IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA. BRENT CARTER FLANARY, Plaintiff, v. Civil Action No. 08-C-. Honorable POCAHONTAS COUNTY COMMISSION; POCAHONTAS COUNTY SHERIFF'S DEPARTMENT; OFFICE OF THE PROSECUTING ATTORNEY OF POCAHONTAS COUNTY; THE WEST VIRGINIA STATE POLICE, and COLONEL DAVID L. LEMON, individually and in his official capacity as Superintendent of The West Virginia State Police, and TROOPER B.E. COLLINS, individually and in his official capacity, and TROOPER F. H BARLOW, individually and in his official capacity, and TROOPERS JOHN DOE 1-2, individually and in their official capacities; and WEST VIRGINIA DEPARTMENT OF MILITARY AFFAIRS & PUBLIC SAFETY, and JAMES W. SPEARS, individually and in his official capacity as Secretary of West Virginia Department of Military Affairs & Public Safety; WILLIAM R, SHARPE, JR. HOSPITAL, and KEVIN P. STALNAKER, individually and in his official capacity as Chief Executive Officer; and AHMED ABORAYA, individually and in his official capacity as an employee of William R. Sharpe, Jr. Hospital, PARAMJIT CHUMBER, individually and in his official capacity as an employee of William R. Sharpe Jr. Hospital, and NEIL L. MOGGE, individually and in his official capacity as an employee of William R. Sharpe Jf. Hospital, ABE ADEL, individually and in his official capacity as an employee of William R. Sharpe J. Hospital, NITIN MALIK, individually and in his official capacity as an employee of William R. Sharpe Jf. Hospital, CHERYL FRANCE, individually and in her official capacity as an employee of William R. Sharpe Jr. Hospital; and WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, and MARTHA YEAGER WALKER, individually and in her official capacity as Secretary of the West Virginia Department of Health and Human Resources; and WEST VIRGINIA REGIONAL JAIL AND CORRECTIONALFlanary v. Pocahontas County, etal Civil Action No, 08-C- Page 2 FACILITY AUTHORITY, and TERRY L. MILLER, individually and in his official capacity as Executive Director of the West Virginia Regional Jail and Correctional Facility Authority; and TYGART VALLEY REGIONAL JAIL, and MICHAEL MARTIN, individually and as Administrator of the Tygart Valley Regional Jail; and JOHN DOES 1, 2, 3 and 4, individually and in their official capacities as employees of the Tygart Valley Regional Jail; and SENECA HEALTH SERVICES, INC., a West Virginia corporation, and DONNA L. DEAN, individually and as an employee of Seneca Health Services, Inc.; and SNOWSHOE MOUNTAIN, INC., a West Virginia Corporation, and BILL ROCK, individually and as an employee of Snowshoe Mountain, Inc., and WILLIAM GILLESPIE, individually and as an employee of Snowshoe Mountain, Inc., and JOHN DOES 5, 6, 7, and 8, individually and as employees of Snowshoe Mountain, Inc., and POCAHONTAS MEMORIAL HOSPITAL, Defendants. COMPLAINT Comes now the Plaintiff, Brent Carter Flanary, by and through counsel, John H Bryan, and for his Complaint states as follows: PARTIES AND JURISDICTION 1 The Plaintiff, Brent Carter Flanary, is now and was at all times relevant hereto, a resident of Wake County, North Carolina. 2. Defendant Pocahontas County Commission ("County Commission”) is a political subdivision of the State of West Virginia and, as such, is liable for the negligent conduct of its agents and employees including the Sheriff, the Sheriff's Department, and employees of the Sheriff's Department, as well as the Prosecuting Attorney and employees of the Prosecuting Attorney, and Pochontas Memorial Hospital and it's JOHN H. BRYAN, ATTORNEY AT LAW 611 Main Steet + P.O. Box 366 + Union, West Virginia 24983 + Telephone 304-772-4999 + Facsimile 304-772-4998