West Virginia Record

Lawmaker wants PEIA to ask for Oxy money

Thu, 09 Jul 2009 11:15:00 CST

McGraw

CHARLESTON -- Before a state agency starts making budget cuts, one West Virginia lawmaker wants it to inquire about money that he feels it may be owed from state Attorney General Darrell McGraw's controversial 2004 OxyContin settlement.

Del. Jonathan Miller (R-Berkeley) recently submitted a Freedom of Information Act request to the Public Employees Insurance Agency, wondering what steps the PEIA took to claim any amount from McGraw's $10 million settlement with Purdue Pharma.

PEIA is one of three state agencies McGraw represented in the lawsuit, which claimed Purdue Pharma misrepresented the addiction capabilities of OxyContin. More than $3 million went to outside counsel that represented the State, and the rest went into McGraw's Consumer Protection Fund.

Miller said court records show PEIA may be owed more than $400,000. The federal government is currently planning a withhold of millions of dollars in its next Medicaid payment to the State because the settlement was structured in a way that the feds could not recover portion.

"The operation of the Attorney General's Office of how it relates to state agencies and the state is budget is very important," Miller said. "We've been going through this for years, and we've gotta get a handle on it."

PEIA is holding public hearings on diminishing benefits to new employees. Miller said maybe it should look into claiming some money from McGraw's settlement.

The state Department of Administration has said ending the 72 percent retiree premium subsidy for new hires would cut down the PEIA's debt, now at $7 billion, according to a recent report in the Charleston Daily Mail.

The West Virginia Department of Administration has stated that ending the 72 percent retiree premium subsidy for new hires after Jan. 1, 2010, would cut down on a huge, growing debt. PEIA officials now are saddled with a $7 billion deficit.

"There are budgetary issues," Miller said, noting the future looks bleak for the state budget. "The attorney general is affecting our bottom line as we're approaching a budget cliff.

"(McGraw) is well known for his antics. That's an issue we've gotta address. If he goes off base and takes these settlements in the wrong direction, it causes problems we'll have to address in the legislature.

"We haven't really wanted to get too involved with the issue. It's the big elephant in the room."

McGraw spent the bulk of the money on day report centers that nonviolent criminals can check in with when they are released. He also gave $500,000 to the University of Charleston for a pharmacy school.

Sen. John Doyle, D-Jefferson, criticized McGraw's handling of the OxyContin settlement at a Senate Finance Committee meeting last year.

"That is constitutionally the job of the Legislature to appropriate money," he said, according to the Charleston Daily Mail. "The minute your office or any office gets money for the State of West Virginia, that money is instantly the property of the taxpayers of West Virginia. Therefore, the Legislature must decide how it is spent."

McGraw said he was simply following a court order when he distributed each of the four yearly $2.5 million payments.

Recently, a federal appeals board approved a withhold of more than $400,000 from a similar settlement with Dey Pharmaceuticals. That settlement was worth $850,000.

"The big thing for me is the attorney general files these suits on behalf of state agencies," Miller said. "This wouldn't happen in the private sector. I'm wondering why it happens with state agencies.

"We can't have our chief attorney file a suit on behalf of a state agency and then have no correspondence as to who gets the money and how much. It's an issue that needs to be addressed.

"If all this money is not given to us to fix budget shortfalls, then it falls back on the taxpayers. If we keep losing money we shoud've had to pad those holes, then we'll have to raise taxes."

Federal judge dismissed doctor's privileges suit

Thu, 09 Jul 2009 09:33:00 CST

Westmoreland

HUNTINGTON - Despite denying a previous motion to move the case to state court, a federal judge has dismissed a Mason County physician's staffing privileges lawsuit for lack of jurisdiction.

Judge Chuck Chambers on June 12 dismissed a civil rights lawsuit Dr. Danny R. Westmoreland filed against Pleasant Valley Hospital, and several of its staff physicians, alleging they conspired to harm his medical practice by revoking his privileges at PVH without justification. In the suit he filed on Dec. 22, Westmoreland made claims against PVH and Drs. Fredric LaCarbonara, Shrikant K. Vaidya, John Wade and John Does 1-10, for, among other things, anti-trust, denial of due process and breach of contract.

Chambers' order came in response to a motion to dismiss filed by Vaidya on March 25. In his motion, Vaidya agued that all the claims Westmoreland made are not supported by federal law.

Chambers agreed, and in his 10-page opinion issued on June 11 cited specifically how Westmoreland's due process and anti-trust claims fail.

In regard to due process, the federal courts do have jurisdiction, but only the defendants were agents of the government. Since PVH is "a privately owned and operated hospital" and "the individual doctors named as defendants were private practice physicians acting in the capacity of PVH," Chambers said "there is no basis for finding that PVH or the individual physician defendants were government actors."

Speaking to Westmoreland's claims for anti-trust, Chambers says they, especially the one that PVH's status as the lone hospital in Mason County is an attempt at monopolization, are unsupported by Westmoreland's complaint.

"The heart of Dr. Westmoreland's complaint is PVH's decision to exclude him from its operation - an act which would foster competition rather than preclude it, by forcing Dr. Westmoreland to seek other means of treating his patients," Chambers said.

"Although plaintiff does allege action by individual defendants to harm his practice, he provides no allegation of how their respective practices his own, and thus no allegation of a probability they would achieve monopoly power."

'Baffled' by decision

Ironically, Westmoreland's attorney Robert W. Bright, on April 17, with Vaidya's motion to dismiss still pending, filed a motion asking that the case be transferred to Mason Circuit Court. In his motion Bright argued that while some of the claims Westmoreland asserted did have some federal jurisdiction, "the majority of [his] claims are claims that would/could be properly brought in state court" due to "concurrent jurisdiction."

However, on May 5, Chambers denied Bright's motion saying that the "Court has no such authority to grant such a motion, as this case was filed in federal court."

When contacted, Westmoreland said he was "baffled" at Chambers' decision to dismiss the case since a trial date had been set, and their was talk of a settlement. Records show trial was set for Oct. 5, 2010.

Also, Westmoreland expressed amazement at Chambers' reasoning for dismissing the anti-trust claim. Moving doctors into the Mason-area while revoking his privileges only lessens, not promotes competition, he said.

"I also disagree wit the judge in some of his comments in his statement that PVH's actions, along with the doctor's was not restrictive, but competitive," Westmoreland said.

"That is really baffling since the primary concern of health care is the patient. This judge would allow the area's largest doctor's lawsuit to be wrongfully dismissed without cause or due process resulting in my patients not being allowed to go to the doctor."

"I am unsure if his considering the physician-patient relationship like a Wal-Mart shopper being forced to go to K-Mart," Westmoreland added.

Regardless, since Chambers dismissed the case on jurisdictional grounds only, Westmoreland said he plans to promptly refile it in Mason Circuit Court, and eventually prevail on the merits.

"Bottom line," he said, "this is another speed bump, but it will be back in the appropriate court, and I am sure a jury will not be happy with the actions and schemes that have been committed upon me."

"I intend on doing my best to get this refiled immediately, and I promise the community I will not let the Mason County chosen few to now be able to pick their doctor."

As of presstime, Westmoreland's case had yet to be filed in Mason Circuit Court.

U.S. District Court Case no. 08-cv-1444

Tax Dept. attorney pays former client $200 during hearing

Thu, 09 Jul 2009 08:40:00 CST

Golden

CHARLESTON - If anything, a Charleston man has recouped $200 in a legal malpractice suit against a state Tax Department attorney he claims failed to file his bankruptcy case six years ago when she was in private practice.

On June 30, Ellen F. Golden extended a goodwill gesture to Donald McCune by offering to repay $200 from $730 McCune claims she owes him for not filing his bankruptcy case in 2003. Golden's offer came in the midst of hearing held on a motion she filed to dismiss McCune's suit before Kanawha Circuit Judge Charles E. King.

Originally, McCune filed the suit in Kanawha Magistrate Court in July 2008 asking solely for return of the $730 fee Golden charged him. However, the case was later moved to Kanawha Circuit Court when McCune wanted more money, including possible punitive damages.

After the hearing started, King asked McCune why it took him over six years to file his suit. The reason, McCune said, was a combination of frustration with Golden refusing to return his repeated telephone calls for the first year, and dealing with health challenges the second year.

In a complaint he filed against Golden with the Office of Disciplinary Counsel, the investigative arm of the state Bar, last May, McCune maintains that he was eventually successful in contacting Golden at her former office on Quarrier Street in Charleston on January 25, 2008. According to his complaint, Golden blamed McCune for it not being filed because he failed to keep in contact with her.

When McCune reminded her of the repeated telephone calls, and occasional visits, he made to her office between 2003 and 2004, Golden became angry, and hung up the telephone.

"I paid her money to file it [the bankruptcy], and she never filed it," McCune told King. "I would sit there [at home] all day for her to call, and she would never call."

McCune estimated that he is now between $30,000 and $40,000 in debt.

When King asked how much money McCune thought he should be awarded for Golden's inaction, he was at first hesitant to answer, but later said $10,000 "for all the aggravation I had to go through."

When it came her time to speak, Golden asked that King dismiss the case for three reasons. First, that it doesn't meet the court's jurisdictional limits, second, that the statute of limitations on filing the suit expired in December 2007 and third, because she was not served notice of the suit.

According to Golden, she only became aware of the suit when she was told about it, and went to the circuit clerk's office to see it. Also, Golden said that the only other time she communicated with McCune after he initially paid her was in the Fall of 2007.

"He never came to me to give me any information," Golden said.

McCune averred that he made a good-faith effort to serve Golden after he first filed the suit in magistrate court. Records show the clerk sent a certified letter to Golden at the mailing address she then had listed with the state Bar, but it was returned unclaimed.

When King asked Golden if she would still be willing to file McCune's bankruptcy, Golden said she couldn't because she was now working with the state Tax Department. However, she would be willing to help him find an attorney who would.

King followed up by asking if she would be willing to refund McCune his money. That's when Golden informed the court that at that moment was willing to pay McCune $200 from "money held in trust" for him.

After Golden walked across the courtroom and laid the $200 check on McCune's table, King asked him if he wanted it. Initially, McCune said no.

When he asked that if by accepting the check his case against Golden would be closed, King told him no. King said that the purpose of the hearing was to rule on Golden's motion to dismiss the case, not to rule on its merits.

Thereupon, McCune agreed to take the $200.

Before adjourning the hearing, King asked Golden if at anytime did she formally discharge McCune as a client. She answered no.

Following the hearing, Golden declined a comment. However, McCune was more open.

"I'm not disappointed about anything that happened here today," he said. "It's the fact that she irritated me, and so many other people, is why I filed this suit."

After shutting down, and declaring bankruptcy for her law firm, the Golden Law Office, in January 2008, Golden took a job as a mid-level supervising attorney with the Tax Department on Sept. 2, 2008. According to the state Auditor's Office, her salary is $55,188.

While the midst of her bankruptcy, U.S. District Bankruptcy Court Judge Ronald G. Pierson on March 10, 2008, barred Golden from filing any bankruptcies for a year. Pierson's order came at the request of the U.S. Bankruptcy Trustee which informed him that five clients had little to no contact with Golden for over a month after she filed their bankruptcies.

In addition to the one-year prohibition, Pierson ordered Golden to refund the five clients the $750 fee they paid her, and take continuing education in consumer bankruptcy, law office management and electronic filing with the federal courts.

Kanawha Circuit Court, Case No. 08-C-3187

Berger nominated for federal bench

Thu, 09 Jul 2009 08:40:00 CST

Berger

CHARLESTON � President Barack Obama on Wednesday said he nominated Kanawha Circuit Judge Irene Berger to replace U.S. District Judge David Faber in West Virginia's Southern District.

Berger, 54, has been a circuit judge in Kanawha for the last 15 years, having first been appointed to replace Judge John Hey.

If confirmed by the U.S. Senate, Berger would be the first black judge to sit on the state's federal court.

Obama in a statement said Berger has "demonstrated the talent, expertise and fair-mindedness Americans expect and deserve from their judges.

Sens. Robert Byrd and Jay Rockefeller, who had recommended Berger for the nomination, applauded Obama's pick.

"Judge Berger is absolutely incredible. Her historic nomination makes me so very proud. She has served Kanawha County strongly and honorably as circuit judge, and I know she will do the same for all West Virginians," Rockefeller said in a statement. "Her integrity, compassion and fairness are unmatched, and I am thrilled that President Obama has nominated her for this esteemed position."

Added Byrd, "Judge Berger's outstanding contributions to her community and state are evidence that she will be a role model for jurists statewide. Irene Berger has exhibited an impeccable dedication to fair and impartial justice for all, and it is the good fortune of all West Virginians to have her nominated for the federal bench."

A native of Berwind, McDowell County, Berger graduated from West Virginia University's College of Law in 1979. She was the first member of her family to go to college.

After law school, she went on to work as a lawyer for the Legal Aid Society of Charleston, the Kanawha prosecutor's office and the U.S. Attorney for Southern West Virginia.

She is the first black woman to serve as a state circuit judge. Former Gov. Gaston Caperton appointed her to the bench in 1994.

"She's a judge's judge," Kanawha Chief Circuit Judge James Stucky told The Associated Press. "I think it's a combination of her integrity and her honesty and her intelligence. She works hard at it, and she things hard before she makes a decision."

Should the U.S. Senate confirm Berger's nomination, Gov. Joe Manchin would be responsible for replacing her in Kanawha Circuit Court.

Golden again admonished twice for communication failure

Thu, 09 Jul 2009 08:35:00 CST

Golden

CHARLESTON - For the second time in her legal career, Ellen Golden has been disciplined twice in the same year by the state Bar for failing to timely handle her client's cases.

Last month, the Lawyer Disciplinary Board, the Bar's prosecutorial arm, admonished Golden for "fail[ing] to act diligently" in cases involving a Charleston, and Dayton, Ohio woman. Records show both admonishments were issued on June 10.

The Board's action stemmed from separate complaints filed by Maria L. Ormsby, and Carol P. Hill with the Office of Disciplinary Counsel, the Bar's investigative arm. Both alleged that Golden either procrastinated in filing paperwork or failed to keep them informed of the status of their cases.

In her complaint filed Aug. 20, 2007, Ormsby, of Charleston, said she hired Golden in the summer of 2006 to appeal the Crime Victim Compensation Fund's denial of a claim she made on behalf of her son. According to her complaint, Ormsby said the Fund denied the claim because her son received counseling from unlicensed counselor.

During the appeal hearing on Aug. 4, 2006 Golden argued that while the counselor, Elizabeth Crawford, was not a licensed professional counselor, the claim should be paid because state code exempts counseling provided by non-profit organizations like Crawford's Domestic Violence Counseling Center. The administrative law judge asked that Golden submit a brief outlying her argument after Labor Day weekend.

However, Golden never filed the brief. According to Ormsby's complaint, Golden was granted three extensions, the final coming in November to have the brief submitted by the end of December.

When Crawford contacted Cheryle Hall, clerk of the Court of Claims which oversees the Fund, on Ormsby's behalf on Dec. 29, 2006, she learned that Golden still had not filed the brief.

In her reply to Ormsby's complaint, Golden acknowledged that she had yet to file the brief. She alleged that Hall told her it was OK to file it late.

Also, Golden said that since it was Crawford, and not Ormsby's son, who would be receiving money, ' "[n]o one is prejudiced by the late filing."'

On June 26, 2008, Hill filed her complaint against Golden. In it, she alleged Golden failed to timely correct the wording of a qualified domestic relations order in Hill's divorce.

According to the complaint, Hill's divorce was finalized on Dec. 15, 2000. In September 2005, Hill contacted Golden about receiving a portion of her ex-husband's retirement from the Air Force.

In a letter dated Sept. 30, 2005, Golden said she would file a qualified order for Hill. The letter also stated that a previous payment Hill made would " 'cover the time involved in handling this for you'" though additional funds would be necessary to purse it in circuit court.

However, Hill alleges that she never heard back from Golden. Despite multiple calls left for Golden, with the last on Aug. 13, 2007, Hills says none were returned.

In her response to Hill's complaint, Golden said that she never received any of the forms she requested from the Defense Finance and Accounting Service. Also, Golden said that she did not file Hill's case in circuit court.

In a letter dated March 3, Golden stated that she refunded the $175 Hill paid her to file the qualified order.

In both Ormsby's and Hill's complaints, the Board found that Golden violated Rules of Professional Conduct dealing with diligence and communication. In his closing letter in both cases, Stephen Jory, chairman of the Board's investigative panel, said Golden's inaction is the type of conduct many find frustrating about attorneys.

"No professional shortcoming is more widely resented than procrastination, and Complainant's interests were delayed and possibly adversely affected by Respondent's failure to act," Jory said.

Down the road before

As previously reported in The West Virginia Record, the Board previously admonished Golden twice on the same day for mishandling two cases. On April 11, 2006, the Board chided Golden for mishandling a Barboursville man's wrongful termination suit, and a Dunbar man's petition for child support modification.

Both complaints, records show, were filed by Michael A. Stephens and Bobby Tucker in 2005.

In response to Stephens' complaint, Golden admitted to putting filing a wrongful termination suit against his former employer Wal-Mart on the back burner due to family issues, and an influx of bankruptcy clients who wanted their cases filed before new changes in the law took effect. Though she still offered to help him file the suit before the statute of limitations expired on Jan. 15, 2006, Golden later told ODC that she considered herself relived of her duties when Stephens did not sign and return a contract and fee agreement.

Though he paid her a $1,000 retainer to file his modification petition, Tucker alleged that despite preparing it on Sept. 2, 2003, Golden never was aware it went unfiled and unserved until she heard from Charleston attorney Carter Zerbe in November 2004. Tucker enlisted Zerbe's aid to help him get his file and money back from Golden.

Despite telling Zerbe she would "refund every penny" of Tucker's money, Golden did not respond to repeated telephone calls and letters both Tucker and his girlfriend sent her from January to August 2005 asking for a refund. Only after Carter and Tucker jointly filed a complaint against Golden with ODC, did she return the retainer, and files.

In addition to charging her with Rules violations relating to diligence and communication, like it did in Ormsby's and Hill's complaints, the Board also charged Golden with Rules violations regarding non-lawyer assistants, and failing to respond to an investigative inquiry in Stephens' and Tucker's cases, respectfully.

The Record attempted to get a comment about Golden's admonishments from Sherri Goodman, a former Chief Lawyer Disciplinary Counsel for whom Golden worked from 1993 to 1995, who is advising Golden. Though Goodman declined to comment, she did say any response would be contained in a reply to the state Supreme Court.

However, a call to the clerk's office revealed nothing was filed by presstime. Also, Golden and Goodman were given 14 days to file a reply in Ormsby's and Hill's complaints from June 16 and 17, respectfully.

The Record also attempted to get a comment from the state Tax Department about the Bar's action. Kimberly Osborne, a department spokeswoman, declined to comment citing personnel reasons.

According to ODC, Golden still has two open ethics complaints.

Nick Nolte's ex-wife sues woman over arrest

Wed, 08 Jul 2009 22:00:00 CST

CHARLESTON � The ex-wife of actor Nick Nolte is suing two Charleston women, saying she was arrested on bogus charges following an attempt to visit her niece.

Rebecca Linger Nolte filed a lawsuit June 24 in Kanawha Circuit Court against Tatyana Markina Linger and Valentina Markina.

Nolte, who lives in California, says that on Jan. 31, 2009, she and a friend, James McCormick went to a Chappell Road residence where the defendants lived to visit with and deliver "food treats" to Tatyana's daughter.

Nolte is the sister of William Gates Linger, Tatyana's ex-husband and the father of the little girl.

Nolte claims that when she arrived, Valentina refused to allow her inside. She claims that she and McCormick then left the property "peacefully and lawfully."

But Tatyana called police and reported that Nolte and McCormick were taking pictures of the property and had been snooping around in a detached garage. Tatyana also told police that Nolte entered the residence and declared she used to live there and could come in any time she wanted.

Charleston police charged Nolte with trespassing and battery and arrest warrants were issued.

Nolte says the allegations are false. She wants compensatory and punitive damages from the defendants.

James T. Cooper is representing the plaintiff. The case is before Kanawha Circuit Judge Louis Bloom.

Kanawha Circuit Court case number: 09-C-1155

PERSONNEL FILE: Paralegals elected to board, receive award for service

Wed, 08 Jul 2009 13:00:00 CST

Lowther

CHARLESTON -� Three Steptoe & Johnson paralegals have been recognized by the Legal Assistants/Paralegals of Southern West Virginia (LAPSWV) at the organization's fifth annual meeting and seminar held in June.

Cynthia Lowther, ACP* was re-elected to a second term as President of LAPSWV, while Lorena Shingleton, ACP** was elected to a second term as First Vice-President of the organization. Renee Clay, CLA* was also elected to the Executive Committee, assuming the role of Treasurer.

Both Lowther and Shingleton were among the executive committee members who earned Paralegal of the Year honors for their commitment and dedication to the organization, while Clay was honored with the "Shining Star" award for her dedication to the organization and work throughout the programming year. Prior to becoming Treasurer, Clay served as a member of numerous groups, including the Education and Seminar Planning committees.

Lowther attended the University of Charleston and has been a paralegal for 19 years. She has been employed by Steptoe & Johnson PLLC in its Charleston office since May of 2004, where she assists attorneys in the firm's environmental, regulatory, energy, and litigation departments, focusing primarily on mass litigation and toxic tort matters.

As a student at Marshall University, Clay received a Bachelors of Arts degree in Business Education and a Master of Science degree in Adult and Technical Education, both of which have assisted in performance of my duties as a paralegal in the Business Litigation and Energy Litigation practice groups.

Shingleton has been employed by Steptoe & Johnson in its Charleston office since May of 2002. She is also a registered lobbyist for the State of West Virginia. She assists attorneys in the firm's business, environmental, regulatory, energy, and litigation departments. Shingleton's main responsibilities include performing various tasks associated with the oil and gas industry, air permitting, water resources, public utilities and the coal industry.

Legal Assistants/Paralegals of Southern West Virginia ("LAPSWV") is a non-profit organization established in 2004 in Charleston and Huntington, West Virginia. LAPSWV promotes high standards in the legal assistant/paralegal profession, establishes networking resources for legal assistants/paralegals, and provides integrity in the legal community. LAPSWV also contributes to the community by participating in a number of charitable programs. LAPSWV strives to raise professional standards in the legal assistant/paralegal profession by providing opportunities for personal growth and development through educational experiences and the networking with other professionals.

Steptoe & Johnson is a business-focused firm with particular strengths in energy, labor, employment and litigation. It comprises over 180 lawyers resident in eight locations throughout West Virginia, Ohio and Kentucky. For nearly a century, Steptoe & Johnson has demonstrated its commitment to quality, devoting personal attention, experience, skill and resources to client-focused service.

Lawsuit filed over wreck that killed five

Wed, 08 Jul 2009 10:50:00 CST

Stone

MORGANTOWN -- A Monongalia County lawsuit seeks damages from a man who drove drunk and killed five people and the two bars where the man drank that day.

Named in the lawsuit, filed June 22, is Brian J. Stone, of Morgantown, who was convicted of 25 charges last year related to the July 8, 2007, crash that occurred on Interstate 68 near Morgantown. He was sentenced to 41 years in prison.

Also named in the lawsuit are Automatic Slims Hot Spot and Novichenk L.L.C., doing business as Novichenk's Tailgater's Pub 2.

The plaintiffs are: Marcia Perry, individually and as administratrix of the estate of Donnell Perry, Jacquesha Jones-Perry and Jentil Jones-Perry; Justine Jones-Perry; Myiah Barnes, an infant by her mother Latena Perry; Korie Chaput and Ayana Perry, infants, by their mother Tiffany Chaput; Sheena Evans, individually and as personal representative of the estate of Courtney Evans; John Evans, an infant, by his mother Sheena Evans; and Cynthia Moore-Sivert, individually and as personal representative of the estate of Sawyer Evans.

According to the complaint, Stone had been drinking at the two establishments prior to the collision. The lawsuit says the owners of the taverns should have known Stone was already intoxicated and should not have served him.

The wreck occurred at around 10:15 p.m.

Clarksburg residents Donnell Perry, Marcia Perry, Jacquesha Jones-Perry, Jentil Jones-Perry, Junstine Jones-Perry, Myiah Barnes, Korie Chaput and Ayana Perry were traveling west on I-68 in a 2005 Chevrolet Trailblazer. Donnell was driving.

At the same time, Courtney Evans, Sheena Evans, Sawyer Evans and John Evans were traveling east on I-68 in a 2001 Ford Taurus. Courtney was driving.

Stone drove his 2007 Ford F-150 onto the eastbound lanes of I-68 at the Pierpont Road interchange and struck the rear of the Taurus, the complaint says.

The collision sent the Taurus across the median and into the path of the Trailblazer.

Donnell Perry, Jacquesha Jones-Perry, Jentil Jones-Perry, Courtney Evans and Sawyer Evans all died in the crash. The rest sustained severe injuries, the complaint says.

Stone claimed that another vehicle struck his pick-up, forcing it into the rear of the Taurus. Police and eyewitnesses said otherwise.

Stone was unhurt in the crash and left the scene on foot. His blood alcohol content level was 0.23. The legal limit in West Virginia is 0.08.

Stone had several prior convictions for drunken driving before the fatal crash.

The plaintiffs are seeking damages on counts of wrongful death, negligence, emotional distress and loss of consortium. They also are seeking punitive damages.

Avrum Levicoff, Aaron Lee Harrah and Bradley H. Thompson are represnting the plaintiffs.

Monongalia Circuit Court case number: 09-C-428

Forbes to headline W.Va. Business Summit

Wed, 08 Jul 2009 08:45:00 CST

Forbes

CHARLESTON -- Steve Forbes, publisher of Forbes magazine and former Presidential candidate, will be the headline speaker at the W.Va. Chamber's 2009 Annual Meeting and West Virginia Business Summit.

Joining Forbes will be Gov. Joe Manchin, and both will provide remarks during the General Session on Thursday, Sept. 3.

Forbes is the editor-in-chief of Forbes business magazine as well as president and chief executive officer of its publisher, Forbes Inc. He also is a former presidential candidate in 1996 and 2000 and is a frequent national commentator on business, tax and economic issues.

The Chamber's annual meeting, which will be held Sept. 2-4 at The Greenbrier, is the largest gathering of business executives, managers and professionals from across the state. In addition, ten statewide organizations will be sponsors for this year's West Virginia Business Summit�, which is held at part of the Annual Meeting.

"We are so excited to have lined up Steve Forbes to speak at our Annual Meeting," Chamber President Steve Roberts said. "His perspectives on national economic issues and business news will be insightful and valuable to attendees."

Roberts said Forbes will be joined by Manchin, who will discuss West Virginia's economy and share his views on national issues involving energy, health care and education.

For the meeting's opening lunch on Sept. 2, Jim Justice, the new owner of The Greenbrier, will outline his plans to regain the resort's five-star rating and to offer new amenities, such as a casino with table games.

"Mr. Justice has injected new energy and excitement throughout The Greenbrier, and he has such as positive message about the resort's future," Roberts added. "We are so pleased that he will be with us and to share his passionate spirit as we start this year's gathering."

Other presentations planned for this year's annual meeting will cover topics in human resources, taxation, energy, government, tourism and West Virginia's courts.

"We are lining up another top-notch roster of presentations on timely business issues and matters, particularly those involving energy and health care," Roberts said. He said more details on these symposium presentations will be provided in the coming weeks.

Ten statewide organizations will be sponsors for this year's West Virginia Business Summit, which is held at part of the Annual Meeting.

Key hosts for this year's Annual Meeting will be:

* Presenting Host: Charles Ryan Associates

* Premier Host: Chesapeake Energy

* Grand Host: CONSOL Energy

* Executive Host: Huntington Bank

For additional information about the meeting, visit www.wvchamber.com.

As the state's largest, most influential general business organization, the West Virginia Chamber represents all business sectors in every region of the state, with more than 95 percent of its members being small businesses. The organization's 5,000-plus membership reach comes from its network relationships with 55 local chambers of commerce and dozens of statewide business and trade associations.

PERSONNEL FILE: HR professionals receive certifications

Wed, 08 Jul 2009 08:00:00 CST

Quaranto

CLARKSBURG -� Dee Quaranto, Stacia Martin, Tara Stevens and James Smith, members of the North Central West Virginia Chapter of the Society for Human Resource Management, recently earned prestigious professional certifications awarded to distinguished practitioners in the field.

Martin received the credentials for "Professional in Human Resources" (PHR), while Quaranto, Stevens and Smith received the credentials for "Senior Professional in Human Resources" (SPHR).

The certifications, awarded by the HR Certification Institute, signify that the above mentioned individuals demonstrated mastery of a complex body of knowledge and practical experience in human resource management through the passing of rigorous examinations. The HR Certification Institute is the largest credentialing organization dedicated exclusively to serving the certification needs of human resource professionals.

As an affiliate of the Society of Human Resource Management (SHRM), HR Certification Institute continues to promote the establishment of professional human resource standards and recognizes professionals who meet these high standards. Quaranto, Martin, Stevens and Smith join more than 250,000 other HR professionals in over 70 countries who have also achieved their HR credentials with the HR Certification Institute.

Quaranto is the Human Resources Manager for Action Facilities Management (AFM), a Morgantown-based small business which provides services to government and commercial clients. She is a member of the North Central chapter, and a board member of the West Virginia SHRM State Council. She is particularly grateful to Diane Lewis, President of AFM, for her support and encouragement, to Betty McHale, State Council President and certification preparation course instructor, and all members of the North Central chapter for the outstanding support network they provide.

Martin is employed as the Senior Vice President, Human Resources, for Fairmont Federal Credit Union, and serves as secretary for the North Central chapter. Martin is justifiably proud of her chosen profession, and says "I can't imagine a more rewarding career than Human Resources. Employees are the foundation upon which all successful organizations are built."

Tara Stevens is the Director of Human Resources at Fairmont General Hospital, and has worked in HR for 14 years. She finds Human Resources to be immensely rewarding and exciting, and considers herself fortunate to work with very competent and committed colleagues.

James Smith is the Personnel Director for the City of Bridgeport, and is currently the chapter's president. Smith gives his appreciation to the City of Bridgeport and the City Manager, Kim Haws, for encouraging and supporting him through the training and job experience that was required to pass the SPHR certification exam.