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CIVIL FILINGS: Marshall County

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Jan. 14
Roger L. Hall vs. Medtronic Inc.
PA- Roger R. Weese; J- Hummel
* A pacemaker manufactured by Medtronic was installed in Plaintiff’s chest on April 23, 2004, at Reynolds Memorial Hospital. On Jan. 14, 2008, a representative discovered that the pacemaker had never been activated and corrected the problem. Plaintiff suffered irreparable damages in being forced to live a convalescent lifestyle for two years. A compensatory judgment is demanded.
Case number: 10-C-9

Jan. 20
Steven T. Rice and Tammie R. Rice vs. James Scott Yocum, Clifton E. Yocum and Sondra Yocum
PA- Gregory A. Gellner; J- Karl
* On Jan. 23, 2008, James Yocum was driving on Route 250 northbound behind plaintiffs when he failed to slow for an icy patch of roadway, causing his vehicle to strike plaintiffs in the rear. It is claimed the willful tailgating was to intimidate them from testifying against him in a criminal case. Direct results of the acts have caused various medical expenses to be suffered. Adequate compensation and punitive damages are sought.
Case number: 10-C-12

Jan. 27
Fred C. White and Violet L. White vs. McElroy Coal Company
PA- Eric M. Gordon; J- Karl
* Parties entered an agreement resolving issues related to loss of water resources that occurred to the plaintiff’ property as a result of defendant’s longwall mining operations. A breach resulted in plaintiffs being unable to repair a certain livestock drinker on their property, as well as pay for a new installed water line. An Order is sought to enforce payment of $303,848.64.
Case number: 10-C-18


CIVIL FILINGS: Marshall County

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Jan. 29
Roberta Stern vs. Farmers Group Inc. and 21st Century Insurance Company, a former member of AIG
PA- David A. Jividen; Chad C. Groome; J- Hummel
* On March 23, 2005, on Fork Ridge Road, Robert Simmons caused a rear- end collision with plaintiff. She was offered a settlement by Nationwide for the available policy limits of $25,000 which required plaintiff to make a claim against her policy issued by AIG.
Case number: 10-C-19

Feb. 1
National Credit Union Administration, a U.S. Government Agency, Liquidating Agent for the Center Valley Federal Credit Union vs. John T. Morris and Charlene D. Anderson
PA- Jason S. Long; J- Karl
* An open-end voucher and security agreement was entered for a principal amount of $41,500. After deducting all payments made on the contract, the current net payoff as of Jan. 31, 2010, is $38,326.52.
Case number: 10-C-22

Feb. 3
Kayla Mirandy vs. Hunter VanScyoc and Theresa VanScyoc
PA- Anthony I. Werner; J- Hummel
* Plaintiff was a passenger in a crash on July 11, 2009, involving an all-terrain vehicle operated by defendant Hunter VanScyoc and owned by Theresa VanScyoc. The crash occurred when the vehicle left the roadway; went over a hill and ejected plaintiff from the vehicle. Defendants are, jointly and severally, liable and should have known their child would pose a risk by consuming alcohol or some other intoxicant. Compensatory and punitive damages are sought.
Case number: 10-C-23

Feb. 8
Stephanie Parker, as Duly Appointed Administratrix of the Estate of Rodney F. Anderson vs. Nationwide Mutual Insurance Company
PA- Gregory A. Gellner; J- Karl
* On Feb. 21, 2008, decedent Anderson was a passenger in a vehicle operated by Troy Mackey. While traveling south on Sandhill, this vehicle was caused to go left of center and crash violently into Mark Cain. Mackey plead guilty to driving under the influence and Anderson’s estate claims entitlement for damages of pain and suffering as a direct result of the foregoing alleged acts.
Case number: 10-C-24

Feb. 4
Heather D. Timmins vs. Troy Allen Mackey
PA- Diana H. Crutchfield; J- Karl
* Plaintiff was a front seat passenger in a vehicle driven by Mark Cain on Feb. 21, 2008. While traveling northbound at the intersection of Sandhill and Hazlett Hill roads, defendant’s vehicle went onto the left side of the road and struck the automobile in which plaintiff was a passenger. Negligence is claimed due to defendant operating his vehicle in a negligent manner by driving while under the influence of alcohol.
Case number: 10-C-26

Feb. 8
Helen Tucker and Mound City Inc. vs. Steven L. Thomas, Koffee Shop, Ohio Valley Amusement Company, M.L.H., LLC, et. al.
PA- Paul J. Harris; Kevin L. Neiswonger; J- Karl
* This matter concerns the wrongful conduct of defendants, individually and collectively, to defraud plaintiff of their property and injure them in their business affairs. Schemes to defraud plaintiffs were not limited to converting stock and instructing lessee’s not to pay rent. Compensatory damages of $12,000,000 are demanded, along with punitive damages for actions deemed tantamount to racketeering.
Case number: 10-C-28

Feb. 11
George Lightner, as Administrator of the Estate of Chaz Lightner vs. Archie Stevey and Sabrina Stevey, dba Acorn Tree Service, and Charles R. Williams
PA- Rodney T. Berry; J- Karl
* A party took place among juveniles at the defendant’s home and business address, on Feb. 10, 2008. Plaintiff’s son, Chaz Lightner, was a guest at the party and after consuming alcohol was placed on a couch within the home. He was discovered dead during the morning hours. The Estate demands sufficient punitive damages.
Case number: 10-C-31

CIVIL FILINGS: Marshall County

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Feb. 19
Linda Coone vs. Moundsville Plaza Associates LP, et. al.
PA- Ronald Zavolta; J- Hummel
* Plaintiff slipped and fell on an unsafe parking lot walkway surface on Feb. 19, 2008. She sustained injuries, damages, and losses. Compensatory damages are demanded for loss of earning capacity.
Case number: 10-C-37

W. Eric Gadd, trustee vs. Robert R. Kidd, Dawn M. Kidd, and Anson Street LLC
PA- Gerasimos Sklavounakis; J- Karl
* This action involves proceeds from the sale of real property. The Court is sought to determine who is entitled to the surplus amount of $9,740.29 from the foreclosure sale.
Case number: 10-C-38

Brenda Cain vs. Troy Mackey and James Mackey
PA- Gerasimos Sklavounakis; J- Hummel
* Defendant violently collided with a vehicle in which Cain was a back seat passenger on Feb. 21, 2008. This incident occurred on Sand Hill road when defendant drove his vehicle under the influence and left of center. Cain claims permanent damages for which she continues to incur medical expenses.
Case number: 10-C-39

CIVIL FILINGS: Marshall County

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Feb. 22
Cory Chanze vs. Maureen A. Everly
PA- Daniel M. Balgo; J- Karl
* Plaintiff’s vehicle was struck on May 27, 2008, while traveling on W.Va. 2. As a result, medical expenses were incurred and damages are sought for the aggravation.
Case number: 10-C-40

Erie Insurance Property & Casualty Company, as subrogee of James Drake vs. Jeffrey D. Sorg and Crystal Crum
PA- Ryan S. Marsteller; J- Hummel
* As a result of a collision on March 31, 2009, plaintiff is now subrogated to the extent of $8,633.98. This amount is sought as judgment against Crum.
Case number: 10-C-41

Feb. 23
Arlene White, Executrix of the Estate of Don Allen White, deceased vs. CSX Transportation Inc., Individually as a successor- in- interest to the Chesapeake & Ohio Railroad, Baltimore & Ohio Railroad, Chessie System Railroad and Western Maryland Railway
PA- R. Dean Hartley; J- Karl
* Plaintiff’s decedent worked as an engineer for 27 years while unaware that the toxic substances he was exposed to were potentially deadly. As a result of the injuries sustained, he underwent extensive medical treatment prior to his death. This action seeks to recover the medical expenses incurred.
Case number: 10-C-42

March 1
Linda S. Tyler vs. William A. Tyler, II, individually, d/b/a Tyler Truck Caps, et. al.
PA- T.C. McCarthy, Jr.; J- Hummel
* Since the death of Russell Tyler, defendants are said to have acted in concert with each other in a conspiracy to obtain monies from Plaintiff for the benefit of themselves and Tyler Truck Caps. A pattern of threats were produced to coerce and extract money. Compensatory damages of $350,000 and punitive damages of one million dollars are deemed just.
Case number: 10-C-43

Thomas E. Bell vs. Ronald H. Norris
PA- Rodney T. Berry, Jr.; J- Karl
* While traveling south on W.Va. 2, Bell’s vehicle was struck on March 26, 2008. Personal injuries have been suffered resulting in medical expenses and lost wages. A sufficient judgment is demanded to compensate him.
Case number: 10-C-44

Erie Insurance Property & Casualty Company, as subrogee of Amanda Ferris, Angela Ferris and Ellen L. Shaffer, vs. Dejah Jeffers and Dylan Jeffers
PA- Ryan S. Marsteller; J- Hummel
* On Oct. 30, 2008, at 8th Street and Lockwood Avenue, Dylan Jeffers collided with three motor vehicles. The insured submitted recoverable claims totaling $17,097.89. The defendant is liable to the plaintiff for all damages and judgment is sought for this amount.
Case number: 10-C-45

CIVIL FILINGS: Marshall County

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March 10
Alberta O’Brien, as Executrix of the Estate of Shirley Ferguson, deceased vs. Allstate Insurance Company and Larry D. Poynter, individually, and Ed Steen, individually
PA- Christopher J. Regan; J- Karl
* The plaintiff’s decedent received serious and permanent injuries in a collision caused by Barbera Newsome on Apr. 18, 1988. Due to the severity of these injuries, decedent was entitled to recover compensatory damages in excess of $250,000. An award is requested along with punitive damages.
Case number: 10-C-54

Traci Lynn Lee fka Traci Lynn Sizemore vs. Allstate Insurance Company and Larry D. Poynter, individually, and Larry D. Keeper, individually
PA- Christopher J. Regan; J- Hummel
* Plaintiff received serious injuries, in an accident caused by Sandra Abston, on Mar. 9, 1992, in Kanawha County. Given the severity of the injuries sustained, she was entitled to recover compensatory damages in excess of $170,000. The full stackable amount of underinsured coverage was concealed. A compensatory judgment as well as a punitive award is demanded.
Case number: 10-C-55

March 11
Dorothy L. Myers and Wesley Myers vs. Conseco Health Insurance Company
PA- Ronald Wm Kasserman; J- Karl
* In 1994, Dorothy Myers purchased two insurance policies covering herself and her husband. Upon her retirement, she set up automatic premium withdrawals from her checking account. A review of her checking account revealed that schedule had not been implemented. Subsequently, she received refunds of the policies. A compensatory judgment is demanded for the fraudulent representations by Consec’s representative.
Case number: 10-C-56

CIVIL FILINGS: Marshall County

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March 12
Nellie Spencer and Robert W. Spencer, Jr. vs. Jamie Carter and Bruce A. Carter
PA- C. Richard Wilson; J- Hummel
* On Nov. 25, 2008, the plaintiff, Nellie Spencer, was traveling north on W.Va. 2 in Glen Dale. Defendant, Jamie Carter, failed to realize the plaintiff was stopped and collided with the rear of plaintiff’s vehicle. As a direct and proximate result, Spencer suffered personal injuries which may be continuing in nature. Compensatory damages are sought in an amount to be determined by jury.
Case number: 10-C-57

March 22
Jerry Herback and Jennifer Herback vs. Busy Beaver Building Centers, Inc. and Kevin McCauley, an individual
PA- Nicholas A. Wininsky; Gregory A. Gellner; J- Karl
* Jerry Herback was employed by Busy Beaver as Manager of the Moundsville store until his termination on Aug. 11, 2009. In the time frame immediately preceding Herback’s termination by Busy Beaver, he had discussed with McCauley a desire to obtain a second job as an insurance broker. During his employment, his evaluations revealed a superlative job performance. His termination was cited for reasons relating to substandard work performance. McCauley told Herback, during the termination conversation, that “I know that you called the corporate office on me.” Herback believes his termination was motivated by wrongful retaliation in his attempt to exercise his right to pursue a second job.
Case number: 10-C-62

April 8
Heather Gianangeli, Allissa Gianangeli, Anna Sue Gianangeli, and Aiden Marie Gianangeli, by the their parent and legal guardian Heather Gianangeli vs. Muriel Sechrest
PA- David L. Delk, Jr.; J- Karl
* On April 22, 2008, in Moundsville, defendant negligently operated her vehicle and collided with Heather Gianangeli. As a direct and proximate result of this careless act the plaintiffs have s incurred bodily injuries that may appear permanent. Compensatory damages are demanded.
Case number: 10-C-74

CIVIL FILINGS: Marshall County

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April 12
Citibank South Dakota N.A. vs. James Howard Blake
PA- E. Taylor George; J- Hummel
* Defendant is indebted to the plaintiff for the sum of $17,382.46. Demand is made for the sums set forth with court costs.
Case number: 10-C-77

April 13
West Virginia National Auto Insurance Company, Inc., a/s/o Alice Mysliwiec and Denise Fassett
vs. Crystal Crum and Jefrey Sorg
PA- Allison S. McClure; J- Karl
* On March 31, 2009, Sorg was traveling on W.Va. 2 in Moundsville in Crum’s vehicle. He changed lanes and subsequently lost control and struck the vehicle in front of him, which was stopped in traffic. Sorg’s collision with the car in front of him caused a chain reaction. Fassett’s vehicle was deemed a total loss. Compensatory damages of $4,887.52 for all payments made with costs of this suit are sought.
Case number: 10-C-78

Joseph Angott Jr. And Harriett L. Angott vs. Thad Conwell; Brandon Muldrew, Individually and dba B&M Detailing; and Raymond Muldrew
PA- Robert P. Fitzsimmons; J- Hummel
* On Aug. 18, 2008, plaintiff was stopped on the entrance ramp to Interstate 70 East, when they were struck by Conwell. Joseph Angott has incurred medical care expenses of $6,692.29; Harriett Angott has incurred medical care expenses of $5,779. Compensatory damages are sought, jointly and severally.
Case number: 10-C-79

April 16
Regina Fazen, individually and as guardian and next friend of Mariah Fazen, a minor child vs. Jerry and Harold’s Doors Unlimited, Inc., and Richard J. Pockl
PA- David A. Jividen; J- Karl
* A collision occurred on Jan. 14, 2010 on W.Va. 250. Plaintiff was struck and collided with another vehicle. Affirmative defenses are raised and a jury trial is demanded.
Case number: 10-C-80

Joel Sansone and Cassandra Sansone vs. Amanda M. Merinar, and Kenneth Merinar
PA- David P. Robinson; J- Karl
* Failure to yield the right of way is claimed for an Apr. 17, 2008 collision that occurred on W.Va. 250 by Wheeling Avenue. The complaint says Kenneth Merinar should have known that the defendant was unfit to operate the motor vehicle. Compensatory judgment is demanded.
Case number: 10-C-82

April 21
Alvin R. Anderson and Jackie Lynn Anderson and John H. Anderson and Brenda Lynn Anderson vs. McElroy Coal Company, a corporation
PA- Eric M. Gordon; J- Karl
* Defendant conducted longwall mining operations adjacent to the plaintiffs’ parcel in May or June 2008. As a direct and proximate result of the operations, damages, including slips on the land, cracks in the surface, loss of timber, and the inability to use the land as it was intended has resulted. Defendant’s failure to repair the plaintiffs is in violation of the Surface Coal Mining and Reclamation Control Act. Sufficient compensation is demanded.
Case number: 10-C-84

Joseph A. Giovengo and Michelle M. Giovengo vs. Jeremy L. Gaiser
PA- David A. Jividen; J- Hummel
* While traveling on W.Va. 2 near the Marshall Street Exit in Benwood, on Sept. 17, 2009, defendant struck the rear of plaintiff’s vehicle. Joseph Giovengo suffered damages and medical expenses of $3,639. Sufficient compensation for their injuries is sought.
Case number: 10-C-85

April 22
Serra Tharp and Randy Tharp vs. Christine Beabout, Daniel Caldwell, Sonya Caldwell
PA- C. Richard Wilson; J- Karl
* Christine Beabout was operating a vehicle owned by Daniel and Sonya Caldwell. She failed to realize the plaintiff’s were stopped and rear- ended their vehicle on Apr. 25, 2008. Serra Tharp suffered personal injuries and damages. Compensatory damages are demanded in an amount determined by jury.
Case number: 10-C-86

April 28
Fred G. Fox and Patricia Fox vs. Chrysler Group, LLC
PA- Gerald E. Lofstead III; J- Karl
* The bankruptcy filed by Chrysler on Apr. 30, 2009 agreed to recognize and pay liabilities under Lemon Laws. Plaintiff’s purchase of a Grand Caravan was covered under the manufacturer’s limited warranty. An electrical problem at issue resulted in substantial impairment to the use of this vehicle. An award of reasonable fees and expenses are sought.
Case number: 10-C-88

Kimberly Y. Pugh and David Pugh vs. Primary Aim, LLC, d/b/a Wendy’s International Inc., John Doe and Jane Doe
PA- William A. Kolibash; J- Hummel
* Kimberly Pugh ordered a salad and chicken wrap from the Lafayette Avenue drive thru in Moundsville. She says she was short changed on her twenty dollar bill and complained. Upon information and belief, the defendants had adulterated the aforementioned order. She noticed something was wrong and she spat out what was in her mouth. She looked into the salad and noticed additional pubic hair as well. Plaintiff’s injuries arise to the level of gross fraud or reckless conduct. An adequate punitive judgment is demanded.
Case number: 10-C-89

CIVIL FILINGS: Marshall County

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May 3
Bayer Heritage Credit Union, a corporation vs. Russell L. Rice, Jr.
PA- E. Taylor George; J- Hummel
* On Oct. 26, 2007, defendant borrowed $27,373.16, secured by a 2004 GMC Sierra. On June 23, 2008, a $13,721.73 loan was secured with a 2004 Harley Davidson motorcycle. The securities for these loans were repossessed and sold at public auction. Judgment is demanded for the outstanding balance of $22,122.35.
Case number: 10-C-91

May 4
Pamela K. Myers and Jack Myers vs. April Ostrander
PA- Jeremy M. McGraw; J- Hummel
* On the Jefferson Extension, in Moundsville, defendant drove into the side of a vehicle driven by Pamela Myers. The Sept. 23, 2008, incident was the direct and proximate result of injuries she suffered to her head. Compensatory and general damages are sought for medical and hospital expenses.
Case number: 10-C-93

May 6
Sener Calis vs. Consol Energy, Inc.
PA- Jeffrey A. Grove; J- Hummel
* The plaintiff was 66 years of age and an industrial engineering manager earning an annual salary of $113,275. His employment began in January 1971 and ended on Nov. 17, 2009. His termination was claimed due to the Company’s reorganization including the elimination of certain positions. Although a number of industrial engineers were hired in the weeks prior to his termination, none of these new hires were selected for termination. The defendant’s conduct in failing to pay plaintiff the retirement benefits as promised in 2005 further constitute a breach of contract. Full compensation for all damages is demanded.
Case number: 10-C-95

A & B Auto Sales, Inc., Michael Ferns, Sr. And Michael Ferns, Jr. vs. United Bank, Inc., a West Virginia Corporation and Anna M. Carter
PA- Theodore L. Tsoras; J- Karl
* Plaintiffs entered a floor financing agreement in which defendant United gave loan advances against collateral (new and used automobiles). United performed monthly floor plan inspections, among other duties, verifying the collateral and detect any irregularities. Based upon information and belief, Carter embezzled in excess of $550,000. Compensatory and punitive damages in excess of five million dollars are demanded.
Case number: 10-C-96

May 17
West Virginia National Auto Insurance Company vs. Lisa Deann Simms
PA-Natalie A. Givan; J- Hummel
* On April 18, 2009, Simms was traveling at a higher than appropriate rate of speed near the Dragon Mart parking lot in Cameron. She was unable to stop and struck the vehicle owned by operated by Gwen Wood. Plaintiff claims compensatory damages in the amount of $7,201.83. This reflects direct payments by Wood ($300) and by West Virginia National Auto ($6,999.33) on behalf of the insured as a result of the collision.
Case number: 10-C-99


CIVIL FILINGS: Marshall County

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June 26
Brenda L. Miller and Robert Diotti vs. Fred C. Hlad, III, individually and d/b/a Allstate Construction
PA- James G. Bordas, Jr.; J- Hummel
* This case was transferred from Ohio County. Brenda Miller entered into contract with Hlad on April 18, 2009, to build a new home in the subdivision known as Miller Place in Bethlehem. The total cost was $340,000, with a completion date within 140 days. The plaintiffs paid Hlad $20,000 with the balance of financing obtained through Main Street Bank. Once the loan closed, Hlad took an immediate “draw” of nearly $190,000. Subcontractors were not paid resulting in mechanics liens over $22,000. Demands for the return of money have been refused. Responsive pleadings are due, by Order, in this Court by July 9, 2010.
Case number: 10-C-103

May 27
John Bonar and Grace Bonar vs. Merle Chaplin, D & O Lumber, LLC, and Owen Yoder
PA- Anthony I. Werner; J- Hummel
*On precise dates unknown to plaintiffs, D & O entered plaintiff’s property without permission and cut or carried away timber, trees, or logs causing damages. Defendants committed actionable fault by harming or taking property when they should have known this was injurious conduct. An award of compensatory or punitive damages is demanded.
Case number: 10-C-105

May 28
James E. Regiec, Jr. vs. Donald Shields
PA- Paul J. Harris; J- Karl
* On Oct. 3, 2008, plaintiff was traveling North on Route 2 and defendant entered Route 2 from Fish Creek Road. This failure to yield right of way resulted in medical bills and $7,500 in lost wages being incurred. Plaintiff’s vehicle was totally destroyed. Punitive and compensatory damages are sought.
Case number: 10-C-106

Jun. 8
Aditya Satsangi and Konisha Satsangi vs. John Does
PA- Jacob M. Robinson; J- Karl
* On June 8, 2008, in Jefferson Township, Pa., defendant violently struck and collided with a vehicle driven by Aditya Satsangi. Plaintiffs are entitled to the full benefits of uninsured coverage from the Progressive insurance policy. At this filing Progressive has not offered the available policy limits.
PA- Jacob M. Robinson; J- Hummel
Case number: 10-C-108

Curtis E. Hall and Michele Hall vs. Zinsser Co., In.; RPM International Inc., John Doe, Inc. And Chemstation International, Inc.
PA- Herman D. Lantz.; J- Hummel
* Each of the defendants was in the business of developing and selling disseminating solvents including the product “JOMAX Deck Cleaner.” On June 8, 2008, while using the cleaner, Curtis Hall was injured. Defendants failed to provide adequate warnings which rendered their products unreasonably dangerous for its intended purpose. A trial by jury is demanded.
Case number: 10-C-109

June 10
Andrea Wild vs. Kaitlyn Clark
PA- Jeremy M. McGraw; J- Hummel
* On public highway Route 21, Bowman’s Ridge, the defendant negligently drove a vehicle in which plaintiff was a passenger, on Jun. 13, 2008. As a direct and proximate result of this negligence, she suffered injuries to her head and neck. It is reasonably believed that some of her injuries are permanent and will result in future loss of wages. Compensatory and general damages are requested.
Case number: 10-C-111

June 11
George Brent Bilich vs. American Express Company; GE Money Bank/ Lowe’s; LVNV Funding LLC; Security First Network Bank; and World’s Foremost Bank
PA- Frank X. Duff; J- Karl
* From 1996 to 2009, Bilich’s identity was stolen and used to open and obtain numerous credit card accounts. His name was forged and his information illegally used to obtain credit before he learned of these transactions in the fall of 2008. Many of the card companies did delete the accounts but the names herein have failed to do so. Defendants were negligent in their issuance of credit, relying on information pertaining to the plaintiff, without taking steps to verify the plaintiff’s identify. The Court is asked to award damages and out of pocket expenses.
Case number: 10-C-112

June 15
Fork Ridge Community Volunteer Fire Department, Inc. vs. First West Virginia Bancorp, Inc. and Progressive Bank, N.A.
PA- Gregory A. Gellner; Jeremy C. McCamic; J- Karl
* VFD borrowed $90,000 from BB&T, on Nov. 26, 2004. To renew said loan BB&T demanded that all of the VFD accounts, including accounts with Progressive, be transferred to BB&T. VFD refused to transfer it accounts and conferred with Comvest regarding a financial agreement. Comvest agreed to advance enough to pay off BB&T and clear the mortgage on VFD’s real estate. Neither Progressive nor Comvest paid BB&T. Fraud, negligence and misrepresentation are claimed as injury and specific performance is demanded along with compensatory damages.
Case number: 10-C-114

Laura Hammond and Edgar Hammond vs. City of McMechen
PA- Ronald W. Zavolta; J- Hummel
* Plaintiff was walking outside a residence near Fifth Street, in McMechen, on June 16, 2008, when she stepped on a broken water meter grate. This fall into the water meter hole is claimed as cause for sustained injuries. Judgment is demanded in excess of the minimum jurisdictional limits as compensatory damages.
Case number: 10-C-115

June 16
April R. Streight vs. Walter S. Geiser.
PA- Scott S. Blass; J- Hummel
* Streight was traveling South on Route 2 and Tele Tech Drive when defendant, traveling North, turned left into plaintiff’s vehicle. Injuries to her neck, knee, and shoulder are claimed and some injuries are certain to be permanent. Compensatory relief is sought.
Case number: 10-C-117

June 17
Donna F. Fahnestock and Hester J. Knox vs. Sabelia E. Cunningham and Nationwide Mutual Insurance Company
PA- Jonathan E. Turak; J- Karl
* A collision occurred on Second Street on Feb. 18, 2009 and both plaintiffs’ sustained injuries. This claim was settled with Nationwide on Dec. 3, 2009 for the sum of $7,500 in exchange for a full and complete release. Nationwide insists that its failure t,o consummate the settlement is a function of its concern regarding potential Medicare liens. CMS confirmed in a letter dated May 12, 2010, it had not paid any claims on this accident. Judgment is demanded determining the Settlement binding.
Case number: 10-C-118

June 22
Larry Auth; Roger W. Gatts and John M. Stephens vs. Arkema, Inc.; Belmont Laboratories; Consolidation Coal Company, et al.
PA- Thomas F. Basile; J- Hummel
* Plaintiffs assert causes of action for deliberate intent to adequately warn of the adverse health effect and risk from chemical exposure to float- sink lab chemicals. Plaintiffs seek compensatory and punitive damages for their personal injuries and recovery of costs for medical screening and future medical monitoring.
Case number: 10-C-119

June 28
Karen M. Kurelac vs. Patricia Kurelac
PA- David C. White; J- Hummel
* On Dec. 24, 2009, defendant hosted a party at her residence and plaintiff attended the party by invitation. The defendant is the owner of 3 dogs known to have a propensity of aggression toward people without fear. As plaintiff was leaving the residence and proceeded down the steps, one or more of the dogs became entangled about her legs causing her to slip and fall. She sought and obtained medical care and treatment. A just award against is sought.
Case number: 10-C-125

CIVIL FILINGS: Marshall County

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July 1
Monongalia County General Hospital Co. d/b/a Monongalia General Hospital vs. Elizabeth Anderson
PA- Nancy A. Green; J- Karl
* Defendant owes $21,093.35, for services rendered from Jun. 17 through June 18, 2009. Plaintiff demands judgment in this amount together with interest thereon at the rate of (7.00%) per annum from the date of judgment.
Case number: 10-C-126

Estate of Victor J. Goudy, By Nila Rae Goudy, Administratrix vs. McElroy Coal Company, Consol Energy, Inc., J. Todd Moore, and Michael Conjeski
PA- Jonathan E. Turak; Christopher M. Turak; J- Hummel
* On the date of his death, Oct. 19, 2008, decedent Goudy was working at McElroy Coal as a designated Rock Dust Motormen. Decedent Goudy was to locate the appropriate haulage equipment and travel to the Fish Creek portal to obtain a piece of belt from the surface supply yard. Goudy located three lowboys and proceeded to connect them to the motor thereby making what is commonly referred to as a “trip.” In an attempt to remove the drawbar, Mr. Goudy stooped in between the lowboys. Mr. Coulson approached from behind, collided with the rear lowboy, and crushed Mr. Goudy to death. As a consequence of the foregoing, the decedent, after exposure to those unsafe working conditions, suffered a compensable death. Judgment by jury is demanded with punitive damages.
Case number: 10-C-129

July 6
Regina Hall f/k/a Regina Gilbert, Individually and as Mother and Next Friend of Kiara Hall, a minor, Jordan Lucas, a minor, and Natasha Gilbert, a minor, and John Hall vs. George Nealy, Ground Travel Specialist, Inc., a foreign corporation, and ABC Bus Leasing, Inc., a foreign corporation
PA- Shane M. Mallett; J- Karl
* On U.S. 250, near the intersection with Limestone Hill Palace Road, Regina Hall was traveling in a southerly direction, on July 5, 2008. Mr. Nearly failed to yield the right- of- way and attempted to back- up the Tour Bus on U.S. 250, after missing the turn for the Limestone exit. Hall says she has been caused to incur divers and sundry expenses about her medical attention. The approximate amount has yet to be determined inasmuch as all or parts of her injuries are lasting in nature. Compensatory and general damages relief is sought.
Case number: 10-C-130

July 6
State Farm Mutual Automobile Insurance Company, as subrogee of James R. Dolan vs. Frederick Knicely and Vincent Morris
PA- Ryan S. Marsteller; J- Hummel
* On Nov. 16, 2008, a vehicle driven by Vincent Morris and owned by Frederick Knicely collided with a vehicle driven and owned by plaintiff’s subrogee, James Dolan. As a result of this Golden Ridge Road collision, and pursuant to the terms of the policy, the Insured submitted a claim to plaintiff for damages. The claim was honored and judgment is sought for the total liability of $42,065.80.
Case number: 10-C-131

CIVIL FILINGS: Marshall County

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July 6
Citibank South Dakota N.A. vs. Carrie L. Bell
PA- Steven B. Mulrooney; J- Hummel
* Judgment is demanded for defendant’s indebtedness to the plaintiff for the sum of $24,591.07, plus interest and court costs.
Case number: 10-C-133

July 7
Chicago Title Insurance Company vs. First Title & Escrow Inc.
PA- Kenneth F. Webb, Jr.; J- Hummel
* Plaintiff sustained injuries for attorney’s fees and expenses incurred as a result of defendant’s negligent conduct, including allegations of fraud, in the lawsuit styled Lawrence J. Hupp v. William W. Happ, et al., Civil Action No. 01-C-185-M (the Hupp Lawsuit). From 2004- 2009, Chicago Title incurred attorneys’ fees amounting to $141,964.41. To date, First Title has failed to reimburse Chicago Title for the losses sustained.
Case number: 10-C-137

July 8
The Estate of Greg Luff and Norma Jean Luff vs. Courtney D. South and Kevin South
PA- Ronald W. Zavolta; J- Hummel
* Plaintiff Luff was employed by Carenbauer on his regular delivery route and was loading beer onto a hand dollie when he was violently struck head-on and thrown unconscious to the roadway pavement. His permanent injuries affected his ability to enjoy ordinary functions of life which continued to the date of his death of Nov. 22, 2009. A trial by jury is demanded on all issues.
Case number: 10-C-139

July 19
Christina Dunn, by her next friend and guardian, Cynthia Dunn, and Ayden Greathouse, by his next friend and guardian, Jaime Greathouse vs. Lawrence Henry and Samantha Henry
PA- Christopher M. Turak; J- Hummel
* On April 15, 2010 and May 6, 2010, the minors, Christina Dunn and Ayden Greathouse were attacked and injured respectively. The sole and proximate cause of these alleged injuries was each defendant’s ownership, harboring and keeping these dogs with knowledge of their dangerous propensity to viciously bite people. Appropriate compensation is sought to deter the defendants’ conduct.
Case number: 10-C-147

July 26
Michele Jackson and David Jackson vs. Unknown Jane Doe
PA- Teresa C. Toriseva; J- Karl
* Michele Jackson was in the drive thru lane at the Bayer Heritage Federal Credit Union on July 1, 2010. She was parked while performing a banking transaction at the time of the accident. Jane Doe was traveling in a white Chevrolet Blazer and rear –ended her. Jane Doe advised plaintiff that her “engine got stuck.” Seeing no damage, Jackson left the scene and no police were called. As a result of this incident pain and mental anguish are claimed for her continual medical treatment for which a favorable judgment is requested.
Case number: 10-C-152

CIVIL FILINGS: Marshall County

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July 29
Bayer Heritage Federal Credit Union vs. Joshua A. Price, Donald Harkless, and Beverly Harkless
PA- Philip J. Bowser; J- Karl
* Demand has been made and defendants have failed to discharge the debts. Efforts to repossess the collateral have been unsuccessful.
Case number: 10-C-154

Aug. 9
Centro GA Moundsville LLC vs. Thoughtfulness, Inc. d/b/a Jay’s Hallmark
PA- Jared M. Tully; J- Karl
* Thoughtfulness violated the lease by failing to full amount due for rent in the amount of $44,305.23. They abandoned the premises on July 19, 2009, and Centro is entitled to recover all damages incurred by such default.
Case number: 10-C-162

Aug. 12
Timothy McGinnis vs. James K. Kawaski and Yellow Cab of Moundsville Inc.
PA- Ronald W. Zavolta; J- Hummel
* While driving in his capacity of employee, for Yellow Cab, on Aug. 14, 2008, defendant collided with plaintiff at the intersection of Jefferson and 11th Street. McGinnis claims permanent injuries for which a compensatory judgment is sought.
Case number: 10-C-167

CIVIL FILINGS: Marshall County

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Aug. 17
Michael Hughes, Amy Hughes, Kevin Kimple and Carrie Kimple vs. Consolidation Coal Company d/b/a Shoemaker Coal Mine
PA- Eric M. Gordon; J- Hummel
* The coal within and underlying the plaintiffs property was excepted and reserved by the Moundsville Mining Company in its deed to the Kimple’s predecessor in title. As a direct and proximate result of subsidence within and underlying their properties related to mining done by Valley Camp, the plaintiff’s residences have suffered functional damages. An order compensating these damages is requested.
Case number: 10-C-169

Aug. 19
Drema Hennen Hupp vs. Hartford Insurance Company of the Midwest
PA- Jacob M. Robinson; J- Karl
*Aimee Menendez collided with plaintiff on Jul. 1, 2005 on Route 2. Following this collision, plaintiff was denied benefits by Hartford who failed to make any settlement offer until Aug. 19, 2009. Hennen was forced to hire counsel to reach the eventual settlement of $40,000. Judgment is demanded for compensatory damages which she is entitled for the wrongs alleged by Hartford and serve as an attempt to deter this type of conduct in the future.
Case number: 10-C-170

Marilyn M. Robinson vs. Busy Beavers Building Centers, Inc. d/b/a Busy Beavers
PA- Ronald W. Zavolta; J- Hummel
* Busy Beavers owed a duty to its customers to maintain a safe retail browsing area. On Aug. 20, 2008, Busy Beavers carelessly stocked and positioned the railroad ties in an area in such a manner as to cause plaintiff to trip over them as she was directed towards the rear of the store to pick up her mulch purchase. Her medical care expenses to date are yet undetermined and likely permanent. Judgment is demanded along with costs to prosecute this action.
Case number: 10-C-171

James Tekely and Vickie Tekely vs. Busy Beavers Building Centers, Inc. d/b/a Busy Beavers
PA- Ronald W. Zavolta; J- Karl
* On Aug. 20, 2008, James Tekely sustained injures when he removed a boxed ceiling fan above his head causing permanent injuries and damages to the plaintiff. His injuries may be lasting for which judgment is demanded.
Case number: 10-C-172

Aug. 24
Adam Dobbs vs. Justin Kotson
PA-Jamison H. Cooper; J- Hummel
* Plaintiff responsibly maneuvered his skateboard across the westbound lane of Route 17 and was struck from behind by defendant who had crossed the centerline and entered the improper lane of travel. Dobbs was thrown from his skateboard, onto the windshield of defendant’s vehicle and, from there, to the roadway. A compensatory judgment is sought for both temporary and permanent injuries.
Case number: 10-C-175

Aug. 30
CACH, LLC vs. Walter Charles Breese IV
PA-Christopher R. Moore; J- Hummel
* The defendant is indebted to the plaintiff in the amount of $17,001.70 plus contractual interest from the date of May 5, 2010.
Case number: 10-C-177

CIVIL FILINGS: Marshall County

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Aug. 30
Kimberly Ann Blazer, Individually and as Executrix of the Estate of Gary Lee Parker, Deceased vs. A.W. Chesterton Co., et. al.
PA- Leslie Ann James; J- Karl
* Mr. Parker was diagnosed with incurable and asbestos-related disease, on Dec. 10, 2088, and died on Jan. 2, 2009. His exposure to the manufacture and installation of asbestos-containing products is said to have caused malignant mesothelioma. Decedent worked at the Ormet plant located in Hannibal, Ohio from 1963 to 2002. Each defendant constitutes willful and wanton misconduct for which compensatory and punitive damages are demanded in an amount deemed just by trier of fact.
Case number: 10-C-178

Sept. 1
Patricia A. Nickerson and Russell E. Nickerson vs. State Farm Insurance Company
PA- Herman D. Lantz; J- Hummel
* Plaintiffs rejected the offer dated July 8, 2010 for $1,092.58. Compensatory damages, along with $100,000, are sought for the loss of settlement proceeds which they are entitled.
Case number: 10-C-179

Sept. 2
The Board of Education of the County of Marshall vs. Francis E. Reilley, The City of Glen Dale, a municipal corporation, and The County Commission of Marshall County
PA- Christopher P. Riley; J- Karl
* John Marshall High School and its athletic fields comprise 37.89 acres on a Deed dated Sept. 1, 1965. The fields border east of Little Grave Creek and south on Duck Lane. To the plaintiff’s belief, all of Duck Lane from Little Grave Creek to Wheeling Avenue is located within the Glen Dale corporate boundaries. The 198 acre dispute exists by a Deed, owned by Mr. Reilley, dated Feb. 16, 1984. Compensatory damages from the 2004, 2008, 2009, and the 2010 floods are sought in the amount of $228,502.17.
Case number: 10-C-180

Sept. 7
Alexa Kernan- Davis and Henry Davis vs. Harry Francis
PA- Steven M. Recht; J- Karl
* Failure to maintain control is claimed for a Sept. 11, 2008 crash which involved defendant following too close and rear- ended plaintiff Alexa Davis. Numerous bodily injuries have incurred medical expense in excess of $48,530.37. Compensatory damages are requested.
Case number: 10-C-182

CIVIL FILINGS: Marshall County

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Sept. 8
William Bradford Evans and Sheila Evans vs. AB Resources PA LLC, Chief Oil & Gas, et al.
PA- Robert P. Fitzsimmons; Clayton J. Fitzsimmons; J- Karl
* On Nov. 4, 2008, while working the night shift, Evans was required to walk in an inadequately illuminated dark area which caused him to step in a large hold. He snapped the bones in his ankle tearing multiple tendons and ligaments in his foot. As a result of this incident, Evans had reconstructive surgery and a steel plate with multiple screws implanted in his right ankle. A judgment is sought awarding compensatory and punitive damages.
Case number: 10-C-185

Sept. 17
Dave Davies, Individually and as the Father of Shane Davies, a minor, and Cody Davies, a minor vs. Charles Terry
PA- Teresa C. Toriseva; J- Karl
* Defendant Terry is a Benwood City Councilman. Davies and his two minor children live next door to Terry. Davies’ sons were playing on a trampoline in the front yard of their residence on Sept. 17, 2008. The children witnessed Terry shoot plaintiff’s truck with a double-ought shotgun. Davies walked around his house to where Terry stood with the shotgun. He pumped the firearm and aimed it at Davies and then returned to his house. The truck sustained damages totaling $5,000. Davies seeks a judgment in his favor against Terry for all damages flowing from his conduct.
Case number: 10-C-189

Sept. 27
Patricia Wnek vs. Angela Burge and Thomas Calinger
PA- Ronald Wm Kasserman; J- Karl
*On Oct. 7, 2008, Burge a vehicle into the rear end of a vehicle operated by Wnek. The vehicle that Burge drove was owned by Calinger. Compensatory damages for her medical expenses are requested.
Case number: 10-C-193

Sept. 29
Bayer Heritage Federal Credit Union vs. Debra A. Parsons
PA- Logan Hessig; J- Hummel
* As of Sept. 24, 2010, as evidenced by a Promissory Note, $15,698.48 is due and owing. Judgment is demanded plus post- judgment until the judgment is paid in full.
Case number: 10-C-194

Oct. 13
State Farm Fire & Casualty Insurance vs. Mary Ann Gray
PA- Andrew N. Frye, III; J- Hummel
* On Oct. 19, 2008, Gray’s grandson was playing unattended in the upstairs bedroom when he ignited a flammable devise. The fire ignited with the curtains and other combustibles. Gray is strictly liable for the other fire which started in the kitchen area due to her negligence of not maintaining a safe cooking environment. State Farm paid its insured $14,216.56 and moves for a judgment in an amount to be proven by evidence.
Case number: 10-C-198

Oct. 14
Carolyn Krynicki and Stanley Krynicki vs. The Kroger Company
PA- Craig L. Fishman; J- Hummel
* On June 9, 2010, plaintiff was a customer of the defendant when she fell in the checkout lane on a slippery floor. Her pain did not improve and the next day she visited Weirton Medical Center and was injected with a very potent narcotic pain medicine. She left with a diagnosis of a left hip contusion and sprain. Judgment against the defendant is demanded for the sum of $25,000.
Case number: 10-C-200


CIVIL FILINGS: Marshall County

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Oct. 25
Rhonda Renee Risden vs. Neiswonger & White Law Firm and David C. White, Partner and Kevin Neiswonger, Partner and Rhonda Wade, Associate Counsel
PA- Michael C. Alberty; J- Hummel
* The incident which is the subject matter of plaintiff’s lawsuit occurred in 2003 at an establishment known as Shaggs Pub in Marshall County. Her medical bills were well in excess of $100,000 and, seven years later, she says she continues to suffer. She says defendants committed malpractice by failing to attempt any settlement offer from original plaintiffs. Wade left the law office in 2009 and the case was not technically dismissed because of Judge Madden’s illness. Plaintiff respectfully requests compensatory and exemplary damages.
Case number: 10-C-204

Oct. 26
Robert Palmer and Eileen Palmer vs. Primary Aim LLC
PA- Quan S. Le; J- Karl
* On Nov. 3, 2008, Robert Palmer was a union electrician working at the John Marshall High School site. Palmer along with three other workers ordered meals from Wendy’s on Lafayette Avenue. Upon returning to this work site, plaintiff began vomiting violently and had multiple bouts of diarrhea.
Case number: 10-C-205

Nov. 1
Bayer Heritage Federal Credit Union vs. Douglas W. Overholt
PA- Logan Hassig; J- Karl
* On Jan. 17, 2006, defendant borrowed $110,000 to secure a 2006 Holiday Camper. Said collateral was repossessd and sold at public auction leaving an outstanding balance. $143,031.36 is demanded with interest until judgment is paid in full.
Case number: 10-C-207

CIVIL FILINGS: Marshall County

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Nov. 5
Troy Chanze vs. Tecnocap, LLC
PA- David P. Robinson; J- Karl
* Chanze was working on Nov. 6, 2008, at the Wheeling Avenue manufacturing facility as a press operator when he sustained injuries when he was struck by a metal sign that fell 12 feet. He says Tecnocap had knowledge of the unsafe workplace conditions which caused undetermined medical care expenses.
Case number: 10-C-209

Nov. 8
Erie Insurance Property & Casualty Company vs. J&R Excavating Inc., John J. Hart and Renee A. Hart
PA- Charles R. Hughes; J- Hummel
* Pursuant to the terms of the “Subscriber’s Agreement” signed by J&R with Erie, defendants are liable for the policy premiums charged under each policy. An audit of each policy was performed and it was determined, after credit for all payments applied, the remaining total premium due is $19,585.67. Judgment is demanded for this unpaid sum.
Case number: 10-C-210

Rex E. Cain and Maxine J. Cain vs. Thomas A. Bock, Pamela Bock, Andrea McCardle and The Law Offices of Andrea McCardle PLLC
PA- Herman D. Lantz; J- Karl
* In Fall 2009, the Bocks went to the Cain residence for the purpose of negligently inducing plaintiff to sell defendants their oil and gas interest for an unconscionably low amount. Defendants were fully aware that the oil and gas interests owned by the plaintiffs were worth more than $100,000. Plaintiffs were induced into signing an agreement for $1,000. Because of the missing reservation in the deed, defendants have been unjustly enriched in the amount exceeding $100,000 which should have been paid to plaintiffs. Punitive and other damages are sought.
Case number: 10-C-211

Nov. 12
WesBanco Bank, Inc. vs. Patrick M. Foose
PA- Ryan S. Marsteller; J- Karl
* A Disclosure Note and Security Agreement for the purchase of a 2003 Chevrolet Silverado Truck was executed on Jul. 18, 2005. Defendant agreed to pay the amount financed in 59 monthly installments. Plaintiff demands judgment in the amount of $6,329, plus all accumulating interest.
Case number: 10-C-215

CIVIL FILINGS: Marshall County

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Nov. 17
Howard Carr vs. Leilani Williams
PA- David C. White; J- Karl
* On Nov. 18, 2008, Williams was operating her vehicle on Benwood Hill. She piloted into the vehicle of Carr causing various damages such as medical bills and lost wages. A judgment is demanded for his diminished ability to function.
Case number: 10-C-217

Nov. 18
Robert C. Morgan and Vickie L. Morgan vs. Verlie M. Harris, Mabel Bell Browning, Anne Bell Vick, et al
PA- Gregory B. Null; J- Hummel
* This is an action requesting the Court order compulsory partition of real estate in Liberty District. The plaintiffs own 2/3 interest in the subject tract with the undivided 1/3 vested in heirs of the late Maude H. Evans. Plaintiffs allege none of the defendants will be prejudiced if this Court order a sale of the subject real estate and distribute the proceeds among the parties according to their respective interests.
Case number: 10-C-218

Nov. 22
Candace Gayvont vs. REM Community Option, LLC, National Mentor Services, LLC, et al
PA- Nicholas A. Wininsky; J- Karl
* Plaintiff worked as a Home Aide for 11 years until her discharge in April 2010. She was accused of pushing a wheel chair resident into a door at the beginning of her shift on April 7, 2010. This allegation was believed a retaliatory act by Tracy Helms who believed Gayvont was going to report that she would “get high” during work hours. Compensatory damages are requested as a result of a wrongful discharge.
Case number: 10-C-219

Sherrill Roger Dobbs vs. Enoch’s, LLC d/b/a Ted’s Trophy Club, Enoch Edward Fisher, and Jimmy Worrels
PA- Paul J. Harris; Shawn L. Fluharty; J- Hummel
* Fisher and Worrels recklessly engaged in an altercation with Dobbs which caused him personal injuries. Enoch failed to provide a safe environment for its patrons. Compensatory and punitive damages are requested, jointly and severally.
Case number: 10-C-220

Nov. 23
April Streight vs. State Farm Mutual Automobile Insurance Co.
PA- Scott S. Blass; J- Karl
*It was clear that the medical bills submitted by the plaintiff related to the Sept. 9, 2008 wreck were reasonable and necessary. Only after suit was brought did plaintiff prevail with the med pay coverage claim. Acts of bad faith are claimed intentional and plaintiff is entitled to recover punitive damages to punish State Farm.
Case number: 10-C-221

Dec. 15
T & T Quigley Inc. vs. Brad’s Core & Recycling, LLC, an Ohio Corporation
PA- Thomas E. White; J- Hummel
* For years the defendant would purchase and pick up goods from plaintiff in Marshall County, and pay for same by check at the time of pick up. A check dated May 11, 2010, drawn on defendant’s bank account, to pay the sum of $78,887.40, was returned for non-sufficient funds. After partial payments on the sum, a balance exists in the amount of $39,565.35.
Case number: 10-C-226

CALA questions law firm’s informational meeting

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rheath.jpg

Heath

meetingad.jpeg

This newspaper advertisement announcing the informational meeting was featured in The Moundsville Daily Echo.

CHARLESTON – A statewide legal reform group is questioning the motives behind a community informational meeting scheduled for Friday in Marshall County.

The New York-based personal injury law firm Weitz & Luxenberg is putting on the event, which is touted as a public forum for Marshall County residents to raise concerns about the adverse effects of natural gas drilling in the area. West Virginia Citizens Against Lawsuit Abuse voices its support for any concerns that local residents may have about increased drilling in the area, but the group also warns those attending to go in with their eyes open.

“Area residents need to realize that while this law-firm-sponsored event is held out as a ‘public forum,’ an ulterior motive could be to sign up plaintiffs for potential future lawsuits,” WV CALA Executive Director Richie Heath said Thursday. “Anyone attending should go in knowing that the out-of-state personal injury law firm providing them with information has a profit motive for doing so.

“Area residents need to ask themselves why a New York-based personal injury law firm is interested all of the sudden in holding informational meetings in Cameron, West Virginia.”

Robert Bardin, an attorney for the Weitz & Luxenberg law firm who is listed in a newspaper ad for the meeting, said Thursday the meeting is to discuss gas drilling and hydraulic fracturing, which is also known as fracking.

“It’s open to the public and the community,” Bardin said. “There will be, I think, a PowerPoint presentation. And one or two attorneys will be there to answer questions and hear concerns.”

A press release about the meeting said the law firm had been invited to the area for the meeting. Bardin confirmed that Thursday, but said he wouldn’t name who invited them for privacy concerns.

“We have people who have been working with these people and who have been in contact with them,” he said. “And we do have attorneys who are admitted to practice law in West Virginia.”

In a press release from the Weitz & Luxenberg firm about the meeting, it says the meeting is “intended to create a public and open forum for residents to voice their concerns.”

“Our clients and other residents of Marshall County and the greater Ohio Valley are troubled by what they are experiencing,” said Julia LeMense, an environmental attorney with Weitz & Luxenberg who will be in attendance at the meeting. “They are justifiably concerned about the safety of their air, water and the overall health of their community.”

The release says Weitz & Luxenberg represents clients in a number of communities in West Virginia and Pennsylvania who have methane in their drinking water wells at unsafe levels. The firm has conducted preliminary investigations at several locations in West Virginia and Pennsylvania to identify the impacts of unconventional natural gas drilling, hydraulic fracturing and gas storage on air and water.

The newspaper ad about the meeting features a photograph of Erin Brockovich, who spearheaded a case against Pacific Gas and Electric Company in California in 1993. Her story became a popular movie starring Julia Roberts.

Today, Brockovich is president of Brockovich Research & Consulting, a consulting firm. She works as a consultant for Weitz & Luxenberg, which has a focus on personal injury claims for asbestos exposure.

In the ad, Brockovich says, “I know and work with this law firm and I trust them.”

Heath of WV CALA notes that personal injury lawyers have recently targeted natural gas companies in West Virginia, with one high-profile lawsuit resulting in a $405 million verdict which cost the state hundreds of jobs and millions in economic investment.

Personal injury lawyers like West Virginia courtrooms for filing environmental lawsuits because of the state’s “No proof? No problem!” medical monitoring standard, which allows lawyers to file suit without proof of injury.

This past year, Supreme Court Justice Menis Ketchum warned that “plaintiffs’ lawyers … will wreak enormous economic harm on West Virginia’s economy” through unchecked medical monitoring lawsuits.

CIVIL FILINGS: Marshall County

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Dec. 22
Norman Dean Staskey vs. Margaret E. Thomas and Eugene E. Thomas
PA- Brent G. Nemeth; J- Karl
* In June 1986, plaintiff purchased silver bars from Jim West, owner of a hobby shop formerly located in Wheeling. Each of these bars weighed 100 ounces. Thirty nine of the 40 bars were delivered to defendant’s home and it is believed both were present at the time of delivery. Plaintiff placed a call on July 9, 2010, to say he was picking up his silver but he was informed by defendants that he had already picked up his silver. The current market value is $116,000 and a judgment with punitive damages for this amount is sought.
Case number: 10-C-227

Dec. 29
Tatia J. Rose-Cooke, f/k/a Tatia J. Rose vs. International Society for Krishna Consciousness-New Mathura Vrindaban
PA- Jeffrey W. McCamic; J- Hummel
* An issue has arisen as to whether the plaintiff conveyed her one- eighth interest in the oil, gas, and other minerals she inherited from her father. She conveyed the surface to the defendant, which was not her intent. The plaintiff demands an order acknowledging her retention of her interest of said 132.77 parcel of real estate.
Case number: 10-C-228

Dec. 30
Thomas G. Wack, M.D. vs. The Health Plan of the Upper Ohio Valley Inc.
PA- Daniel Taylor; J- Karl
* On and before 2010, plaintiff agreed to provide health care services to members of the Health Plan in consideration for being paid by the Health Plan for services rendered to Members of the Health Plan. Plaintiff is currently owed $3,800, exclusive of interests and fees. Judgment is demanded.
Case number: 11-C-1

Dec. 30
Larry W. McDonald vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; Shawn L. Fluharty; J- Hummel
* On April 1, 2010, plaintiff signed a contract to construct a new roof on his home. He then cancelled the contract pursuant to a 3-day provision with the contract. Throughout the next several months materials and workers were delivered. A representative appeared to examine the roof and stated “they really did you a number Mr. McDonald.” Because the roof was never repaired, plaintiff’s house began to have water damage. Damages are sought in the amount of $50,000, which includes the cost to replace plaintiff’s roof.
Case number: 11-C-2

Jan. 5
Jacob P. Zukoff and Automotive Accessories Limited Inc. vs. Manek Energy
PA- George Sidiropolis; J- Karl
* Plaintiffs demand judgment for the sum of $11,833.51 for goods and services detailed on invoices for Manek’s automobiles. Punitive damages are sought for the bad faith conduct.
Case number: 11-C-3

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