West Virginia Record -

McGraw's Bank of America suit transferred

Tue, 09 Feb 2010 13:22:00 CST

McGraw

CHARLESTON - State Attorney General Darrell McGraw's lawsuit against Bank of America has been transferred to a multi-district litigation proceeding in a New York federal court.

U.S. District Judge Victor Marrero will welcome McGraw's antitrust case into the MDL in New York's southern district. The case had been filed in Mason County Circuit Court before being removed to federal court in Charleston.

The complaint against Bank of America alleges it and unnamed conspirators manipulated the municipal bond market.

The MDL panel wrote Feb. 2 that the transfer "will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation."

The private attorneys McGraw hired to pursue the case argued that it should not be transferred because the suit named only one defendant and dealt only with issues of state law. The panel said there were other at least three similar suits in the MDL.

McGraw hired his brother's nephew to represent the State.

Cook Hall & Lampros of Atlanta is one of three firms representing the State, along with Charleston's Berthold Tiano & O'Dell and DiTrapano Barrett & DiPiero. All three firms have contributed to McGraw's election campaigns.

Edward Shuff Cook is the nephew by marriage of former state Supreme Court Justice Warren McGraw, Darrell's brother. His bio says he has been appointed a special assistant attorney general in several states.

McGraw hired Cook, then at Provost Umphrey, in 2001 for a case involving law firm Steptoe & Johnson.

Employees of the Cook firm and their spouses have donated $20,000 to McGraw since 2004.

Also, the Berthold firm has donated $4,240 since 2004 and the DiTrapano firm, a frequent selection by McGraw to represent the State, donated at least $30,000 in 2004 and $5,050 in 2008.

Point Pleasant woman sues Speedway for injury

Tue, 09 Feb 2010 12:23:00 CST

CHARLESTON � A Point Pleasant woman is suing Speedway SuperAmerica after she was allegedly injured in its Mason County store.

On Dec. 2, 2008, Bonnie Louella McCarty was shopping at the Speedway SuperAmerica and was returning to her car when she slipped on black ice in the parking lot, according to a complaint filed Jan. 19 in Kanawha Circuit Court.

McCarty claims a drain pipe where she had fallen had been leaking for some time and in need of repair. She claims the defendant had a duty to inspect, maintain and repair the premises to keep it in a safe condition.

The defendant was negligent and breached its duty of care by failing to repair the drain pipe to provide a safe place to shop, according to the suit.

McCarty claims she suffered both physical and mental injuries from the fall; has incurred severe physical and mental pain and suffering; emotional distress; mental anguish; loss of enjoyment of life; physical impairment; and has incurred substantial medical treatment and bills.

McCarty is seeking compensatory damages. She is being represented by Michael J. Del Giudice.

The case has being assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 10-C-0102

Charleston urologist sued for medical malpractice

Tue, 09 Feb 2010 12:21:00 CST

CHARLESTON � A man is suing a Charleston urologist for medical malpractice and negligence.

In Jan. 2008 Angelo Argento began seeing Dr. Frederick Martinez, according to a complaint filed Jan. 19 in Kanawha Circuit Court.

Argento claims Martinez was negligent in his care and as a result, he has suffered bodily injuries; physical pain and mental anguish; disfigurement and deformities; humiliation and embarrassment; incurred expenses for doctors, institutional care, hospital care, nursing care, medicine, equipment and related items of service; and suffered an impairment of his capacity to enjoy life.

Argento is seeking compensatory damages. He is being represented by William S. Druckman and Madonna C. Estep.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 10-C-0100

Charleston man sues Cabot Oil and Gas Corporation for property damages

Tue, 09 Feb 2010 12:19:00 CST

CHARLESTON � A man is suing Cabot Oil and Gas Corporation after he claims the company diminished the value of his property.

Jon L. Fox of Charleston claims Cabot Oil and Gas Corporation destroyed trees and other flora on his property, according to a complaint filed Jan. 13 in Kanawha Circuit Court.

Fox claims the defendant developed a gas well on his property and in doing so, it undertook actions which damaged the surface of the property, destroyed trees and other flora, impaired Fox's ability to use certain portions of the property and diminished its value.

On Oct. 30, Fox notified Cabot Oil and Gas Corporation regarding the damages and impairments, but the company has failed to properly and promptly respond, according to the suit.

Fox is seeking compensatory, incidental and consequential damages in an amount not to exceed $74,999.99. He is being represented by Jason A. Leasure and Matthew R. Oliver of Vital & Vital.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 10-C-0069

Former employee sues Shoney's for work injury

Tue, 09 Feb 2010 12:17:00 CST

CHARLESTON � A former employee is suing the Shoney's Restaurant in Charleston after she was allegedly injured while working.

Catherine Cunningham began working at the restaurant in 1985 and at the time of her accident she was the assistant manager of the restaurant, according to a complaint filed Jan. 19 in Kanawha Circuit Court.

On Dec. 10, 2008, Cunningham claims she slipped and fell near the salad bar on oil that was spilled the night before and not cleaned up, causing her to injure her left knee. She claims no one was available to cover her shift, so she stayed at work and went to the emergency room after she completed her shift.

On Dec. 16, Dr. H.S. Ramesh, a pain management physician, said Cunningham could return to work the following day, but only with "modified duty of lifting, pushing or pulling no more than 10 pounds," according to the suit.

Cunningham claims despite the physician's directions and her requests, Shoney's did not provide her with a sit-down job when she returned, but because she needed to continue receiving income, she was forced to work on her feet as she had before her injury.

Cunningham claims due to the extra stress from working on her feet and not being given the correct accommodations, her ACL was "effectively not existent" when Dr. David Ede, an orthopedic surgeon, attempted to repair it during surgery on May 27.

Ede had to take a portion of Cunningham's hamstring and completely reconstruct her ACL, according to the suit. Cunningham received workers' compensatory benefits for temporary partial disability until she was cleared by Ede on Dec. 7.

Cunningham claims Shoney's would not let her return to her previous position when she came back to work and instead offered her a position as a server or a dishwasher at the same location, other lower-paying positions at another location, or a comparable position at a Shoney's Restaurant more than 100 miles round trip from her residence and prior work location.

Cunningham is seeking compensatory and punitive damages for pain and suffering, violation of the West Virginia Human Rights Act, and discriminatory action in retaliation for receiving Workers' Compensation benefits. She is being represented by Kevin Baker and Sarah K. Brown.

The case has been assigned to Circuit Judge Charles King.

Kanawha Circuit Court case number: 10-C-0096

Manhattan Institute probes lobbying efforts of lawyers

Tue, 09 Feb 2010 12:00:00 CST

McGraw

NEW YORK - The Manhattan Institute's latest edition in its "Trial Lawyers, Inc.," series explores the effect the plaintiffs bar has on lawmakers at the state level and in Washington, D.C.

The report, released Tuesday, chronicles the plaintiffs bar's rise in the 1940s and current spending practices, like $725 million donated to political candidates for state offices in the past 10 years.

"Thanks to large contributions, both to the Democratic Party and to individual legislators, lawyers have not only blocked most fed�eral efforts at tort reform but are also working to coax goodies from Congress that pad their bottom line," the report says.

Among those efforts are a tax break for contingent-fee lawyers worth more than $1 billion, allowing state juries to override federal regulations and discouraging arbitration in disputes that are too expensive to take to trial.

The report says more money has been contributed to political campaigns by lawyers than any other industry over the past two decades.

Among those currently in the U.S. Senate who have had their campaigns financed by lawyers are Majority Leader Harry Reid, D-Nev., and Majority Whip Dick Durbin, D-Ill.

Since 1990, the political action committee for the American Association for Justice (formerly the Association of Trial Lawyers of America) has given more than $33 million to federal candidates.

"Trial Law�yers, Inc.'s ability to keep tort reform off the table in the recent discussions over health-care reform is not surprising in light of the fact that lawyers' congressional-campaign contributions in the last election cycle substantially exceeded the combined total of political donations from doctors, pharmaceutical companies, HMOs, hospitals, and nursing homes," the report says.

The report says donating efforts are important on the state level, too, because tort laws are crafted by state judges.

"With business groups now fighting back against Trial Lawyers, Inc.'s longtime grip on state judiciaries, the litigation lobby has turned its attention to state legislatures, where it is not only block�ing tort reforms but working to expand its portfolio of litigation opportunities," the report says.

"Among other things, state legislators are authoriz�ing new kinds of lawsuits, raising damage caps and giving private lawyers authority to sue on behalf of the state."

West Virginia Attorney General Darrell McGraw is singled out for that practice, though he is not the only state attorney general who hires private firms to represent state agencies.

However, the report criticized his hiring of firms that contribute to his campaigns.

"In 2001, McGraw hired four private firms that had given $47,500 to his reelection campaigns to sue Oxycontin manufacturer Purdue Pharma," the report says. "The $10 million settlement the firms secured netted them $3 million in fees."

Image is important to the plaintiffs bar, the report says, "as evidenced by its recent decision to change the name of its top industry association from the Association of Trial Lawyers of America (ATLA) to the American Association for Justice � a moniker less suggestive of a lobbying group for plaintiffs' lawyers than of the Justice League of America, the team of superheroes in the 1970s Saturday-morning Su�per Friends cartoons."

The Manhattan Institute calls itself "a think tank whose mission is to develop and disseminate new ideas that foster greater economic choice and individual responsibility."

The AAJ did not immediately respond to a message seeking comment.

Ona man sues Cabell County Commission for EMS injury

Mon, 08 Feb 2010 20:00:00 CST

HUNTINGTON -- An Ona man is suing the Cabell County Commission after he claims EMS injured him.

On Sept. 6, 2008, the Cabell County EMS responded to a call for assistance at James M. Beach's home and while attempting to transfer him from a wheelchair to his bed, dropped him, according to a complaint filed Jan. 14 in Cabell Circuit Court.

Beach claims when the EMS personnel dropped him his right leg was hyper-flexed, which resulted in a displaced distal femur fracture.

Beach claims Cabell County EMS failed to exercise a degree of care, skill and learning required and expected of a reasonable, prudent healthcare provider.

Beach suffered pain of body and mind; lost wages; loss of the ability to enjoy life; and incurred hospital and medical bills, according to the suit.

Beach is seeking compensatory damages. He is being represented by Michael C. Walker of Green, Ketchum, Bailey, Walker, Farrell & Tweel.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 10-C-0032

Two couples, widow name 160 companies in separate asbestos suits

Mon, 08 Feb 2010 18:00:00 CST

CHARLESTON -- Two couples and one widow -- all from Ohio -- are suing multiple companies in three separate asbestos cases.

Danny R. Johnston and Marilou Johnston, of Belmont, Ohio; Robert F. Mayle and Dorothy V. Mayle, of Mingo Junction, Ohio; and Guelda M. Wigal, the widow of John A. Wigal Sr., of Belpre, Ohio, all named 160 companies involved in their separate suits, according to three complaints filed Jan. 14 in Kanawha Circuit Court.

The plaintiffs claim Mr. Johnston, Mr. Mayle and Mr. Wigal were exposed to asbestos products of the defendants while working at various job sites over many years.

Mr. Johnston was diagnosed with asbestosis, Mr. Mayle was diagnosed with asbestosis and lung cancer and Mr. Wigal was diagnosed with asbestosis and mesothelioma, according to the suits.

The plaintiffs are seeking trials by jury to resolve all issues concerning their asbestos-related cases. They are being represented by David P. Chervenick, Bruce E. Mattock, Lee W. Davis and Scott S. Segal.

The cases have been assigned to a visiting judge.

The companies named as defendants in the three cases are 20th Century Glove Corporation; A.O. Smith Corporation; Ajax Magnethermic Corporation; Alliance Machine Company; Allied Glove Corporation; Allis-Chalmers Corporation; American Optical Corporation; Anchor Packing Company; Anderson Greenwood & Co.; Aristech Chemical Corporation; Armstrong International, Inc.; Ashland, Inc.; Atlas Industries, Inc.; Aurora Pump Company; A.W. Chesterton Company; Bayer Corporation; Bayer Cropscience, Inc.; Beazer East, Inc.; Bechtel Corporation; Borg-Warner Corporation; Brand Insulations, Inc.; Buffalo Pumps, Inc.; Burnham Holdings, Inc.; Cabot Corporation; Cameron International Corporation; Canadianoxy Offshore Production Company; Cashco, Inc.; CBS Corporation; Century Aluminum Company; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Columbia Paint Corp.; Columbian Chemicals Company; Cooper Industries, Inc.; Copes-Vulcan, Inc.; Coppus Turbines; Crane Co.; Crown, Cork & Seal USA, Inc.; Dana Corporation; DeGussa Corporation; DeZurik, Inc.; Didier Taylor Refractories Corporation; E. I. DuPont de Nemours; Earl B. Beach Company; Eaton Corporation; Eichleay Corporation; Elliott Company; F.B. Wright Company; Fairmont Supply Company; Fisher Controls International, LLC; Flowserve FSD Corporation; Flowserve US, Inc., and its Byron Jackson Pump Division; Flowserve US, Inc., as successor to Durco International and the Duriron Company; Flowserve US, Inc., as successor to Valtek International; Fluor Constructors International; FMC Corporation; Foseco, Inc.; Foster Wheeler U.S.A. Corporation; Gage Company; Gardner Denver, Inc.; Garlock Sealing Technologies, LLC; General Electric Company; General Refractories Company; General Technologies, Inc.; Gentex Corporation; George V. Hamilton, Inc.; Goodrich Corporation; Goodyear Tire & Rubber Company; Goulds Pumps; Graybar Electric Company, Inc.; Greene Tweed & Co.; Grinnell Corporation; Hedman Mines LTD; Hinchliffe & Keener, Inc.; Honeywell International, Inc.; Howden Buffalo, Inc.; I. U. North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; J.H. France Refractories Company; John Crane, Inc.; Joseph T. Ryerson & Son, Inc.; Joy Technologies, Inc.; Leslie Controls, Inc.; Lockheed Martin Corporation; Luckenheimer; Magnetek, Inc.; Mallinckrodt, Inc.; Manitowoc Company, Inc.; McJunkin Red Man Corporation; Meadwestvaco Corporation; Metropolitan Life Insurance Company; Milton Roy Company; Monongahela Power Company; Morgan Engineering, Inc.; Mueller Steam Specialty; Nagle Pumps, Inc.; National Service Industries, Inc.; Nitro Industrial Coverings, Inc.; NL Industries, Inc.; Norwalk Compressor Company; O.C. Keckley Company; Oglebay Norton Company; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Parker-Hannifin Corp.; Peerless Industries; Pennzoil-Quaker State Company; Pneumo Abex Corporation; Power Piping Company; Premier Refractories, Inc.; Reading Crane; Rhone-Poulenc AG Company, Inc.; Riley Power, Inc.; Roper Pump Company; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Safety First Industries, Inc.; Sager Corporation; Saint-Gobain Abrasives, Inc.; Shell Oil Company; Spirax Sarco, Inc.; SPX Cooling Technologies; Square D Company; Sterling Fluid Systems (US), LLC; Sundyne Corporation; SVI Corporation; Tasco Insulations, Inc.; Townsend & Bottum, Inc.; Trane U.S., Inc.; U.S.F. & G. Insurance Company; UB West Virginia, Inc.; Unifrax Corporation; Union Carbide Corporation; United Conveyor Corporation; United States Steel Corporation; Universal Refractories Corporation; Viacom, Inc.; Viking Pump, Inc.; Vimasco Corporation; Vogt Valve Company; Waco, Inc.; Warren Pumps, Inc.; Washington Group International; Waste Management, Inc.; Watson McDaniel Company; Weil-McLain Company; West Penn Power Company; Wheeling Rubber Products, Inc.; Whiting Corporation; William Powell Company; Wyeth Holdings Corporation; Yarway Corporation; and Young Group, LTD.

Kanawha Circuit Court case numbers: 10-C-0075, 10-C-0076, 10-C-0077

Three women sue CSX for asbestos-related lung cancer, asbestosis

Mon, 08 Feb 2010 16:00:00 CST

CHARLESTON -- Three women are suing CSX Transportation in separate cases for asbestos-related problems.

Crystal L. Morris' father, Stuart E. McQuan and Pamela Geary's husband, Virgil Floyd Geary, worked for CSX and both died of lung cancer. Donna G. Barber also worked for CSX and claims the company caused her asbestosis and lung cancer, according to three complaints filed Jan. 15 in Kanawha Circuit Court.

McQuain died Aug. 11, 2008. Mr. Geary died Feb. 1, 2008.

The plaintiffs claim McQuain, Mr. Geary and Barber were exposed to and caused to inhale asbestos fibers, fibrosis-inducing materials and carcinogenic materials while working for CSX.

Morris, Mrs. Geary and Barber are seeking trials by jury to resolve all matters related to the cases. They all are being represented by Robert F. Daley and Elizabeth Chiappetta.

The cases have been assigned to a visiting judge.

Kanawha Circuit Court case numbers: 10-C-0084, 10-C-0085, 10-C-0086

Two couples name multiple companies in asbestos-related cases

Mon, 08 Feb 2010 14:00:00 CST

CHARLESTON -- Two couples are suing multiple companies in separate asbestos-related lawsuits.

Robert L. Wood and Candice J. Wood, of Wheeling, W.Va., named 125 companies, and John D. Kontra Sr. and Mary Ann Kontra, of Glendale, Ariz., named 67 companies involved in their separate suits, according to complaints filed Jan. 19 in Kanawha Circuit Court.

Mr. Wood and Mr. Kontra claim they were exposed to asbestos products of the defendants while working at various job sites over many years.

On Dec. 14, Mr. Wood was diagnosed with mesothelioma. He claims he smoked for six years intermittently in the 1960s. Mr. Kontra was diagnosed with lung cancer July 23. He claims he smoked one and one-half packs per day from 1961 until 2006.

According to both suits, the defendants are being sued for negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn.

Both couples are suing for trials by jury to resolve all issues concerning their asbestos-related cases. They are both being represented by Victoria Antion. The Woods are also being represented by Anne McGinnes and J.D. McMullen.

The cases have been assigned to a visiting judge.

The 125 companies named in the Woods' case are 3M Company; A.O. Smith Corporation; A.W. Chesterton; Allegheny Power Systems; Allied Chemical Corporation; American Electric Power; American Electric Power Service Corporation; Appalachian Power Company; Armstrong International, Inc.; Armstrong Pumps, Inc.; Aurora Pump Company; Baltimore Aircoil Company, Inc.; Beazer East, Inc.; Blaw Knox Corporation; Bondex International, Inc.; Brand Insulations, Inc.; Buffalo Pumps, Inc.; Carrier Corporation; Cattrell Companies, Inc.; Certainteed Corporation; Chemtura Corporation; Cleaver-Brooks Company, Inc.; Cameron International Corporation; Copes-Vulcan, Inc.; Crane Co.; Crane Valves North America & Stockham Company; Crown, Cork & Seal USA, Inc.; DeZurik, Inc.; Dravo Corporation; Dunham-Bush, Inc.; Eaton Electrical, Inc.; Evets Electric, Inc.; F.B. Wright Company; F.B. Wright of Cincinnati; F.B. Wright of Pittsburgh; First Energy Corporation; Flowserve FSD Corporation; Flowserve US, Inc.; Flowserve US, Inc., and its Byron Jackson Pump Division; Fluor Corporation; Fluor Enterprises; FMC Corporation; Foster Wheeler Energy Corporation; Gage Company; Garlock, Inc.; General Electric Company; General Refractories Company; George V. Hamilton, Inc.; Georgia Pacific Corporation; Gorman-Rupp Company; Goulds Pumps; Grinnell Corporation; H.E. Neumann Co.; Hercules, Inc.; Honeywell International, Inc.; Huffman-Wolfe Company; I. U. North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; ITT Corporation; J.W. Danforth Company; John Crane, Inc.; Lennox Industries, Inc.; Leslie Controls, Inc.; Lewis Peter Plumbing and Heating; Lockheed Martin Corporation; Mallinckrodt, Inc.; McJunkin Corporation; Metropolitan Life Insurance Company; Milwaukee Valve Company; Mobay Chemical Corporation; Monongahela Power Company; Mueller Steam Specialty; National Service Industries, Inc.; Nibco, Inc.; O.C. Keckley Company; Nitro Industrial Coverings, Inc.; Oakfabco, Inc.; Ohio Valley Insulating Company, Inc.; Ohio Power Company; Ormet Corporation; Owens-Illinois, Inc.; Peerless Boilers Company; Peerless Pumps, Inc.; Pneumo Abex Corporation; Power City Plumbing & Heating Co.; Power Piping Company; Premier Refractories, Inc.; Rapid American Corporation; Riley Power, Inc.; Rockwell Automations, Inc.; Rust Constructors, Inc.; Rust Engineering & Construction, Inc.; Rust International, Inc.; Ruthrauff Sauer, LLC; Shaw Group; Smith Cast Iron Boilers; Spirax Sarco, Inc.; Square D Company; Standco Industries, Inc.; Sterling Fluid Systems (US), LLC; Stone & Webster, Inc.; Surface Combustion, Inc.; Taco, Inc.; Tasco Insulations, Inc.; Taylored Industries, Inc.; Townsend & Bottum, Inc.; Trane U.S., Inc.; UB West Virginia, Inc.; United Engineers & Constructors, Inc.; Viacom, Inc.; Vimasco Corporation; Virginia Electric Power Company; Washington Group International; Watson McDaniel Company; Warren Pumps; Weil-McLain Company; West Penn Power Company; White Consolidated Industries, Inc.; WMX Technologies, Inc.; Wyeth Holdings Corporation; Yale Materials Handling Corporation; Yarway Corporation; and Zurn Industries, Inc.

The 67 companies named in the Kontras' case are 3M Company; A.W. Chesterton; Ajax Magnethermic Corporation; Allied Glove Corporation; Allied Mineral Products, Inc.; Aurora Pump Company; Beazer East, Inc.; Borg-Warner Automotive, Inc.; Brand Insulations, Inc.; Certainteed Corporation; Cleaver-Brooks Company, Inc.; Columbus McKinnon Corporation; Crane Co.; Dravo Corporation; Eaton Electrical, Inc.; Elliott Turbo Machinery Company; F.B. Wright Company; Flowserve FSD Corporation; Flowserve US, Inc.; FMC Corporation; Ford Motor Company; Foseco, Inc.; Foster Wheeler Energy Corporation; Garlock, Inc.; General Electric Company; George V. Hamilton, Inc.; Goodrich Corporation; Goulds Pumps; Hercules, Inc.; Honeywell International, Inc.; I. U. North America, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll-Rand Company; Insul Company, Inc.; ITT Corporation; Joy Global, Inc.; Kelsey-Hayes Company; Lockheed Martin Corporation; Mallinckrodt, Inc.; Metropolitan Life Insurance Company; Morgan Engineering, Inc.; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Pneumo Abex Corporation; Premier Refractories, Inc.; Rapid American Corporation; Reading Crane; Reliance Electric Company; Rockwell Automations, Inc.; Square D Company; Sterling Fluid Systems (US), LLC; Tasco Insulations, Inc.; Taylored Industries, Inc.; Sager Corporation; Rust Engineering Company; Thiem Corp.; TRW Automotive U.S., LLC; UB West Virginia, Inc.; Uniroyal, Inc.; Viacom, Inc.; and Vimasco Corporation.

Kanawha Circuit Court case numbers: 10-C-0091, 10-C-0093