unfairly failed to compensate [the Millers] in spite of their obvious ability to do so, the Millers put a price tag on their damages at $3 million. Parkersburg attorney Dean A. Furner assisted the Millers in filing the suit.

With dual headquarters in Washington, D.C., and Charleston, United Bankshares is the parent company of United Bank, Inc., whose main branch and principal office is located on Market Street in Parkersburg. United Bank was named a co-defendant in the suit.

According to its Web site, United holds $8.1 billion in assets in the 114 branches it has in West Virginia, Ohio, Virginia, Maryland and Washington.

Wood Circuit Court, Case No. 08-C-40

May 26
Chuck’s Truck Repair v. David Strickler
P.A. – George Cosenza; J – Reed
* The plaintiff, a Washington business, is suing the defendant for unpaid repairs. They are seeking judgment for $21,113.20 plus costs and interest.
Case number: 09-C-286

May 29
Angela Peters v. S.A. Property Research, LLC and Amy Gough
P.A. – Katherine L. Davitan; J- not yet assigned
* The plaintiff is suing the defendants for failing to remit her final paycheck within 72 hours of her termination on March 15, 2007. She is seeking unspecified damages, costs and fees.
Case number: 09-C-290

June 2
Deloris J. Nibert, as personal representative of the estate of Martha Phillips v. Eagle Pointe, Eagle Care, Inc. dba Eagle Pointe, Jackson Leasing II, LLC, American Senior Communities, LLC and Karen Lawson
PA – Harry F. Bell Jr.; J – Beane
* The plaintiff, a resident of Ashton, is suing the defendants, an Indianapolis, Ind.-based business, for the wrongful death of her mother following an injury she sustained at the defendant’s facility in Parkersburg on March 1, 2008. She is seeking unspecified damages and fees.
Case number: 09-C-292

June 3
BB&T v. Carl M. Fisher
PA – J. Breckenridge Martin; J- Beane
* The plaintiff is suing the defendant for defaulting on a $244,000 loan given to the defendant for start-up of his now-defunct business, River Valley Bagels, LLC, on Nov. 12, 2002. They are seeking judgment in the outstanding portion of the loan, $74,667.16, pre- and post-judgment interest, costs and fees.
Case number: 09-C-295

June 5
Matthew Edward Deem v. Henry Sasyn
PA – Harry G. Deitzler and Ginny Conley; J – Beane
* The plaintiff is suing the defendant for injuries he sustained on April 4 when Sasyn struck and ran over Deem with his Jeep Grand Cherokee near Amanda Lane in the Stone Creek subdivision outside of Parkersburg. He is seeking unspecified damages, costs and fees.
Case number: 09-C-301

June 9
State of West Virginia ex. rel. Darrell V. McGraw Jr. v. Amy R. Wright and John J. Wright, aka John James Myers, individually, and dba Flawless Fences and Corrals
P.A.- Charli Fulton; J- Beane
* The plaintiff is suing the defendants for violation of the state Consumer Credit and Protection Act based on complaints lodged by Dave Anderson and Timothy Vincent. In addition to seeking full restitution for Anderson and Vincent, the state is asking for a temporary injunction prohibiting the defendants from conducting any more work until they obtain the proper licenses.
Case number: 09-C-306

June 10
Gabriele M. and David J. Caplinger v. William B. Bright III
P.A. – George E. Lantz; J – Reed
* The plaintiffs are suing the defendants for injuries they sustained in a car wreck with the defendant at the intersection of Plum and 19th streets on June 13, 2007. They are seeking a total of $85,000 in damages plus interest and costs.
Case number: 09-C-307

June 11
Ruth Nash v. Nikz Enterprises, Inc.
P.A.- David R. Karr Jr.; J – Waters
* The plaintiff is suing the defendant for injuries she sustained on June 11, 2007 after falling on an unmarked portion of the sidewalk owned by the defendant, Shoney’s of Parkersburg, on Garfield Avenue. She is seeking unspecified damages, costs and fees.
Case number: 09-C-308

Charlene and Michael Cottrell v. Western Sizzlin LLC
P.A. – Todd Wiseman; J – Beane
* The plaintiffs, residents of Greer, S.C., are suing the defendant for injuries Charlene sustained after slipping on a slick floor near the salad bar on Jan. 8, 2008. The suit also makes a claim for Michael for loss of consortium with Charlene. They are seeking unspecified damages.
Case number: 09-C-309

June 12
Lubeck Public Service District v. Michael A. and Shayne M. Garner
P.A. – Richard A. Hayhurst; J – Beane
* The plaintiff is suing the defendant’s for trespassing on an easement granted to the plaintiffs on June 17, 1998. They are seeking a court order removing the defendants from plaintiff’s property plus costs and fees.
Case number: 09-C-313

June 15
LTD Acquisitions, LLC v. Robert A. Stout
P.A. – Steven B. Mulrooney; J – Reed
* The plaintiff is suing the defendant to collect on a debt he owns to Chase Bank. They are seeking judgment for $27,318.07 plus pre- and post-judgment interest.
Case number: 09-C-314

Lubeck Public Service District v. Greentree Applied Systems, Inc.
P.A. – Richard A. Hayhurst; J – Beane
* The plaintiff is suing the defendant for breach of warranty in failing to honor its agreement to correct defects in accounting software sold to the plaintiff on March 28, 2005. They are seeking unspecified damages plus pre-judgment interest.
Case number: 09-C-317

June 16
Estate of Joseph Hornbeck, James Hornbeck, administrator v. Marietta Care, LLC dba Arbors at Marietta dba Arbors at Marietta Residential Care Facility; Northern Health Facilities, Inc.; Extendicare Homes, Inc.; Extendicare Health Services, Inc.; Extendicare Health Network, Inc.; Extendicare, Inc; Extendicare Holdings, Inc. and Camden-Clark Memorial Hospital Corp.
P.A. – James C. Peterson and Aaron L. Harrah; J – Reed
* The plaintiff is suing the defendants for negligent treatment of Joseph during his stay at the respectfully facilities from Sept. 14, 2007 to March 17, 2008 which led to his ultimate death. It is seeking unspecified damages, fees and interest.
Case number: 09-C-319

June 17
Michael J. Mutz v. DuPont N.A., Inc., Gregory A. Bolton and Joseph E. Anderson
P.A. – Walt Auvil; J – not yet assigned
* The plaintiff is suing the defendants for age discrimination following his termination from the company due to a reduction-in-force on March 31. He is seeking unspecified damages, costs and fees.
Case number: 09-C-321

June 22
Gatewood Transportation Company v. Glenn Hanson and Mystic Hills, LLC
P.A. – Ginny Conley; J – Beane
* The plaintiff, a Belpre, Ohio-based business, is suing the defendants, a Parkersburg resident and business, for theft of trade secrets and confidential and propriety information in violation of an agreement Hanson signed with the plaintiff on Jan. 29, 2008. In addition to unspecified damages, costs and fees, they are seeking a preliminary injunction against the defendants from disclosing anymore trade secrets or confidential information.
Case number: 09-C-323

June 26
S & A Property Research, LLC v. Chemwood Partners, Richard M. Greenwood and Alfred L. Oglesby
P.A. – Andrew C. Woofter III; J – not yet assigned
* The defendant, a Parkersburg business, is suing the defendants, a Houston, Texas-based business, and two of its partners who are Texas residents, for breach of contract in failing to pay for services rendered from March to May in researching oil and gas leases. In addition to judgment in the amount of the outstanding invoices, $152,701.96, they are seeking costs and interest.
Case number: 09-C-332

June 29
The West Virginia Human Rights Commission, et. al. v. William I. Cochran
P.A. – Jamie S. Alley; J – not yet assigned
* The plaintiff is suing the defendant, owner of a multi-unit apartment complex on Knotts Avenue in Parkersburg for housing discrimination based on multiple acts of unwanted sexual advances on Savannah Abbott, Shauna Britton and Tammy Hutson between 2004 and 2008. In addition to unspecified damages, they are seeking injunctive relief requiring the defendant to cease and desist all discriminatory and harassing conduct.
Case number: 09-C-333

July 1
Verizon of West Virginia, Inc. v. FFE Transportation Services, Inc.
P.A.- Diana Leigh Johnson; J – Beane
* The plaintiff is suing the defendant, a Dallas, Texas-based business, for damages one if its vehicles inflicted on aerial cables along 55th Street in Vienna on July 3, 2007. They are seeking judgment in the total amount of the damages, $94,993, plus fees and costs.
Case number: 09-C-336

Gregory A. West v. Fernando P. Martin
P.A. – James I. Stealey; J – Reed
* The plaintiff is suing the defendant for injuries he sustained on Oct. 23, 2007 in a car wreck with the defendant on 5th Street in Parkersburg. He is seeking minimal damages of $63,711.48 plus costs and interest.
Case number: 09-C-337

Marjorie Cynthia Humphreys, as power of attorney for Rosalie Humphreys, v. Eagle Pointe, EagleCare, Inc. dba Eagle Pointe, Jackson Leasing II, Inc., American Senior Communities, LLC and Karen Lawson
P.A. – Harry Bell; J -Beane
* The plaintiff is suing the defendants for injuries her mother sustained while a resident at the defendant’s Parkersburg facility between Feb. 21-28, 2008. She is seeking unspecified damages and fees.
Case number: 09-C-339

PARKERSBURG – A Wood County man is named a civil rights lawsuit alleging he engaged in pattern of inappropriate behavior with three of his female tenants during a four-year period.

The state Human Rights Commission filed suit on behalf of Savannah Abbott, Shawna Britton and Tammy Hutson against William I. Cochran Jr. in Wood Circuit Court. In its complaint filed on June 26, HRC alleges Cochran, owner of an apartment complex at 1600 Knotts Ave. in Parkersburg, created a hostile environment when he allegedly sexually harassed the three women from 2004 to 2008.

According to court records, Hutson was the first to rent an apartment from Cochran. She entered into a lease agreement in October 2004.

Shortly after moving in, Hutson noticed that some her undergarments had disappeared. Records show she took the liberty of changing the lock on her apartment, and did not notify Cochran about it.

About two to three weeks later, Cochran asked Hutson for a new key to her apartment. She maintains that Cochran never notified her that he needed permission to enter her apartment.

Records show, after she provided him a key, Hutson changed her lock again. When Cochran, again, asked for a key to the new lock Hutson complied, but later added a deadbolt.

Though records do not specify when, Hutson alleges that Cochran would “routinely” attempt to touch her. According to the suit, Cochran “repeatedly touched Hutson on the hand, arm, shoulders, neck and back and/or placed his arm around Hutson’s shoulders and reached his hand forward as if her were trying to touch her breasts.”

On another occasion last year, Cochran allegedly became physical with Hutson when she would not leave a room where he was fixing her air conditioner. When asked what ” ‘extra bonus’ ” he would receive for fixing the air conditioner, Hutson told Cochran ” ‘none.’”

Hutson alleges that Cochran asked that if a friend, Lena Wilson, who was visiting that day would give him a ” ‘bonus.’” He later asked Wilson what she was doing the following week since “he was getting his disability check soon to buy some Viagra.”

When Cochran continued to make unwanted advances on Hutson throughout the summer, her boyfriend, Ron Nutter, approached him and told Cochran to leave both Hutson, and her daughter, another Knotts Avenue resident, alone. She alleges that a day or two later, Cochran notified her that he was raising her rent by $100 a month.

Though she vowed she would not pay the additional rent until he fixed a mold problem in her apartment, Hutson was evicted from her apartment on Oct. 15 after Cochran served her with a notice a month earlier.

Four days prior to Hutson, Britton moved out of her apartment after being served with an eviction notice by Cochran in September. She alleges much what happened to Hutson, happened to her.

According to the suit, Britton and Nicole Haverty signed a lease agreement to share an apartment in July 2008. On the day they moved in, Britton alleges Cochran approached their moving truck, began rifling through Britton’s underwear drawer and “pulled out specific undergarments that he then proceeded to hold up, inspect and discuss.”

Also on that day, Cochran told Haverty that Britton “was cute and asked if he could take [her] home with him.”

Like with Hutson, Britton alleges that some of her undergarments went missing. She maintains that’s a direct result of Cochran entering her apartment without her consent or prior notification.

Furthermore, Britton alleges that on multiple occasions, Cochran would place his hands on both her and Haverty’s back and shoulders only to slide his hands down to their buttocks. She maintains that in retaliation for resisting his advances, Cochran raised their rent $150.

In her portion of the lawsuit, Abbott makes no allegation that Cochran touched or grouped her like he did Hutson and Britton. However, during her five-month stay at the complex, Abbott maintains that Cochran still subjected her to verbal taunts.

Abbott, records show, signed her lease on Jan. 24, 2007. After she moved into her apartment, Abbott alleges Cochran called her on the telephone, and asked that she come to his garage on the complex’s grounds.

When she arrived, he asked her to hold a level while working on a car. It was then that he not only questioned her sex live with her then-boyfriend, and now husband, Brian Abbott, but Cochran also is alleged to have told Abbott that if “he were forty years younger he would like to ” ‘have a piece of that ass.’”

After telling Cochran her sex live was none of his business, Abbott told Cochran if he ever needed any more help she should call Brian, and left the garage. Though Cochran made subsequent requests for Abbott to meet him in the garage, she refused, and went so far as to make him exit the garage when rent payments were due.

Later on unspecified dates, Cochran, after finding out Abbott got a job as a secretary, said she could make more money as a ” ‘suckretary.’” Also, when a black male friend came to visit her one day, Cochran later asked Abbott, who is white, if she liked ” ‘black c–k,’” and that “he would like to walk in on her naked.”

Though she alleges Cochran entered her apartment without prior notice on at least one occasion, she makes no claim, like Hutson and Britton, that any undergarments were missing. In May 2007 when Cochran was seen lurking outside her apartment, Brian confronted him, and “advised him to stop his unwelcome conduct.”

When Abbott failed to “get rid” of Brian as he requested, Cochran made good on a treat to evict her on May 24, 2007.

HRC’s suit alleges that all three women suffered general and special damages due to unlawful discriminatory housing practices committed by Cochran. The three-count suit also claims that Cochran failed to keep the complex free of sexual harassment, and he engaged in reprisals when he was told to cease his conduct.

In addition to unspecified damages, court costs and attorney’s fees, HRC is asking for assessment of civil penalties, and injunctive relief for Cochran to cease and desist his conduct, and for the court to order such a remedy against future discrimination and harassment.

HRC is represented by Assistant Attorney General Jamie S. Alley, and Deputy Attorney General Paul Sheridan, director of the civil rights division. The case has been assigned to Judge Jeffrey B. Reed.

Wood Circuit Court, Case No. 09-C-333

July 6
Nationwide Mutual Insurance Company v. Megan Ann and Richard Vanhorn
P.A. – Robert A. Flaugher; J – Beane
* The plaintiff, a Canton-Ohio-based business, is suing the defendants for subrogation of a claim it paid its policyholders, Roger and Barbara Bunner, following a collision with Megan on May 24, 2007. It is seeking judgment in the amount of the claim, $25,173.62, plus pre-judgment interest and costs.
Case number: 09-C-344

July 8
Curtis E. Blair Jr. and Joshua C. Blair v. Mark A. Lynch
P.A. – pro se; J – Beane
* The plaintiffs are suing the defendant for defamation and slander after Lynch falsely accused Curtis for being a convicted child abuser and wife beater, and Joshua for being a convicted child molester in a June 25 domestic violence protective order. They are seeking damages of $5,000.
Case number: 09-C-352

July 13
Sarah A. Breeden v. Biomat USA, Inc.
P.A. – George A. Lantz; J – not yet assigned
* The plaintiff is suing the defendant for injuries she sustained after falling at the defendant’s Parkersburg facility on Nov. 21, 2008. She is seeking unspecified damages, interest and costs.
Case number: 09-C-354

PARKERSBURG – A Parkersburg transportation company has hired a former Wood County prosecutor to pursue a civil suit against its former president, who is now working for its cross-town rival, for alleged theft of trade secrets and other confidential information.

Gatewood Transportation filed suit in Wood Circuit Court against Glenn Hanson, a Belpre, Ohio resident, who worked at Gatewood for 15 years. The suit names Mystic Hills, a competing transportation company located on 29th Street in Parkersburg, as a co-defendant.

Representing Gatewood is Ginny Conley, who served as the Wood County prosecuting attorney from 1997 to 2008. In its complaint, Gatewood alleges that Hanson essentially stole “sensitive and proprietary information” from them by revealing it to Mystic Hills when he went to work for Mystic Hills in violation of a non-compete agreement.

According to court records, Hanson, 52, started at Gatewood on May 5, 1993. Records are unclear if he always held the position, but when he left Gatewood on June 6, 2008, Hanson was the company’s president.

Nevertheless, the suit alleges that “[a]t the time of his departure, Hanson … had a significant role in development and maintenance of the transportation routes, pricing and cost estimates, sales efforts, computer and customer support.” Also, he “was a member of the Senior Management team at Gatewood and, as such, was generally aware of and privy to the most intimate details of Gatewood’s business operations.”

Records show Hanson signed an employment agreement with Gatewood on January 29 that the company uses “trade secret, confidential and proprietary information.” Pursuant to the agreement, Hanson was not to disclose this information, and had to return any documents in his possession to the company prior to his departure.

The employment agreement also contained a non-compete clause which prohibits him from doing any business with any of Gatewood’s competitors or customers within a 150-mile radius of Parkersburg for two years after he leaves Gatewood.

Records are unclear why Hanson left Gatewood, but he did sign an agreement not to pursue any legal action against them relating to his employment. The release, which, along with the employment agreement, is included as an exhibit, shows that upon his termination, Hanson was paid $16,000 of his $60,500 annual salary.

Records are also unclear as to when Hanson began working for Mystic Hills. However, Gatewood alleges that on March 17 it was contacted by one of its customers, Caterpillar, saying “it would no longer need their transportation services.”

Caterpillar became a Gatewood customer on Jan. 3, 2006, with Hanson assigned to handle the contract. Less than a week after they notified Gatewood they were ending their contract, Caterpillar informed them their new freight carrier was Mystic Hills with Hanson serving as its contact.

In their suit, Gatewood alleges “Mystic Hills took part in a scheme by which Hanson would attempt to avoid its contractual obligations to Gatewood under the Gatewood Employment Agreement.” Also, they allege that, in addition to Caterpillar, they “lost other current and prospective business opportunities” by Mystic Hills “specifically target[ing] Gatewood’s customers” through “use of its confidential and proprietary information” obtained by Hanson.

In its suit, Gatewood makes claims against Hanson and Mystic Hills for breach of a non-compete provision, tortious interference with a contract, misappropriation of trade secrets and civil conspiracy.

They are seeking unspecified damages, court costs, attorneys fees and pre- and post-judgment interest.

Also, Conley asked that Judge J.D. Beane, who was assigned the case, grant two preliminary and permanent injunctions. One was to protect any of Gatewood’s proprietary and confidential data from further disclosure, and another to declare the non-compete provision of Hanson’s employment contract as enforceable.

During a July 9 hearing on preliminary injunctions, Hanson’s attorney, Katherine Davitian, said he had yet to be served with notice of Gatewood’s suit. However, a representative from Mystic Hills, who is not identified in court records, acknowledged that constructive service had been made on the company.

Conley asked that her motion for the preliminary injunctions be set aside, and the court order expedited discovery to begin within the next two weeks. However, Beane denied her request, and said he would set a new hearing date on the preliminary injunctions after Hanson had an opportunity to see the suit, and file a reply.

Wood Circuit Court, Case No. 09-C-323

July 15
Michael B. and Angel N. Loftis v. Forest Hills, LLC, Paul J. Astorg, Mike Burdette Construction and Michael D. Burdette
PA- Cameron S. McKinney; J – NA
* The plaintiffs are suing the defendants for failing to disclose an unsafe and flawed foundation in a home on Old St. Marys Pike they bought on May 13. They are seeking unspecified damages, costs, fees and interest.
Case number: 09-C-357

July 20
Robin L. Sewell vs. McJunkin Corp. and Travelers Property and Casualty Co. of America
PA – pro se; J – not yet assigned
*The plaintiff, a resident of Quaker City, Ohio is suing the defendants for injuries he sustained while unloading a flatbed trailer at McJunkin’s yard in Nitro while working as a driver for the Parkersburg-based Ryder. He is seeking $393,000 in damages.
Case number: 09-C-366

Trena Moyer vs. J.C. Penny Corp., Inc.
PA – Walt Auvil; J – not yet assigned
*The plaintiff is suing the defendant for wrongful termination following her release from the company on April 9 after four years of employment. She is seeking $8,190 in damages, $24,510 in penalties plus court costs and attorney fees.
Case number: 09-C-368

July 24
Jeff Sandy vs. Wood County Deputy Sheriff Civil Service Commission
PA – Andrew C. Woofter III; J – Waters
* The plaintiff, the Wood County sheriff, is seeking declaratory relief from the court to settle a question of law relating to a pending appeal from the commission’s decision to terminate an unnamed deputy sheriff.
Case number: 09-C-371

July 27
Community Bank of Parkersburg vs. Gregory A. Hill
PA – Andrew C. Woofter III; J – Reed
* The plaintiff is suing the defendant for defaulting on a $25, 383.65 promissory note given to the defendant on April 19, 2007. They are seeking judgment in the outstanding portion of the note, $23,266.44, plus pre- and post-judgment interest.
Case number: 09-C-376

July 28
Select Medical Corp. d/b/a Select Specialty Hospital-Columbus vs. Jeff McCoy
PA – Stephen R. Kleinman; J – Waters
* The plaintiff, an Ohio business, is suing the defendant for failing to pay for treatment rendered from Dec. 26 to Feb. 10. They are seeking judgment in the amount of $191,832.01 plus court costs and attorney fees.
Case number: 09-C-377

Hope Gas, Inc. d/b/a Dominion Hope vs. Morlan Enterprises
PA – David Grunau and John Lee DePolo; J – Beane
* The plaintiff is suing the defendant for damages to a gas main caused by installation of light pole by the defendant. They are seeking $3,388.76 in compensatory damages, $25,000 in punitive damages plus attorney fees.
Case number: 09-C-378

July 29
First Federal Savings Bank vs. James E. Smith
PA – David G. Palmer; J – Beane
* The plaintiff is suing the defendant for defaulting on four loans given to the defendant between Nov. 28, 2005 and July 6, 2007. They are seeking judgment in the outstanding balance of the loans, $27,042.46, plus interest, court costs and attorney fees.
Case number: 09-C-379

Barbara Bowser v. Mountain State Blue Cross/Blue Shield, Inc.
PA – Richard A. Hayhurst; J – Reed
* The plaintiff is suing the defendant for injuries she sustained on the job after falling on a ramp between the stairs and lunchroom on July 30, 2007. She is seeking unspecified damages.
Case number: 09-C-380

Debra Ann Pryor v. Laborers’ Local 1085 and Rick Drain
PA – Walt Auvil; J – Waters
* The plaintiff, an Ohio resident, is suing the defendants for wrongful termination on Jan 16. As a consequence of her refusal to participate in political campaigning, and to cover for Drain’s misappropriation of union funds. She is seeking unspecified damages, court costs and attorney fees.
Case number: 09-C-381

PARKERSBURG – An Ohio woman is alleging she was let go from her job as office manager of a Wood County union local for refusing to practice politics both inside and outside the office.

Laborers’ Local 1085 is named in a three-count civil rights suit in Wood Circuit Court by Debra Ann Pryor. In her complaint filed on July 29, Pryor alleges she was fired as the local’s office manager for refusing to look the other way on alleged misappropriation of union funds committed by her boss, Rick Drain, who is named as a co-defendant in the suit, and participating in get-out-the-vote drives for then-Democratic presidential candidate Barack Obama.

According to court records, Pryor, a resident of Washington County, Ohio, was hired as the local’s office manager in January 2005. Representing construction, and public service workers, Local 1085 has its office on Dudley Avenue in Parkersburg, and is part of the Laborers International Union of North America.

Local 1085, along with other trade and craft unions, is part of the West Virginia State Building and Construction Trades Council, an affiliate of the AFL-CIO’s building and construction trades department.

Records show, Drain, who also lives in Washington County, was elected at the local’s business agent in June 2007. Among other things, he served as Pryor’s supervisor.

In her suit, Pryor alleges that on multiple occasions from the time Drain was elected, she “raised with Drain the fact that she was paid less then the regular Union scale rate to which she should have been entitled as an employee of the Local.” Drain informed her that since ” ‘no secretary has ever been paid full scale,’” she was being paid the minimum hourly union scale rate.

On Jan. 15, Drain informed Pryor that even at the minimum hourly rate she was making too much money. Because the union was “broke,” she was being “laid-off” as a “cost cutting measure.”

However, Pryor maintains that the stated reason for her dismissal was “false and a pretext.”

Pryor’s suit alleges that the reason for the union being in financial dire straits is in part due to Drain misappropriating funds since becoming business agent. Without specifying times and amounts, Pryor avers that she has “refused to cooperate in [Drain's] misappropriation of Local Union funds for personal use” even when he has “angrily demanded” she “misreport and cover up his misuse” of funds.

Also, Pryor maintains Drain became angry when she would not support union efforts to win support for Obama in West Virginia during the 2008 general election. She not only refused to assist in placing Obama yard signs around Wood County, but also make contributions to the Obama/Biden campaign fund.

Though her reasons for refusing to cooperate aren’t exactly clear, religion seems to be a factor. Aware that Pryor has professed to being a Christian, and that her husband is a former minister in Marietta, Drain told Pryor ” ‘I hope all of you Christians go to hell’” and ” ‘I hate all you damn Christians and I hope you all go to hell.’”

In refusing to pay her at the full union scale, and discharging her because of religious beliefs, Pryor alleges Local 1085 has engaged in gender, and religious discrimination. The loss of her job has caused her mental, and emotional stress, and, as compensation, she is asking to be awarded unspecified damages along with lost wages, court costs and attorney fees.

She is also asking that she be reinstated as office manager.

Pryor is represented by Walt Auvil with the Parkersburg law firm of Rusen and Auvil.

The case is assigned to Judge Robert A. Waters.

Wood Circuit Court case number 09-C-381

July 31
Eldon J. Haught v. Quest Eastern Resource LLC
PA – Richard Hayhurst; J – Waters
* The plaintiff is the suing the defendant for failing to pay oil and gas royalties as the successor corporation of Petroedge Resources. He is seeking judgment in the amount of $6,390 plus interest and court costs.
Case number: 09-C-384

Aug. 3
Kinderdance International Inc. vs. Kelly Purkey f/d/b/a Kinderdance International
PA – Paul S. Atkins; J – Waters
* The plaintiff, an Arizona business, is suing he defendant for unpaid fourth quarter 2007 royalties on a franchise agreement. They are seeking judgment in the amount of $22,250 plus interest and court costs.
Case number: 09-C-387

Aug. 14
Angela and Aaron Stewart vs. Terminix International
PA – Norman L. Folwell; J – Waters
* The plaintiffs, residents of Vienna, are suing the defendant, a Memphis, Tenn.-based business, for failing to completely rid their home of wood destroying insects on Oct .12, 2006. Along with $11,849 in compensatory damages, they are seeking unspecified punitive damages, court costs and attorney fees.
Case number: 09-C-403

Aug. 18
Candy Summers vs. Kmart Corp., Sears Holdings Corp. and Joe Sherrard and Roger McClosky, individually and as agents of Kmart Corp.
PA – C. Edward McDonough and Joe Munoz; J – Beane
* The plaintiff is suing the defendants for unlawfully detaining and firing her on Jan. 3 after she was accused of internal theft which proved to be untrue. She is seeking unspecified damages, attorney fees and court costs.
Case number: 09-C-406

Kimberly S. Carroll, James C. Brown, Carrie Shook, Ginger R. Riggins, Amanda R. Malone and Cordia S. Little vs. Premier Salons Beauty Inc., Premier Salons Inc., Premier Salons International Inc., all Delaware Corps., Regis Corp., a Minnesota Corp., and Cindy Walton
PA – Walt Auvil and Robert Bastress; J – Reed
* The plaintiffs are suing the defendants for wrongful termination on March 11 for refusing to sign new policy and procedures implemented by Premier following its acquisition of the Regis salon at the Grand Central Mall in Vienna. The defendants make a claim against Regis only for failing to pay them within the statutory 72 hours following their termination. They are seeking unspecified damages, including reinstatement to their jobs, court costs and attorney fees.
Case number: 09-C-407

Aug. 19
Wood County Community Federal Credit Union vs. Shawn M. Riser
PA – Robert K. Teabay III; J – Beane
* The plaintiff is suing the defendant for defaulting on a $35,245.67 loan given to the defendant on July 15, 2008 to purchase a 2008 Toyota Tundra. They are seeking judgment in the amount of $10,000.82, the outstanding balance of the loan after the car was repossessed and sold on June 30, plus interest.
Case number: 09-C-408

Richard A. Hayhurst vs. Peoples Cartage Inc., an Ohio Corp., and Central Van and Storage of Charleston Inc.
PA – pro se; J – Reed
* The plaintiff is suing the defendants for release him from a monthly storage contract, and for losing a cherry dining room suite belonging to his late mother. He is seeking $6,625 in damages plus court costs and interest.
Case number: 09-C-412

Jeanne E. Slawter vs. Signature Hospital LLC d/b/a St. Joseph’s Healthcare System LP and Michelle Gillespie
PA – Walt Auvil; J – Waters
* The plaintiff is suing the defendants for wrongful termination on Feb. 20 after she was accused of working for another hospital while on medical leave. She is seeking unspecified damages including reinstatement.
Case number: 09-C-413

Aug. 21
Susanne Luke vs. Old Colony Realtors and Gail Gains, Joseph Dilly, Jamie Dilly, Sandra Graham and Sam Matheny
PA – William D. Summers; J – not yet assigned
* The plaintiff is suing the defendants for destruction and conversion of personal belongings following her eviction on Feb. 26 from the home she leased from the defendants on Rector Road in Parkersburg. She is seeking $250,000 in damages plus court costs, attorney fees and interest.
Case number: 09-C-416

Rick Leon Hite vs. C.M. Snodgrass and J.S. Pauley, individually and as members of the West Virginia State Police, and the West Virginia State Police
PA – Joseph W. McFarland Jr.; J – not yet assigned
* The plaintiff is suing the defendants for false arrest and malicious prosecution after criminal charges stemming from a dispute he had with a neighbor on Aug. 25, 2008 were dropped. He is seeking unspecified damages.
Case number: 09-C-417

Aug. 31
Michele Colteryan and Margaret Jones vs. Sun Healthcare Group Inc., Sunbridge Care Enterprises Inc., Sunhealth Specialty Services Inc., Sunbridge Care Enterprises Inc. d/b/a Parkersburg Care and Rehabilitation Center, Kathy Gessler and Gregory Stephens
PA – Katharine L. Davitan; J – Beane
* The plaintiffs are suing the defendants for creating a hostile working environment by not taking timely disciplinary action against Stephens who sent them sexually explicit text message which compelled them to resign on June 1. They are seeking unspecified damages, court costs and attorney fees.
Case number: 09-C-419

Jeff Corra vs. American Modern Home Insurance Company
PA- Jeffrey V. Mehalic; J – Waters
* The plaintiff is suing the defendant for failing to pay for his legal defense when he was sued in 2006 by the families of three minors who accused Corra of serving them alcohol that later led to their deaths or injuries in a subsequent car accident. He is seeking unspecified damages, court costs, attorney fees and pre- and post-judgment interest.
Case number: 09-C-425

Jeff Corra vs. George Cosenza
PA – Jeffrey V. Mehalic; J – Beane
* The plaintiff is suing the defendant, a Parkersburg attorney, for failing to provide him adequate legal representation when he criminally charged in 2006 and 2007 for providing alcohol to minors. Earlier this year, the state Supreme Court overturned his 2007 conviction. He is seeking unspecified damages, court costs, attorney fees and pre- and post-judgment interest.
Case number: 09-C-426

Kenneth Arnold, executor of the estate of Roger C. Arnold, vs. Carr Concrete Corp. and Lesco Equipment Services Inc.
PA – S. Douglas Adkins; J – Beane
* The plaintiff is suing the defendants for the wrongful death of Roger, who died on Sept. 20, 2008 after being pinned under an air wench system and platform while working near Williamstown. He is seeking unspecified damages.
Case number: 09-C-429

Sept. 1
James Michael and Gina Anderson vs. Paul G. Modie Jr., M.D. and Parkersburg Medical Associates
PA – William O. Merriman; J – Waters
* The plaintiffs are suing the defendants for injuries James sustained after Modie performed an open and bile duct exploration on May 25, 2007 that led to additional problems. Gina makes a claim for loss of consortium. They are seeking unspecified damages, court costs and attorney fees.
Case number: 09-C-431

Sept. 2
Laura W. Cain vs. REM Community Options LLC, National Mentor Services LLC and The Mentor Network
PA – Walt Auvil; J – Beane
* The plaintiff is suing the defendants for wrongful termination when the defendants sent her a letter dated Dec. 23 considering her refusal to return to work as a voluntary resignation despite their knowledge she was on medical leave. She is seeking unspecified damages.
Case number: 09-C-434

Sept. 3
Madge E. Davis, executrix of the estate of Robert Davis, vs. Camden-Clark Memorial Hospital Corp.
PA – Richard D. Lindsay; J – Waters
* The plaintiff is suing the defendant for failing to monitor Robert’s feeding tubes on Oct. 31, 2007 when he vomited liquid into one causing him to aspirated, and go into respiratory arrest which led to his subsequent death on Nov. 22, 2007. She is seeking unspecified damages.
Case number: 09-C-435

BB&T vs. Walter A. Pavlo Sr.
PA – J. Breckenridge Martin; J – Reed
* The plaintiff is suing the defendant for failing to honor his agreement to repay a $200,000 loan given to Valley Steel Company on Sept. 15, 2000. They are seeking judgment for $288,811.65 – $199,919.34 in principal and $88,892.31 in accrued interest – plus court costs, attorney fees and post-judgment interest.
Case number: 09-C-438

Sept. 4
Huntington National Bank vs. Robert D. and Melissa Cross
PA – Robert L. Bandy; J – not yet assigned
* The plaintiff is suing the defendants for defaulting on a credit line of $27,800 given to them on Nov. 16, 2000. They are seeking judgment for $29,609.66, the outstanding balance plus interest and court costs.
Case number: 09-C-439

Sept. 17
Alva J. Watson vs. Parkersburg Medical Associates
PA – Steven R. Bratke; J – not yet assigned
* The plaintiff is suing the defendant for breach of contract after the defendant prematurely voided a lease they signed on Oct. 26, 2006 — which gave the plaintiff the option to buy the property — and set to expire on Oct. 31, 2009. She is seeking judgment for $108,605.13 plus court costs and interest.
Case number: 09-C-463

Sept. 18
Charles J. Davis vs. Verizon of West Virginia Inc.
PA – Bruce White; J – Reed
* The plaintiff is suing the defendant for injuries he sustained on June 19, 2008 after tripping and falling as a result of a hole created by removal of a utility pole on the corner of 17th and Lynn streets. He is seeking unspecified damages, court costs, attorney fees and interest.
Case number: 09-C-467

Sept. 21
Jacob J. Sims vs. Larry Simmons Inc.
PA – Bruce White; J – Reed
* The plaintiff is suing the defendant for injuries he received on May 26 after the steering wheel of his 2009 Volkswagen Jetta locked causing the car to exit the roadway at the intersection of Society Hill Road and W. Va. 14, and roll into a creek. The accident occurred after Simmons performed work on the ignition switch, and approved it for inspection. He is seeking unspecified damages, court costs attorney fees and interest.
Case number: 09-C-470

Sept. 22
Dianna L. Ritchey vs. Go-Mart Inc.
PA – Jay W. Gerber; J – Beane
* The plaintiff is suing the defendant for injuries she sustained on April 24 after falling on a wet bathroom at the defendant’s location on St. Mary’s Avenue in Parkersburg. She is seeking unspecified damages, court costs, attorney fees and interest.
Case number: 09-C-475

Dale P. King vs. Municipal Mutual Insurance Company of West Virginia
PA – John N. Ellem; J – Reed
* The plaintiff, a Vienna resident, is suing the defendant for breach of contract in failing to pay a claim of $10,067.95 for water damage his home sustained on Nov. 14. He is seeking unspecified damages, including payment of the claim, plus attorney fees and interest.
Case number: 09-C-476

Charlotte Hardman vs. West Virginia Sheet Metal Workers Joint Apprenticeship Training Fund and Scott A. Newell
PA – Walt Auvil; J – Waters
* The plaintiff, a resident of Marietta, Ohio, is suing the defendants for age discrimination after they forced her into retirement and hired someone to replace her to work part-time, and was under the age of 40. She is seeking unspecified damages, including reinstatement of her job, court costs and attorney fees.
Case number: 09-C-477

Sept. 23
Norman Ratliff vs. BV Aquarium, Det. G.D. Nayle, Officer J.D. Hinzman, the City of Parkersburg and the 13th and 36th Street carryouts
PA – pro se; J – Beane
* The plaintiff is suing the defendants for malicious prosecution after he was arrested on Sept. 17, 2008, on charges of obtaining goods by false pretenses stemming from checks he wrote to BV Aquarium and the carryouts between Feb. 11, 2006, and March 24, 2006. The charges were dismissed in Wood Magistrate Court on Nov. 7, 2008. He is seeking unspecified damages.
Case number: 09-C-478

Sept. 24
James R. Snider vs. Sabic Innovative Plastics U.S. LLC d/b/a Sabic Innovative Plastics Holdings U.S. LP
PA – Walt Auvil; J – Waters
* The plaintiff is suing the defendant for failing to pay him for 120 hours of unused vacation following his termination from the company on March 23. He is seeking judgment in the amount of $17,404 – $4,351 for the actual time, and three times the amount in civil penalties for Sabic’s failure to render payment within 72 hours of Snider’s termination – plus court costs and attorney fees.
Case number: 09-C-480

Connie S. Boyd vs. Mountain Heritage Federal Credit Union, Kimberly J. Dellinger and John W. Baker
PA – Walt Auvil; J – Beane
* The plaintiff is suing the defendants for age discrimination after they forced her into retirement on Jan. 23, and replaced her with someone younger. She is seeking unspecified damages, including reinstatement, plus court costs and attorney fees.
Case number: 09-C-481