Jan. 18
Arbors@Marietta vs. Judith Cross and Barbara Lowther
PA – Steven M. Recht; J – Beane
* The plaintiff, a business based in Milwaukee, Wisc., is suing the defendants, residents of Vienna, for breach of contract in failing to make timely payments on a residence the plaintiff owns at 73 Harvey Street in Vienna. It seeks judgment in the amount of $16,420.04 plus interest.
Case number: 11-C-25

PARKERSBURG -– Along with payment of a cash settlement, the Wood County Board of Education has resolved a lawsuit with a special education teacher by agreeing to better train school administrators about handicap students.

The Board on Oct. 25 formally settled a three-count discrimination suit brought against it, and Brett Ubbens, principal at Greenmont Elementary in Vienna, by Nancy Thomas. In her suit filed in March 2009, Thomas alleged Ubbens during the 2007-08 school year, among other things, made callous comments about her work as a special education teacher, engaged in “inappropriate violent physical restraints” of students with behavioral disorders and did not permit her to have a planning period.

During that school year, Thomas worked half days at Greenmont, and Waverly Elementary School. In her suit, Thomas made claims against the Board, and Ubbens for not only age discrimination, but also two counts of handicap discrimination, one for perception of handicap and the other for associational discrimination.

In settling the suit, the Board agreed to pay Thomas $175,000. According to the state Board of Risk and Insurance Management, the Board’s insurer, Thomas kept $112,349.80, and the remainder went to her attorney Walt Auvil.

Also, the Board agreed to have school administrators from school vice-principals up to the superintendant take additional special education training. The terms of the settlement stipulate administrators undergo a one-time sensitivity training session performed by an outside agency on the rights of special education students and their parents, and annual training conducted by the Board’s director of special education on special education policies and procedures.

Furthermore, the Board agreed to prepare a flier informing parents about the “Citizens’ Grievance and the Parent Resource Center” that is “to be sent home in the backpacks of all students in Wood County Schools.” A copy of the flier, and the training materials are to be provided to Auvil.

According to BRIM, $96,692.16 was paid in legal expenses to defend the Board and Ubbens with the bulk, $81,012.55, going the Charleston law firm of Schuman, McCuskey and Slicer. Lou Ann Cyrus and Kimberly Bandy where listed in court records as the Board’s attorneys.

Records show the Board’s out-of-pocket expense in the suit was a $2,500 deductible.

Six months after filing her suit, Thomas, 67, ended her employment with Wood County Schools after 11 years of service. Records provided by the Board show she earned $34,454.64 her first year as a teacher, and was paid $4,930.20 her last nine months on the job.

Also, records show Ubbens, 37, started work as Greenmont’s principal on July 17, 2007, earning a salary of $54,225. He currently earns $62,863.16.

Wood Circuit Court case number 09-C-153

Jan. 27
Teresita De Josef, M.D. and Aniano De Josef, M.D., by his attorney-in-fact Teresita De Josef vs. Highmark Blue Cross Blue Shield West Virginia, an independent licensee of the Blue Cross Blue Shield Association f/k/a Mountain State Blue Cross Blue Shield
PA – George J. Cosenza; J – Waters
* The plaintiff, a Marietta, Ohio resident, is suing the defendant, a Parkersburg-based insurance company, for breach of contract in failing to pay on the majority of claims she submitted after her husband, Aniano, was hospitalized with a brain injury on Sept. 13, 2006. She seeks unspecified damages, interest, attorney fees and court costs.
Case number: 11-C-37

PARKERSBURG — An Ohio doctor is suing a West Virginia insurance company for its failure to pay medical bills her husband, who is also a doctor, incurred as a result of his ongoing hospitalization.

Dr. Teresita De Josef filed a breach of contract suit in Wood Circuit Court against Highmark Blue Cross Blue Shield of West Virginia. In her complaint filed Jan. 27, De Josef, 71, of Devola, Ohio, alleges Highmark last year refused to pay the bulk of medical expenses Dr. Aniano De Josef, 68, has accumulated since 2006 following his near-fatal brain injury.

Aniano is named as a co-plaintiff in the suit with Teresita serving as his power-of-attorney.

According to the suit, Teresita purchased a group insurance policy from Highmark that included Aniano as a member. The suit does not state when this occurred.

Formerly known as Mountain State Blue Cross Blue Shield, Highmark of West Virginia is based in Parkersburg. In 2004, it began a permanent affiliation with the Pittsburgh, Pa.-based Highmark, Inc., an independent licensee of the Blue Cross Blue Shield Association, and changed its name in January to reflect it.

Highmark of West Virginia’s coverage area is all of West Virginia, and Washington County, Ohio.

On Sept. 13, 2006, Aniano “suffered a severe hypoxic brain injury during which he almost lost his life.” A hypoxic brain injury is triggered by a lack of oxygen going to the brain.

Upon learning of Aniano’s condition, Teresita had him admitted to Marietta Memorial Hospital where he “has been a patient … since that time.” In the suit, Teresita avers that in the last 4 ½ years Anianos’s medical bills and expenses have exceeded $1 million.

On an unspecified date, Teresita submitted the bills to Highmark for payment. She alleges while they’ve paid some of them, Highmark on Aug. 31, issued a decision denying coverage for a “significant portion” of the bills.

The suit does not state the total of the remaining expenses.

Regardless, Teresita maintains since she purchased the policy, all premiums have been paid, and she has complied with all the terms and conditions. She says should Highmark’s decision to refuse payment of the remaining bills stand it will place a heavy burden on her financially, and possibly force her into filing bankruptcy.

Prior to his injury, Aniano worked as a pathologist at MMH. Currently, Teresita, a general practitioner with a specialty in internal medicine, has a solo practice in St. Marys.

The De Josefs seek unspecified damages, interest, attorney fees and court costs. They are represented by Parkersburg attorney George J. Cosenza

The case is assigned to Judge Robert A. Waters.

Wood Circuit Court, case number 11-C-37

PARKERSBURG – Aside from one for wrongful death, David Wyatt Jeffery is defending himself in a sexual harassment suit scheduled for trial this summer.

Last month, Jeffery was named as a co-defendant in a suit filed by Terry Barnes alleging his wife, Debora, died in January 2010, when Jeffery accidently struck her with his car while she was walking from Parkersburg South High School’s parking lot across Beverly Street to South Parkersburg Baptist Church for a Christmas play the month before. The Wood County Board of Education, and SPBC are named as co-defendants in the suit for failing to provide a walkway across the street.

Last March, Jeffery was named as a co-defendant in an unrelated suit filed by Nikki Secoy. In her suit, Secoy alleged sometime between late 2008 and early 2010, Jeffery, while employed as a counselor for the Wood County Community Corrections Day Report Center forced her to have “inappropriate and illegal sexual relations” with him.

According to court records, Secoy was placed into the county’s drug court program on Sept. 5, 2008, after pleading guilty to two counts of forgery and uttering. Though no action was initially taken against him after she reported their encounter to the Center’s staff, Secoy alleges Jeffery was eventually terminated “for this inappropriate sexual conduct.”

According to the Wood County Commission, which operates the Center, and is named as a co-defendant in Secoy’s suit, Jeffery’s last day of employment was Jan. 15, 2010, five days before Barnes’ death.

In June, Jeffery via his attorney Wendy Greve filed an answer to Secoy’s suit denying her allegations of any type of sexual encounter. In addition to asserting a defense of qualified immunity, Jeffrey maintained that any injuries, physical or emotional, Secoy suffered while in the drug court program were a result of “misconduct or acts by others of which he has no control.”

Though Jeffery has not been charged with any crime related to Secoy’s allegations, her attorney Paul Stroebel on Jan. 20 submitted his witness list that included Wood County Prosecuting Attorney Jason Wharton and “all individuals involved in the investigation.” Greve on Feb. 1 submitted her witness list that only named Dr. David Clayman, a clinical psychologist in Charleston.

Greve stated that she reserved the right to supplement the list at a later date.

Judge J.D. Beane on Aug. 23 scheduled the suit for trial on July 12 preceded by a mediation session, and pre-trial conference on June 27.

Wood Circuit Court case number 10-C-92

This side street in Parkersburg is where Debora Barnes was struck by a car in Dec. 2009 while walking from Parkersburg South High School’s parking lot, in background on the left, to South Parkersburg Baptist Church, on the right, for a Christmas play, and died a month later as a result of her injuries. Barnes’ husband, Terry, has filed a wrongful death suit against not only the driver, David Wyatt Jeffery, but also the Wood County Board of Education, and SPBC for not maintaining a walkway between the school, and the church. (Photo by Lawrence Smith)

PARKERSBURG – A Parkersburg man alleges the county school board, and a South Parkersburg church are partially responsible for his wife’s death.

The Wood County Board of Education, and South Parkersburg Baptist Church are named as co-defendants in a wrongful death lawsuit filed by Terry Barnes in Wood Circuit Court. In his complaint filed Feb. 14, Barnes, 51, as the administrator of the estate of his wife, Debora S. Barnes, alleges the Board, and SPBC were negligent in not creating a walkway between SPBC and nearby Parkersburg South High School to prevent her from being struck, and killed by a motorist 15 months ago.

According to the suit, Debora was attending the Martin Elementary School Christmas play held at SPBC on Dec. 8, 2009. Barnes parked her car across Beverly Street in PSHS’ lot.

At an unspecified time while crossing the street, Barnes was struck by a 2003 Oldsmobile Aurora driven by David Wyatt Jeffery. She was transported by ambulance to St. Joseph’s Hospital where she later died on Jan. 20. She was 52.

According to her death certificate, Debora died as a result of respiratory arrest from multiple injuries sustained from being struck by a vehicle at low speed. Wood County Coroner Michael St. Clair ruled her death an accident.

Terry became administrator of the estate on Jan. 28 after posting a $350 bond.

In the suit, Terry says Jeffery, 58, of Mineral Wells, who is named as a co-defendant, is largely to blame for Debora’s death when he “negligently, carelessly and recklessly” struck Debora. However, the Board and SPBC also are also to blame as neither “provided assistance of any kind to facilitate safe passage…across Beverly Street” including a crosswalk, “stop signs, traffic lights or other traffic controls.”

As a result of the accident, and Debora’s subsequent hospitalization, Terry alleges he endured “physical pain and suffering, mental anguish, and emotional distress.” Following her death, Barnes alleges he incurred “sorrow [and] mental anguish” due to the loss of Debora’s “society, companionship, comfort, guidance, kindly offices and advice.”

Barnes seeks unspecified damages, court costs and attorney fees. He is represented by Sarah A. Stewart with the Charleston law firm of Johnstone and Gabhart.

The case is assigned to Judge Jeffrey B. Reed.

Wood Circuit Court case number 11-C-63

Feb. 10
Harold Jackson vs. James Bradley Jr.
PA – Jay W. Gerber Jr.; J – Reed
* The plaintiff is suing the defendant, a Parkersburg attorney, for legal malpractice when Bradley failed to respond to a motion dismissing Jackson’s appeal of a $1,500 sales tax bill in 2001. Though the appeal was dismissed in 2005, Jackson did not find out about it until 2009 when he received a $33,000 bill from the state Tax Department for the original amount plus interest and penalties. He seeks unspecified damages, including recovery of money he paid to the Tax Department, interest, attorney fees and court costs.
Case number: 11-C-56

Feb. 14
Terrry Barnes, administrator of the estate of Debora S. Barnes, deceased vs. Wood County Board of Education, South Parkersburg Baptist Church and David Wyatt Jeffery
PA – Sarah A. Stewart; J – Reed
* The plaintiff, a Parkersburg resident, is suing the defendants for the wrongful death of his wife, when she was struck on Beverly Street by a car driven by Jeffery on Dec. 8, 2009, while walking from Parkersburg South High School’s parking lot to South Parkersburg Baptist Church for a Christmas play. He seeks unspecified damages, court costs and attorney fees.
Case number: 11-C-63

PARKERSBURG -– A Wood County attorney is once again a defendant in a legal malpractice suit.

James Bradley Jr. is named in a two-count legal malpractice and breach of contract suit filed by Harold Jackson in Wood Circuit Court. In his complaint filed Feb. 10, Jackson alleges Bradley’s inaction in an 2001 appeal he filed challenging a $1,500 sales tax bill from the state Tax Department against his trucking business ultimately resulted in him paying $33,000 to settle the disputed bill.

Jackson’s suit is the second legal malpractice suit filed against Bradley in the last three years by a small business owner. In 2009, the owners of a now demolished convenience store on U.S. 50 alleged Bradley’s inaction in a 2005 legal malpractice suit they filed against a Ritchie County attorney resulted in an $81,000 judgment issued against them in 2007.

Four years and $30,000

In his suit, Jackson says in 2000 the Tax Department issued a finding that his trucking company, Deem Trucking and Excavation, failed to pay $1,500 in sales taxes. The suit is unclear if Jackson still owns the company.

Nevertheless, he hired Bradley to appeal the Tax Department’s finding to Wood Circuit Court. According the suit, the appeal was filed on Aug. 27, 2001.

Six months later, the Tax Department filed a motion to dismiss the appeal on the grounds an appeal bond was not posted, and it was filed past the statute of limitations. Neither the cost of the bond, nor the statute of limitations is stated in the complaint.

Eventually, Judge Robert A. Waters dismissed the case, but on the grounds it was inactive for more than a year. In the fours years since the Tax Department filed its motion, and Waters’ dismissal, Bradley “failed to do anything whatsoever to prosecute this petition.”

However, Jackson alleges he did not learn of Waters’ dismissal for another four years. It was then on an unspecified date in 2009, the Tax Department sent him a bill for $33,000, the original 2000 assessment plus interest and penalties.

According to the suit, Jackson hired Richard Hudson, an attorney with Bowles, Rice, McDavid, Graff and Love, in January 2010 to make sure the assessment wasn’t erroneous. He paid him $1,500.

In a letter dated Oct. 11, Hudson informed Jackson the assessment was correct, and by May 1, 2009, had grown to $34,767.48. Also, he said Jackson had no recourse to challenge it due to the dismissal of his appeal in 2005.

On an unspecified date, Jackson paid the Tax Department $29,986.02 to settle the original $1,500 debt.

In his suit, Jackson claims had Bradley used the “knowledge, skill and ability ordinarily possessed and exercised by members of the legal profession in similar circumstances” he would’ve paid over $30,000 in sales taxes on a business “where no goods were sold.” As a result of Bradley’s malpractice, Jackson alleges he’s incurred “stress, hardship, loss of enjoyment of life, [and] negligent infliction of emotional distress.”

Jackson seeks unspecified damages, including recovery of the $1,500 he paid to Hudson, and the $29,986.02 to the Tax Department, interest, attorney fees and court costs. He is represented by Parkersburg attorney Jay W. Gerber Jr.

The case is assigned to Judge Jeffrey B. Reed.

More legal malpractice

A tax dispute is at the center of the other legal malpractice suit in which Bradley is involved. In 2005, Bradley, filed a legal malpractice suit on behalf of James and Frances Arthur, the former owners of Arties Exxon, against Rodney Windom, a Harrisville attorney, for erroneous advice he and Edward R. Coakley, a Pennsboro certified public accountant, gave the Arthurs about replacing their property taken in a 2000 condemnation proceeding to make improvements to the Interstate 77 interchange.

The Arthurs allege Windom and Coakley informed them so long as their property was replaced they would not have to pay any recognizable tax on the gain they received from DOH for three years after conclusion of the condemnation proceeding. However, they received a call from Windom on Dec. 23, 2003, saying he and Coakley were mistaken about the timetable.

The three-year period started at the beginning of the proceeding, and they had eight days to replace their property or risk paying a substantial tax.

In addition to an answer and counterclaim, Windom filed a motion to exclude an expert witness and summary judgment in 2006 after Bradley failed to respond to his discovery requests. In February 2007, Waters granted Windom’s motion, and ordered them to pay Windom $61,108.33 in fees and $20,094.37 in interest.

The Arthurs filed suit against Bradley in 2009 a year after the state Supreme Court declined to hear their appeal of Waters’ ruling. Their suit also names Bradley’s current firm, the Bradley Law Office PLLC, and the firm he shared with now-suspended Parkersburg attorney Joseph P. Albright Jr. until 2007, Bradley and Albright PLLC, as co-defendants.

Since then, Bradley filed his answer to the Arthurs’ suit denying their allegations except where Windom filed his motion for summary judgment, Waters held a hearing on it and made a ruling favorable to Windom. In his answer dated March 2, 2009, Bradley asserted a defense that the Arthurs, and not he, are to blame for the adverse ruling.

Records show the case has been dormant for over a year. The last filing in the case was on Feb. 5, 2009, on a motion for sanctions filed by the Arthurs’ attorney Bruce Freeman.

Prior to the motion for sanctions, Freeman on July 1, 2009, made a motion for summary judgment. Though a hearing was scheduled for Sept. 4, records show Waters, who is assigned the case, has yet to rule on it.

Also, he has yet to set a trial date.

Wood Circuit Court case numbers 11-C-56 (Jackson) and 09-C-10 (Arthur)

PARKERSBURG – A Wood County woman is suing her son for siphoning assets from her deceased husband’s estate.

Mary M. Flint filed suit against Douglas G. Flint in Wood Circuit Court. In her complaint filed March 11, Mary Flint, 80, of Parkersburg, alleges Douglas G. Flint, 49, also of Parkersburg, conveyed to himself property from the estate of his father, Glen M. Flint, meant for her.

According to her suit, Glen died on May 14, 2003. In his 1996 will, Glen named Mary as the executrix of his estate, and, following the payment of all debts, and expenses, left everything to her.

Also, he said should Mary predecease him or is either unable or unwilling to serve as executrix, then Douglas, and his other son, Daniel, would serve as co-executors with the stipulation that if one of them is not living or unwilling to serve, then the other could serve individually as executor.

Despite the provisions in Glen’s will, Mary states that Douglas was able to qualify himself as the estate’s executor. After that, he then, after filing an estate appraisal with the Wood County Clerk’s Office, “converted property…to himself, rather then distribute the same” to Mary.

An exhibit attached to the suit shows the Wood Commission appointed Douglas as the estate’s executor on March 24, 2003, listing Glen’s death 10 days before. However, on the appraisement form he filed with the Clerk’s office three months later, Douglas listed Glen’s death on May 14, 2003, from natural causes.

Nevertheless, in the appraisement, Douglas lists Mary as the estate’s sole beneficiary. Also, he valued all personal property in the estate, including two checking accounts, and household items, at $66,592.15 with three parcels of real estate in both Glen and Mary’s names at $330,000.

It is the real estate that Mary in her suit alleges Douglas “conveyed, or caused to be conveyed, to himself, through fraud.” Specifically, she alleges the properties were used as rentals, and Douglas has kept the income gained from them.

Mary alleges despite her repeated requests, Douglas has “refused to give a proper accounting for his actions.”

Along with unspecified damages, interest attorney fees and court costs, Mary asks that Douglas be ordered to give a proper accounting of the estate’s assets. She is represented by Parkersburg attorney George J. Cosenza.

The case is assigned to Judge J.D. Beane.

Wood Circuit Court case number 11-C-93

Feb. 22
Rhonda L. Thomas vs. E.I. DuPont deNemours, Julie Johnson and David Doering
PA – Walt Auvil; J – Waters
* The plaintiff is suing the defendants for wrongful termination after she was fired from the DuPont plant in Washington on Aug. 15 after seeking medical treatment for job-related and personal injuries. She seeks unspecified damages, court costs and attorney fees.
Case number: 11-C-73

March 11
Mary M. Flint vs. Douglas G. Flint
PA – George J. Cosenza; J – Beane
* The plaintiff, a resident of Parkersburg, is suing the defendant, also a resident of Parkersburg, and her son, for improperly converting property given to her by her husband, Glen Flint, following his death on May 14, 2003. She seeks unspecified damages, including an accounting of the estate’s assets belonging to her, interest, attorney fees and court costs.
Case number: 11-C-93

March 16
Carole S. Caplinger, Carol S. Dearman, Earlene Workman, Mark Workman, Beverly J. Flanagan, Mary Kathleen Moore, Ed Rardin, Shannon M. Nelson and K.C. Stalnaker, individually, and on behalf of other similarly situated individuals vs. St. Joseph’s Healthcare System Limited Partnership, Signature Hospital, LLC, Charles Miller and Steve Peterson, its general partners, d/b/a St. Joseph’s Hospital
PA – Ginny A. Conley and George J. Cosenza; J – Waters
* The plaintiffs are suing the defendants, a Wood County hospital, and its parent company, a Houston, Texas-based business, for unjust enrichment and breach of contract in failing to pay them their accumulated leave and benefits after they were terminated following St. Joseph’s merger with Camden-Clark Memorial Hospital on March 1. Along with unspecified damages, interest, attorney fees and court costs, they are asking the court to certify their suit as a class action.
Case number: 11-C-98

March 24
The Board of Trustees of the Most Worshipful Grand Lodge of Ancient Free and Accepted Masons of the State of West Virginia vs. Leon P. Mason
PA – William Crichton V; J – Reed
* The plaintiff is suing the defendant, a St. Marys resident, for breach of contract in failing to pay $3,000 monthly room and board to the West Virginia Masonic Home in Parkersburg while he was resident there from October until December 2010. They seek judgment for $9,000 plus court costs and interest.
Case number: 11-C-106

April 5
Peoples Bank, N.A. vs. Geneva E. Marion and Sure-Fire Inc.
PA – Khandie L. Ritter; J – Waters
* The plaintiff is suing the defendants for defaulting on a $50 line of credit given to them on Oct. 23, 1998. They seek judgment in the amount of the unpaid balance, $37,569.35, plus 4.5 percent interest as of March 7, and court costs.
Case number: 11-C-126

PARKERSBURG –- After denying he allowed his personal and professional relationships with the prosecutor’s office cloud his judgment in a Parkersburg businessman’s 2007 criminal trial, a Wood County attorney is now working with a former Wood County prosecutor in a class-action lawsuit.

Last month, George J. Cosenza and Ginny A. Conley filed a breach of contract suit against St. Joseph’s Hospital in Wood Circuit Court. In the complaint filed March 15, nine former employees -– Carole S. Caplinger, Carol S. Dearman, Earlene Workman, Mark Workman, Beverly J. Flanagan, Mary Kathleen Moore, Ed Rardin, Shannon M. Nelson and K.C. Stalnaker -– allege St. Joseph’s failed to compensate them for their accumulated sick leaving following their termination from the hospital prior to its merger with Camden-Clark Memorial Hospital.

The two officially became Camden-Clark Medical Center on March 1, and is now an affiliate of West Virginia United Health System. Prior to the merger, St. Joseph’s was owned by the Houston, Texas-based Signature Hospital Corporation, which is named as a co-defendant in the suit.

Because St. Joseph’s not only failed to provide compensation to the nine named plaintiffs, but also “several hundred” other employees, Cosenza and Conley asked that the suit be certified as a class action. Following a hearing on April 4, Judge Robert A. Waters granted their request.

Following the hearing, Conley told The Parkersburg News and Sentinel that since the suit was filed, 130 former St. Joseph’s employees have contacted Cosenza alleging they, too, were not compensated, and believes another 500 may also have a claim. The reason for the suit being filed so soon after St. Joseph’s merger with Camden-Clark, Conley said, was Signature’s announcement of plans to divest itself of its two remaining hospitals in Pampa and Wharton, Texas, and cease operations later this year.

“If we don’t act quickly, local residents will be left hanging,” Conley said.

In the midst of the class-action suit, Cosenza, a Parkersburg sole practitioner, and Conley, the previous Wood County prosecuting attorney, are defending themselves from allegations of professional misconduct. In separate lawsuits, Jeff Corra alleges Cosenza failed to zealously represent him against charges of furnishing alcohol to minors that were later overturned by the state Supreme Court, and Conley allowed related charges of involuntary manslaughter to hang over his head long past the time they should have been dismissed.

Allegations

In September 2006, Corra was indicted by the Wood County grand jury on nine counts of furnishing alcoholic liquor to minors. The indictment accused Corra of serving alcohol to friends of his daughter, Ashli, during an impromptu party at their home on Rector Road on Aug. 6, 2006.

Though the friends were over the age of 18 at the time, all were still under the legal drinking age of 21.

Later that evening, Morgan Brown, Matthew Humphreys and Joshua Tucker, who were riding together with Courtney McDonough left the party, and were involved in a single vehicle accident on Rosemar Road in Parkersburg. The accident resulted in Brown being injured, and the deaths of Humphreys and Tucker.

Corra was later indicted in January 2007 on two counts of involuntary manslaughter.

Corra denied the charges against him saying that when Ashli’s friends came to visit, he was outside burning brush. Also, he later learned that not only did one of the visitors use a fake ID to purchase alcohol at a convenience store, but McDonough snuck a Coors Light beer from his refrigerator.

Nevertheless, he was convicted in August 2007 on four of the furnishing counts. He was found not guilty on three others, and the two remaining counts were dismissed.

In February 2009, the Court overturned Corra’s conviction citing the failure by both Assistant Wood County Prosecutor Sean Francisco, and Cosenza to point out that Corra was prosecuted under the wrong law.

In a unanimous opinion written by Justice Menis Ketchum, the Court said “it is apparent that neither the prosecutor nor defense counsel read the statutes relating to the crime of furnishing ‘alcoholic liquors’ before the jury reached its verdict.”

“The prosecutor” Ketchum added, “mistakenly informed a busy trial judge that beer was the same as alcoholic liquor for the purpose of proving the indictment. Likewise, it is not disputed that when the circuit court asked at the charge conference whether he should instruct the jury on the definition of alcoholic liquor, defense counsel stated that an instruction was not necessary because beer was an alcoholic liquor.”

Waters was the judge in Corra’s case.

A month before the Court’s decision, the deadline passed on trying Corra on the involuntary manslaughter charges. Absent certain circumstances, state law requires prosecutors bring a case to trial against a defendant within three terms of court, or one year, following an indictment or dismiss the charges.

Between then and the time of her departure in December 2008, Conley never made a motion to dismiss the involuntary manslaughter charges. Instead, that task was left to her successor, Jason Wharton, who made the motion in September 2009 –- which Waters two days later granted -– six terms of court past when they should’ve been dismissed.

Evidence

In the legal malpractice suit Corra filed against Cosenza in August 2009, he alleged the case should have never gone to trial let alone reach the Supreme Court. Cosenza, Corra alleged, “allowed his professional friendships and relationships with representatives of the prosecuting attorney’s office to affect adversely his judgment and compromise his representation.”

Not only did he fail to address the issue of the prosecutor’s office providing materials requested through discovery a week prior to the trial, but Corra alleges Cosenza “failed to assert at trial at least one instance of prosecutorial misconduct.” In the wrongful prosecution suit he filed against Conley and Francisco six months later, Corra averred during a recess in his trial, Francisco, along with Deputy Wood County Sheriff Dave Tennant, attempted to intimidate two of his witnesses into making their story more favorable to the prosecution.

Though Cosenza denied the allegations, Corra attached as an exhibit to a filing made in his wrongful prosecution suit a letter Cosenza wrote, and hand delivered to Conley on Sept. 4, 2007. The letter, he maintains, is evidence Cosenza was more concerned with keeping a strong rapport with her office rather than help exonerate him.

“I have no desire to see Mr. Francisco prosecuted or sanctioned in any way, and will not willingly participate in any such proceeding.” Cosenza wrote. “I have always considered Sean a friend, like him very much and wish him no harm.”

“Of course, that was the major reason I didn’t address the issue at trial, thinking that a not guilty verdict would render the issue moot,” he added.

The West Virginia Record attempted to get a comment from Conley and Cosenza’s attorneys about their current collaboration in the St. Joseph’s class-action case amidst Corra’s lawsuits.

When contacted, Wendy Greve, Conley’s attorney, said, “I’m sorry. I won’t be commenting.” Likewise, Steven Crislip, Cosenza’s attorney, declined comment saying only “That [the St. Joseph's suit] has nothing to do with it [Corra's suit],” and referred further questions to Corra’s attorney, Todd Reed.

Currently, both of Corra’s suits are in the discovery phase, and awaiting a trial date.

As of press time, neither St. Joseph’s nor Signature has filed an answer to Cozenza and Conley’s class-action suit.

Wood Circuit Court case numbers 11-C-98 (St. Joseph’s class-action), 09-C-426 (Cosenza legal malpractice) and 10-C-79 (Conley wrongful prosecution)

April 8
Community Bank of Parkersburg vs. Gail D. Lucas
PA – Andrew Woofter III ; J – Reed
* The plaintiff, a Parkersburg business, is suing the defendant, a Tonawanda, N.Y. resident, for defaulting on a $49,954.29 loan given to her on Oct. 14, 2004. Upon defaulting on the loan, Community Bank foreclosed on property Lucas owned on Dickel Avenue in Parkersburg and used as collateral, sold it at a trustee’s sale and applied the proceeds toward repayment. They seek judgment in the outstanding balance of the loan, $34,516.03, and 7.375 percent interest from April 2 until the date of judgment.
Case number: 11-C-128

April 11
Grace A. Combs vs. River City Tavern and Grill, Steve M. Peters and Robert W. Peters II
PA – C. Edward McDonough; J – Waters
* The plaintiff is suing the defendants for injuries she sustained on April 12, 2009, after she tripped, and fell on a carpet inside River City. She seeks unspecified damages, interest and court costs.
Case number: 11-C-130

April 14
Nancy E. Cunningham, as parent and legal guardian of her minor children, Eric, Emily and Erin Cunningham vs. Phillip D. Cunningham and State Farm Automobile Insurance Company
PA – Todd Wiseman; J – Beane
* The plaintiff is suing the defendants for injuries Eric, Emily, and Erin sustained on April 18, 2009, when Phillip, her ex-husband, was involved in a single-vehicle accident with the children were passengers. His insurance carrier, State Farm, has refused to pay for medical bills related to their injuries. She seeks unspecified damages, including $37,355.16 in medical expenses, attorney fees and interest.
Case number: 11-C-144

April 18
William and Brenda Norris vs. Muse Associates Inc., Jeff Roberts Corp. a/k/a Jeff Roberts and Associates and Youth Explosion Ministries Inc.
PA – Ethan Vessals; J – Waters
* The plaintiffs, residents of St. Marys are suing the defendants for injuries William sustained on Oct. 10, 2010, when preparing a contemporary Christian concert at Parkersburg High School hosted by the defendants – businesses based in Nolensville, Tenn., Goodlettsville, Tenn., and Marion, Ill., respectively – when in the course of stacking speakers for the sound system had the tip of one of his fingers severed. Brenda makes a claim for loss of consortium. They seek unspecified damages, court costs, attorney fees and interest.
Case number: 11-C-150

Charles E. and Agnes L. O’Dell vs. Darrell E. and Vickie Lea Simmons
PA – Robert S. Fluharty Jr.; J – Reed
* The plaintiffs are seeking a court order compelling the defendants to deliver a deed for property on Neal and 12th streets in Parkersburg the Simmonses conveyed to the O’Dells on June 22, 2010.
Case number: 11-C-156

April 29
Nip ‘N Cue, Inc. and Mona’s Rendezvous LLC vs. the Mid-Ohio Valley Health Department
PA – William O. Merriman; J – Reed
* The plaintiffs are seeking an injunction against the defendant from enforcing a 2005 county ordinance banning indoor smoking in bars and restaurants.
Case number: 11-C-170

May 2
Todd Jackson d/b/a T.J. Construction LLC vs. Specialty Piping Corp.
PA – Eugene T. Hague Jr.; J – Reed
* The plaintiff is suing the defendant for failing to pay for materials provided on Nov. 9, 2009. He seeks judgment for $28,475.65 plus interest, court costs and attorney fees.
Case number: 11-C-172

May 4
Johnny E. Bumgarner Sr. vs. Daryl James Lawrence, individually, and as the agent of Daryl’s Cars Inc.
PA- Richard Dunbar; J – Reed
* The plaintiff is suing the defendants for injuries he sustained on May 6, 2009, following a car wreck. He seeks unspecified damages, including recovery of $35,800 in medical bills, interest and court costs.
Case number: 11-C179

May 6
David and Tammy Harding vs. the city of Parkersburg
PA – Keith White; J – Waters
* The plaintiffs are suing the defendant for injuries David sustained on May 7, 2009, following a car wreck with unspecified motorist while during from Covert onto 19th Street. Tammy makes a claim for loss of consortium. They seek damages of $300,000, court cost and attorney fees.
Case number: 11-C-185

May 9
Nationwide Mutual Insurance Company, as subrogee of Jerry Eddy vs. Nancy Higgins
PA – Ryan S. Marstellar; J – Reed
* The plaintiff, a Columbus, Ohio-based business, is suing the defendant to recover a claim it paid its policyholder for injuries he received following a collision with the defendant on Sept. 1, 2010. They seek judgment for $100,062.54 plus interest, attorney fees and court costs.
Case number: 11-C-189

This intersection at Covert and 19th streets in Parkersburg is where David Harding says he was injured following a car wreck with another motorist in 2009. (Photo by Lawrence Smith)

PARKERSBURG – A Wood County man alleges the city of Parkersburg is to blame for the injuries he received in a car wreck two years ago.

David Harding filed a personal injury suit against the city in Wood Circuit Court. In his complaint filed May 6, Harding, a resident of Parkersburg, maintains the city could have prevented an accident between him and another motorist by prohibiting parking on a busy side street.

According to the suit, Harding on May 7, 2009, was driving his car on Covert Street preparing to turn onto 19th Street. The suit does not specify whether he was traveling north or southbound on Covert which feeds one-way onto 19th Street from each side

Nevertheless, as soon as he turned onto 19th Street, Harding says he was struck by another motorist. The collision resulted in not only the loss of his vehicle, but also him incurring “temporary and permanent physical injuries to his neck, back, chest, arms, legs and other parts of his body.”

The suit does not give any further details about the collision including what actions, if any, he took to receive compensation from the unidentified motorist or his or her insurance company. Nevertheless, he maintains it was enabled “in the form of allowing parking along said city street so as to obscure the vision of motorists and substantially increasing the risk of collision of vehicles turning onto 19th Street from Covert Street.”

Because the city “failed to take reasonable precautions to prevent injury resulting from the existence of said dangerous condition and further failed to warn the public,” the suit alleges Harding suffered pain, mental anguish, the loss of capacity to enjoy life and lost income. Also, Harding’s wife, Tammy, who is listed as a co-plaintiff in the suit, suffered a loss of consortium.

As a result, the Hardings seek $300,000 in damages plus court costs and attorney fees. They are represented by St. Marys attorney Keith White.

The case is assigned to Judge Robert A. Waters.

Wood Circuit Court case number 11-C-185

May 10
Ben Rockhold, as the administrator of the estate of Lavada S. Smith vs. Mark Louden, M.D., Michael Dickerson, M.D. and Best Practices of West Virginia Inc.
PA – Geoffrey C. Brown; J – Reed
* The plaintiff is suing the defendants for Smith’s wrongful death for failing to properly treat her for massive internal bleeding following her admission to the emergency room at Camden-Clark Medical Center on June 21, 2010. He seeks unspecified damages, court costs and interest.
Case number: 11-C-190

May 12
Mila Raymond vs. General Nutrition Center and Crystal Tenda
PA – Walt Auvil; J – Waters
* The plaintiff is suing the defendants for wrongful termination after they released her on Nov. 18, 2008 as store manager at the Grand Central Mall location for unsatisfactory job performance only to replace her with a male under 40 years old. She seeks unspecified damages, court costs and attorney fees.
Case number: 11-C-196

May 16
Anna Corbin vs. Michael Boyka, M.D. and Best Practices of West Virginia Inc.
PA – Alex McLaughlin; J – Beane
* The plaintiff, a Parkersburg resident, is suing the defendants for malpractice when she was treated and released for stomach pains on June 7, 2010, only to return later and undergo emergency surgery for a ruptured appendix. She seeks unspecified damages and interest.
Case number: 11-C-204

May 19
Charlene Stephens vs. Camden-Clark Medical Hospital
PA- Ginny A. Conley; J – na
* The plaintiff is suing the defendant for wrongful termination when they fired her on May 19, 2009, for mishandling medication only to recant the allegations during a subsequent investigation by the state Board of Nursing. She seeks unspecified damages, including back pay, front pay, reinstatement court costs, attorney fees interest and a court order establishing an on-going program at Camden-Clark for age discrimination which she claims was the true basis for her termination.
Case number: 11-C-214