MOUNDSVILLE – Marshall County residents that live near Williams Ohio Valley Midstream LLC’s oil and gas processing plant are suing the company after they claim the plant has made it unbearable to live in their homes.

Curtis Allen and Karen Allen; Kenneth Allen and Mary Lou Allen; Randall Clark and Wendy Clark; Robert Conner and Janet Conner; Robert Conner and Rosemary Conner; Ronnie Goodrich; James Marsh Jr. and Helen Marsh; Calvin Moninger; Tracylyn Sheedy and Charles Sheedy Jr.; and Debbie Sheedy all own property that is located near land used by Williams for oil and gas processing, according to ten complaints filed Dec. 18 in Marshall Circuit Court.

The plaintiffs claim Williams’ operations have caused fumes, dust, noise and bright light to be present on the plaintiffs’ property during all hours of the day and night.

The continuous and constant smell of the fumes and odors have frequently made it unbearable for the plaintiffs to be outside on their property, according to the suits.

The defendant’s operations have caused air pollution, dust, dirt and debris to travel onto the plaintiffs’ property, which frequently made it unbearable for the plaintiffs to be outside on their property.

The plaintiffs claim the defendant’s operations include large flares, which have caused bright light to enter into their homes throughout the day and night.

The defendant’s actions have caused the plaintiffs to have a reasonable apprehension and risk of explosion and apprehension and risk of exposure to dangerous and toxic substances, compounds and chemical mixtures in the air, according to the suits.

The plaintiffs claim Williams’ continuous and constant traffic, construction and operation of the oil and gas processing plant has caused noise pollution on their property throughout the day and night.

Williams’ actions have caused the plaintiffs annoyance, inconvenience, emotional and mental anguish, stress, anxiety, and marital strife for the married plaintiffs, according to the suits.

The plaintiffs are seeking compensatory, general and punitive damages. They are being represented by James G. Bordas Jr. and Jeremy M. McGraw of Bordas & Bordas PLLC.

The cases are assigned to Circuit Judges David W. Hummel Jr. and Mark A. Karl.

Marshall Circuit Court case number: 14-C-199, 14-C-200, 14-C-201, 14-C-202, 14-C-203, 14-C-204, 14-C-205, 14-C-206, 14-C-207, 14-C-208

MOUNDSVILLE – An Ohio man is suing over claims a 2014 Dodge Ram 2500 pickup he purchased is a lemon.

Justin Lagowski of Bellaire County, Ohio, filed a lawsuit in Marshall Circuit Court against FCA, formerly known as Chrysler Group, and Glen Dale Motor Co.

According to the complaint, Lagowski purchased the truck from Glen Dale Motor Co. on May 6, 2014, and has on numerous times returned it to the dealer because a malfunction indicator light came on. After the dealer made various repairs, the light came back on and remained on, prompting fear that something un-diagnosed will damage the engine, the suit states. Several attempts to have the dealer respond to this latest condition have failed, according to the plaintiff.

Lagowski seeks return of the $43,006.70 he paid for the truck, along with attorney fees and other compensation. He is represented by attorney Frank X. Duff of Schrader Byrd & Companion in Wheeling. The case has been assigned to Circuit Judge Mark A. Karl.

Marshall Circuit Court case number: 14-C-211K

MOUNDSVILLE – A Marshall County chemical company is suing an oil exploration company over claims its drilling has damaged the plaintiff’s brine wells.

Eagle Natrium, a wholly owned subsidiary of a Georgia-based company, filed a lawsuit in Marshall Circuit Court against Triad Hunter, citing extensive damage to its wells because of Triad’s nearby fracking operation.

According to the complaint, in 2012 and 2013 horizontal drilling at three Triad wells caused a blowout and natural gas to escape at one well,and water to escape and damage others.

Eagle, which has estimated its repair costs and lost revenue will be at least $8.5 million, seeks compensatory damages at a jury trial.

Eagle is represented by attorneys  of Berry, Kessler, Crutchfield, Taylor & Gordon in Moundsville, and Katherine M. Kenyon of Meyer, Unkovic and Scott in Pittsburgh. The case has been assigned to Circuit Judge David W. Hummel Jr.

Marshall Circuit Court case number: 14-C 210-H

MOUNDSVILLE – A Cameron man is suing Chrysler over claims a dealership sold him a defective vehicle.

Robert Morgan filed suit Dec. 29 in Marshall Circuit Court against Chrysler Group, citing breach of contract warranty.

According to the complaint, on Oct. 1, 2013, Morgan purchased a 2014 Jeep Grand Cherokee from Rick Hendrick Dodge Chrysler Jeep Ram in Charleston, S.C., for $61,347.40. Chrysler breached the contract and the West Virginia New Motor Vehicle Warranty Act, the suit states, by selling Morgan a vehicle with defective dash lights, speedometer, air condition, seat controls and a front radar sensor. The vehicle vibrated and experienced shift problems, according to the suit.

Morgan seeks revocation of the vehicle and refund of the purchase price, along with costs of repairs and loss, interest and attorney fees. He is represented by attorney John N. Ellem of Ellem Law Offices in Parkersburg.

Marshall Circuit Court case number: 15-C-3H

MOUNDSVILLE – Four people are suing Axiall Corporation after they claim it is responsible for one man’s death and two other employees’ injuries.

Axiall LLC; Jerry Mullens; Robert Feldmeier; Jeff Fox; and Steve Smith were also named as defendants in the suit.

Thomas P. Zahnow, James Starkey and Douglas Carson were employed by Axiall as pipefitters, welders and/or maintenance employees, according to three complaints filed Jan. 21 in Marshall Circuit Court.

In August, a valve on the 1A/1B caustic line running from the North Field Tank at the load pumps near Tanks #2 and #3 began to leak and the defendants rigged up a temporary stopper plate to isolate the faulty valve until it could be repaired and/or replaced, according to the suits.

Holly Jo Zahnow, the executrix of the estate of Thomas P. Zahnow; Starkey; and Douglas Carson and Samantha Carson claim the stopper late used by the defendants failed to comply with required specifications and standards and became bowed.

On Sept. 19, the defendants instructed Thomas P. Zahnow, Starkey and Douglas Carson to replace the faulty valve and, despite the dangers and hazards associated with caustic soda solution, which was stored and transported in the North Field Tank, the defendants knowingly failed to take appropriate safety measures to protect the men and permitted unsafe working conditions to exist, according to the suits.

The plaintiffs claim the defendants failed to appropriately prepare the system for maintenance and failed to ensure that the system had been properly shut down, isolated and cleared out.

The defendants also failed to properly test the pumps and/or lines to ensure they were appropriately shut down, isolated and cleared, according to the suits.

The plaintiffs claim while the men were replacing the faulty valve, they  removed the bowed out stopper plate at which time steam and caustic soda solution gushed and sprayed out at a high pressure and temperature, exposing the men to the chemical and causing them severe and extreme chemical and thermal burns.

Thomas Zahnow ingested the chemical, which caused severe and fatal injuries, which caused his death on Oct. 1.

As a direct and proximate result of the defendants’ actions, the plaintiffs were damaged and injured, according to the suits.

The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Robert P. Fitzsimmons and Clayton J. Fitzsimmons of Fitzsimmons Law Firm PLLC; and Gregory A. Gellner of Gellner Law Offices.

Marshall Circuit Court case numbers: 15-C-13, 15-C-14, 15-C-15

MOUNDSVILLE – A woman is suing a Walmart chain store over claims she tripped on a loose rug.

Melanie Jeanne Carr filed a recent lawsuit in Marshall Circuit Court against Walmart Supercenter and Walmart Stores East.

According to the complaint, on Jan. 31, 2013, Carr slipped and fell on a loose rug as she was exiting the store at 10 Walmart Drive, Moundsville.

Walmart Supercenter negligently failed to maintain the floor area from tripping hazards and failed to warm business invitees of the danger, the suit states, and failed to take proper measures to eliminate the danger.

Carr seeks damages for injuries sustained, along with interest and costs. She is represented by attorney Herman D. Lantz of Lantz Law Offices in Moundsville.

Marshall Circuit Court case number: 15-C-10K

MOUNDSVILLE – A man is suing a Charleston business for allegedly wrongfully terminating his employment

Richard E. Baker II filed a lawsuit Jan. 21 in Marshall Circuit Court against, Certainteed-Gypsum West Virginia Inc., alleging violation of the West Virginia Wage Payment and Collection Act.

According to the complaint, Baker was employed by Certainteed-Gypsum West Virginia from Aug. 27, 2007 until June 20, 2014. Baker was terminated by Certainteed-Gypsum on June 20, 2014, the suit states, after he requested a temporary leave of absence and applied for short-term disability due to a shoulder injury he sustained June 9, 2014 while off work.

Certainteed-Gypsum West Virginia willfully and maliciously terminated Baker’s employment, causing him to sustain losses, the suit states, and Certainteed-Gypsum refused to pay him earned wages.

Baker is represented by attorney Ronald Kasserman of Kasserman Law Offices in Wheeling.

Marshall Circuit Court case number: 15-C-16K

MOUNDSVILLE – An electrician suffering from epilepsy has sued his employer for wrongful termination, contending he was fired for his condition.

Michael Hurley filed a lawsuit Jan. 8 against PAR Electrical Contractors in Marshall Circuit Court.

According to the complaint, in January 2014, after Hurley felt seizures coming on, he was terminated by PAR due to a “reduction in force.” The complaint indicates that Hurley later learned he was the only worker terminated. Hurley takes medication for his epilepsy and had a “return to work slip” from his doctor, the lawsuit states.

Hurley seeks damages for lost income. Attorney Patrick S. Cassidy, of Cassidy, Cogan, Shappel and Voegelin in Wheeling, is representing Hurley.

Marshall Circuit Court case number: 15-C-6K

MOUNDSVILLE – A construction worker is suing his boss after he allegedly fell off a roof during a job, resulting in traumatic brain injury.

Christopher Ross, a minor, through his guardian and parent Anita Rush, filed a lawsuit Jan. 26 against C.S. Loy Construction in Marshall Circuit Court.

According to the complaint, in July 2013 the company allowed Ross to work on a roof without training and without protective sides. Ross fell 18 feet off the roof and hit his head on the concrete sidewalk below, the suit states, and he suffered skull and facial fractures and brain injury.

Ross and Rush seek damages for a permanently disabling injury as well as compensation for Ross’ medical bills and lost income. The plaintiffs are represented by attorney Brent E. Wear of the Fitzsimmons Law Firm in Wheeling.

Marshall Circuit Court case number: 15-C-17H.

MOUNDSVILLE – A man is suing 52 companies he claims are responsible for his asbestos-related lung disease.

Robert Jean Wright was diagnosed with asbestos-related lung disease on March 7, 2013, according to a complaint filed in Marshall Circuit Court.

Wright claims he was exposed to asbestos dust at various jobsites during his career.

The defendants’ negligence in allowing Wright to be exposed to asbestos dust caused him to develop lung disease, according to the suit.

Wright claims the defendants failed to warn him of the dangers of the products and failed to take reasonable precautions to warn him of the dangers.

The defendants also failed to inform Wright of what would be safe and sufficient apparel for a person who was exposed to the products and failed to test asbestos-containing products in order to ascertain the dangers involved, according to the suit.

Wright claims the defendants failed to inform him of what would be safe and proper methods of handling or using the products and failed to remove asbestos-containing products from the market when they knew or should have known of the hazards of exposure.

Wright is seeking compensatory and punitive damages. He is being represented by Leslie Ann James of Hartley & O’Brien PLLC.

Some of the 52 defendants named in the suit include American Gage & Machine Company; Ametek Inc.; Atlas Industries Inc.; Bayer Cropscience; Beazer East Inc.; Brand Insulations Inc.; Catalytic Construction Company; CBS Corporation; Certainteed Corporation; and Crane Company Inc.

Marshall Circuit Court case number: 15-C-24

MOUNDSVILLE – An employee and a widow are suing Davis H. Elliott Construction Co. for injuries and one employee’s death.

Murray Energy Corporation; John Does 1-10 and John Doe Corporations 1-10 were also named as defendants in the suits.

On Nov. 3, the defendants forced Christopher Lynn Peterson and Gregory Alan Pruitt into a dangerous situation in the handling of electrical wires, according to two complaints filed Feb. 23 in Marshall Circuit Court.

Peterson and Amity Rose Pruitt claim Peterson was injured and Gregory Pruitt was killed as a result of the defendants’ actions.

The defendants owed a duty to provide  the plaintiffs were a safe place in which to work, and breached this duty when it failed to provide the plaintiffs with proper training, safety equipment and/or in other ways failed to provide for the safety and welfare of the plaintiffs, according to the suits.

The plaintiffs claim prior to the incident, the defendants failed to provide Peterson and Gregory Pruitt with the proper equipment/training and violated appropriate regulations, failed to inspect the site of the fatality prior to forcing the plaintiffs to engage in the dangerous act that caused Gregory Pruitt’s untimely death and Peterson’s injury.

As a direct and proximate result of the defendants’ wrongful misconduct, Gregory Pruitt’s estate and Peterson were harmed, injured and damaged, according to the suits.

The plaintiffs are seeking compensatory and punitive damages. They are being represented by D. Adrian Hoosier II of the Hoosier Law Firm PLLC.

The cases are assigned to Circuit Judges Mark A. Karl and David W. Hummel Jr.

Marshall Circuit Court case numbers: 15-C-34, 15-C-35

CHARLESTON – Second Circuit Judge Mark A. Karl is retiring at the end of the month, and the state Supreme Court has assigned two senior status judges to fill in until a successor is appointed.

Karl

Senior Status Judge Robert B. Stone will preside in the circuit – which covers Marshall, Wetzel and Tyler counties – through April. On May 1, Senior Status Judge Arthur Recht will preside.

The Judicial Vacancy Advisory Committee soon will be accepting applications for the open seat. The appointed judge will fill the seat until the 2016 election.

The JVAC, which consists of four public members and four attorneys, will accept applications for the position and meet to discuss potential replacements. Interviews will be conducted, with the committee recommending between two and five candidates to Gov. Earl Ray Tomblin within 90 days. Tomblin then has 30 days to appoint an interim judge.

Applications for the Karl position must be submitted to the JVAC timeframe by May 5. Letters of recommendation and comment must be submitted by May 12. Interviews will be May 18.

Chief Judge David W. Hummel is the other judge in the Second Circuit.

CHARLESTON – More than 30 businesses with video lottery terminals have filed lawsuits against the West Virginia Lottery Commission and an international gaming company for a computer change they claim will make their terminals “worthless.”

The businesses, along with the West Virginia Amusement & Limited Video Lottery Association, filed the suits last week in Kanawha Circuit Court. In addition to the state Lottery, Lottery Director John Musgrave and gaming company IGT Inc. are named as defendants.

According to the complaint, these 32 businesses were award limited video lottery (LVL) terminals in 2011, which was the last 10-year renewal period.

“The plaintiffs range from very small LVL retail locations with as few as five permits to operators with more than 500,” the WVALVLA states. “They collectively paid the (West Virginia) Lottery millions of dollars for permits to operate terminals from 2011 to 2021 with the understanding they could use their existing terminals.”

But the plaintiffs contend the Lottery and IGT negotiated to require the plaintiffs to either buy new terminals or pay IGT for “a costly upgrade” by the end of 2017. They say before the bids were submitted in 2011, the state Lottery held two educational seminars with an IGT representative. There, potential bidders were told they could use terminals with either the ICIS or SAS protocol, or computer language.

According to the complaint, the Lottery and IGT had private discussions in the year following the bid in which IGT said it no longer would service or support ICIC protocol after 2015, which is when the current contract for the state Lottery’s central computer system was set to expire.

“IGT owns the rights to both the ICIS and SAS protocols, as well as being the manufacturer of most of the LVL terminals in the state,” the WVALVLA said in a press release. “At the time, 100 percent of all terminals were in the ICIS protocol, and bidders relied on the ability to continue to use their existing terminals or buy used terminals in that protocol.”

WVALVLA spokesman Michael Haid said his members feel swindled.

“These West Virginia businesses would not have bid for as many permits or paid nearly as much for a permit if they thought that existing terminals would be made obsolete before the end of the permit period,” he said. “Many of our members feel like they have been subject to a classic ‘bait-and-switch.’”

Haid said members of his group were not told of this plan by either the state Lottery or by IGT. Still, the plaintiffs say the state Lottery extended its contract for its current central computer system until 2017, and it negotiated a deal with IGT for the company to offer permit holders a conversion kit to allow ICIS terminals to function as SAS terminals.

“With encouragement and approval by the lottery, permit holders bought thousands of the conversion kits from IGT, paying between $1,000 and $3,000 apiece, often borrowing from IGT or banks to do so,” the plaintiffs say. “Despite having been approved by the Lottery last fall, most of the kits are deficient and cannot be installed.

“In addition, the Lottery has proceeded with plans to take bids for a new central computer system that will no longer accept terminals in the ICIS after 2017, more than three years before the current 10-year permit period ends in 2021. In addition to paying for conversion kits or new terminals, permit holders will have millions of dollars in other expenses related to the change in protocol because an expensive ‘site controller’ must also be installed at most of the retail locations.”

The WVALVLA says the state Lottery and IGT essentially are forcing small West Virginia businesses to pay millions unnecessarily to a huge international corporation. IGT recently was acquired by G-Tech, another gaming giant. Before the merger, IGT’s annual profit was tens of millions of dollars more than the combined revenue of West Virginia’s 1,500 LVL operators, the press release states.

“This is money that should stay in West Virginia and could be used by the restaurants, taverns and others in the video lottery business to employ and help other West Virginians,” Haid said.

The plaintiffs listed in the complaints are A-1 Amusement Inc. of Wood County, Action Gaming Inc. of Ohio County, Lottery Technologies LLC of Mineral County, Blue Diamond LLC of Berkeley County, CD 3 LLC of Ohio County, Clay Music Corporation of Kanawha County, Coach’s Club Association of Marshall County, Dustyn Enterprises of Cabell County, Elm Room Inc. of Hancock County, Fabulous 50’s Café LLC of Hancock County, Gridcoach LLC of Brooke County, Hot 5 Stop LLC of Berkeley County, J-Bird LLC of Berkeley County, J&J Amusment LLC of Berkeley County, Jerry’s Bar Association of Marshall County, LeeJay Inc. of Wood County, LL&M Inc. of Berkeley County, Mimi’s Inc. of Kanawha County, Mountaineer Music LLC of Kanawha County, Nitro Lodge #565 of Kanawha County, PDM Associates of Weirton LLC of Hancock County, Palatokas Associates LLC of Hancock County, Patty’s Inc. of Kanawha County, Progressive Video Lottery LTD of Monongalia County, Random World LTD of Mercer County, TA Vending LLC of Ohio County, The Lounge LLC of Berkeley County, Tiffany’s LLC of Ohio County, Trans-Allegheny Enterprises LLC of Wood County, Wheeling Coin LLC of Ohio County, Woldap LLC of Mason County and WV ‘Café” Holding Company LLC of Wood County.

They accuse the defendants of regulatory taking, violation of due process rights, tortious interference, fraudulent inducement/concealment, business and economic duress, unjust enrichment and civil conspiracy. They seek compensatory and punitive damages and to order the defendants to support the ICIS protocol through the entire 10-year period to 2021 and/or order defendants to cover costs to switch to the SAS protocol. They also seek court costs, attorney fees and other relief.

They are represented by William C. Brewer and J. Tyler Slavey of the Morgantown law firm of Brewer & Giggenbach PLLC.

Kanawha Circuit Court case numbers 15-C-914 to 15-C-946

CHARLESTON – Gov. Earl Ray Tomblin on Thursday appointed Jeffrey D. Cramer as Circuit Court Judge for the 2nd Judicial Court Circuit serving Marshall, Tyler and Wetzel counties.

Cramer

Cramer will fill the vacancy created by the resignation of former Circuit Court Judge Mark Karl.  The appointment is effective immediately.

“Jeff’s background as a county prosecutor and his commitment to his community make him an outstanding choice for the 2nd Circuit,” Tomblin said. “I appreciate his willingness to continue serve his community and our state in a new capacity.”

A graduate of West Virginia University and West Virginia University College of Law, Cramer began his career as an associated at Berry, Kessler, Crutchfield & Taylor in Moundsville in 1997. He served as Marshall County’s assistant prosecutor from 1999 to 2005, was appointed prosecuting attorney in 2005 and elected to that post in 2006, 2008 and 2012.

Cramer is a longtime Little League baseball coach, is active in the Moundsville Lions Club and a supporter of 4-H and Future Farmers of America.

“I’m proud of my work as Marshall County prosecutor and look forward to serving in this new role,” Cramer said.