Jan. 7
John Davis, Sheila Davis, et al. vs. Louis Johnson, Fred E. Asbury and Pam Asbury
PA- Ronald W. Zavolta; J- Hummel
* Defendants Fred and Pam Asbury’s insurance carrier, GEICO, has denied coverage on plaintiffs’ claims. They allege that the vehicle operated by defendant Johnson was stolen or driven without permission. The vehicle, operated by John Davis, is owned by McMechen Volunteer Fire Department and was involved in high speed rear-end collision on Jan. 7, 2009. Compensatory damages are demanded for injuries suffered by Davis.
Case number: 11-C-4

Jan. 10
Kayla K. Polis and Cathy N. Polis, as Guardian for Carly N. Polis vs. Diana Lynn Cochran and Deborah A. Pearson
PA- Gregory A. Gaudino; J- Karl
* The plaintiffs and defendants are joint owners of real property known as Bridgeview Plaza, consisting of a single family dwelling house, a bar and lounge and a mobile home park. The subject property of this action was obtained from the estate of Nick G. Polis who died testate on Nov. 13, 2004. A partition in kind cannot be conveniently made. The Court is sought to ascertain all questions of law affecting legal title.
Case number: 11-C-5

Wayne A. Abercrombie and Katherine L. Abercrombie vs. Santander Consumer USA Inc.
PA- Thomas E. McIntire; J- Hummel
* On March 15, 2010, plaintiff’s attorney sent correspondence to HSBC Auto Finance with a request to cease and desist all telephone calls and correspondence to his client with regard to their debt. Eight separate communications followed after the fact by defendant’s agent. Sufficient punitive damages are sought to deter defendant from behaving in a similar fashion in the future.
Case number: 11-C-6

Wayne A. Abercrombie and Katherine L. Abercrombie vs. Nuvell National Auto Finance LLC
PA- Thomas E. McIntire; J- Hummel
* Plaintiff’s attorney sent correspondence to National Auto to validate a debt and request they cease all telephone calls to his client. Continued attempts were made with the intent to annoy and threaten the Abercrombie’s. A compensatory award is sought for all damages.
Case number: 11-C-7

Jan. 12
Bruce Otte, Bruce Otte Next friend of Ethan Otte and Ethan Otte, in his own right vs. Sherry Johnson and Zane Johnson
PA- Ronald W. Zavolta; J- Karl
* On Jan. 15, 2009, a rear-end collision occurred on Marshall Street due to the alleged carelessness of Johnson. Property damages as well as physical damages were sustained for which a compensatory judgment is demanded.
Case number: 11-C-9

Jan. 13
Rebecca Moloski vs. Merit Contracting, Inc. and Daniel Dipiazza
PA- Herman D. Lantz; J- Hummel
* While employed by Merit, Dipiazz did not stop in a timely manner and collided with plaintiff’s vehicle on Feb. 19, 2009. Judgment is demanded against defendants to compensate Moloski for her injuries.
Case number: 11-C-10

GLEN DALE – An environmental attorney from New York visited Marshall County on Wednesday to provide information about water and air pollution from Marcellus Shale activity.

Julia LeMense of the New York firm of Weitz & Luxenberg hosted a public meeting Feb. 2 at John Marshall High School. According to the Wheeling Intelligencer newspaper, about 100 people attended the meeting.

A Marshall County man at Wednesday’s meeting said he water well had been contaminated with methane and that natural gas began bubbling in Fish Creek shortly after Chesapeake Energy began drilling activity — known as fracking — near his well, according to the newspaper article.

One of the slides LeMense presented to the crowd Wednesday featured this heading: ”Water supplies can become contaminated with explosive levels of methane.”

“During the fracking process, drillers such as Chesapeake and others pump 5 million to 6 million gallons of water, sand and chemicals thousands of feet into the ground with a force as high as 10,000 pounds per square inch,” the paper reports. “After the rock is fractured, 15-40 percent of the fluid flushes back up through the well. According to Chesapeake, its most common fracking solution contains 0.5 percent chemicals. These include substances found in antifreeze, swimming pool cleaner, deodorant and hair coloring.

LeMense told the paper that “information about much of the material used in fracking is protected because it is proprietary.”

”We know almost nothing about 43 percent of the chemicals used in fracking,” she told the paper.

According to the newspaper report, New York State Assembly Speaker Sheldon Silver is a partner at Weitz & Luxenberg. The New York Post reports that Silver leads the fight to block fracking in New York, while other lawyers with the firm are “in other states trying to drum up multi-million dollar lawsuits against the practice.”

Wednesday’s event, which was touted as a public forum for Marshall County residents to raise concerns about the adverse effects of natural gas drilling in the area, had been postponed from January because of weather.

Before the first scheduled meeting, the executive director of West Virginia Citizens Against Lawsuit Abuse said local residents may be concerned about increased drilling, but he also warned 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 last month. “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 Marshall County, West Virginia.”

Jan. 18
Herbert Carl Boso Jr. vs. Consolidation Coal Company
PA- Rodney T. Berry; J- Hummel
* Plaintiff requests this Court enter a judgment against the defendant, quieting title of said property through the doctrine of adverse possession, and decree that the Plaintiff is the actual owner of said tract.
Case number: 11-C-12

Jan. 14
Erin Magers vs. Rite Aid of West Virginia Inc. and Yensen Landscape Supply, Inc.
PA- Ronald W. Zavolta; J- Karl
* On Jan. 17, 2009, Magers was walking to her vehicle through the parking lot adjacent to Rite Aid premises on Marshall Street, Benwood. She was caused to step onto a slippery parking lot located on the Rite Aid premises. It is claimed defendant failed to take necessary precautions to protect their customers. Judgment is demanded for plaintiff’s injuries about her head and neck.
Case number: 11-C-13

Jan. 20
Joshua Albert and Mark Albert vs. Joseph W. Taylor, American Electric Power Company, Inc. and Wheeling Power Company
PA- Ronald Wm. Kasserman; J- Karl
* On Jan. 26, 2009, Joshua Albert was operating a pickup truck owned by Mark Albert on Fork Ridge Road. An AEP vehicle traveling in the opposite direction drove in the center of road toward a vehicle operated by Tracy L. Mason. The AEP vehicle missed Mason but Joshua Albert veered to avoid the AEP truck, flipped, and wrecked. Joseph Taylor left the scene of the accident when he knew his actions caused a wreck with potential personal injuries. Compensatory and punitive damages are sought.
Case number: 11-C-15

Jan. 21
Jamie Michelle Gonzalez, a protected person who sues by Camilla Jo Freeland, her legal guardian, and Camilla Jo Freeland, individually in her own right vs. REM West Virginia LLC
PA- David C. White; J- Hummel
* REM came to Freeland’s residence and removed Gonzalez without prior approval and did remove and abduct her in secret from the residence. The protected person has cerebral palsy and mental retardation and requires a wheelchair for her mobility. Freeland was not able to communicate with her child for five days. The acts of REM were willfully undertaken in a reckless manner and constitute infliction of emotional distress. After the removal of said child, she was taken to Sistersville Hospital where an invasive examination was performed. A jury trial is demanded.
Case number: 11-C-16

Jeremy Adam Majewski vs. Margaret Pobicki, Wilson Appraisal Service Inc. and Richard Hyett
PA- Paul J. Harris; J- Karl
* Hyatt conducted an inspection on a house purchased by plaintiff on Feb. 22, 2010. After the closing of the property, plaintiff discovered the foundation was completely deteriorated that was not found by the appraiser. The estimates received for a foundation replacement range from $133,000 to $83,000. Plaintiff requests damages in an amount to be determined by a jury.
Case number: 11-C-17

Jan. 24
Aric Robbins vs. Zack Fecat
PA- Pro Se; J- Hummel
* On Jan. 26, 2009, defendant drove his motor vehicle into the home and residence of plaintiff causing extensive property damage. It is believed that Fecat was driving while intoxicated. The damages were so extensive that the plaintiff was forced to remove himself from the house for extended periods of time. Entitlements to punitive as well as compensatory damages are sought.
Case number: 11-C-18

George E. Lenz and Barbara A. Lenz vs. Patrick J. Lenz and Nikki J. Lenz and Chesapeake Appalachia, L.L.C.
PA- Gregory A. Gellner; J- Karl
* George Lenz and Patrick Lenz jointly purchased certain real estate encompassing 85.5 acres off of Stone Church Road, on Apr. 21, 1988. Patrick Lenz breached a subsequent agreement, signed by the parties on Oct. 10, 2003, when he entered into an oil and gas lease with Chesapeake for a five-year period. Payments from this lease were converted to their use and excluded the rights of the plaintiffs. This conduct resulted in a diminished value to the property in the eyes of third parties. Equitable relief is demanded in a trial by jury.
Case number: 11-C-19

Jan. 31
Sheila Rodgers and Dale Rodgers vs. Municipal Mutual Insurance Company of West Virginia, Ronald W. Ostrosky, Individually and in his capacity as Claims Adjuster
PA- Joseph M. Ward; J- Hummel
* Numerous houses were damaged when Moundsville was hit by a devastating hail storm on March 22, 2010. Palmer Construction estimated it would cost $19,125 to fix the damages to the Rodgers’ home. The court is asked to enforce the contract in question.
Case number: 11-C-20

Feb. 4
Lauren Jenkins vs. Kari Jako and Kristen Fox
PA- H. Howard Klatt; J- Karl
* Kari Jako carelessly operated a vehicle owned by Hertz Car Rental, rented to the defendant, Kristen Fox, in which Lauren Jenkins was a passenger. Jako lost control causing the vehicle to travel off the side of the roadway over an embankment, striking a tree, before coming to rest on its top. Jenkins suffered serious personal injuries from this May 5, 2010, accident. A trial by jury is demanded to determine compensatory damages.
Case number: 11-C-21

Tamika Tamburin, as parent and guardian of Markus McIntire, a minor vs. Kari Jako and Kristen Fox
PA- Christopher M. Turak; J- Karl
* On May 5, 2010, Kari Jako operated a vehicle owned by Hertz Car Rental in which McIntire was a passenger. This accident on Birch Run Lake Road caused serious injuries to be suffered by plaintiff’s child. The minor child endured pain and suffering as a result of the collision. Compensatory judgment is demanded against defendants by trial by jury.
Case number: 11-C-22

Feb. 23
Sandra Crupe vs. Warren Distribution Inc., Michael Skidmore, Bill Smith, Clarence Campbell and Eric Violet
PA- Nicholas A. Wininsky; J- Karl
* Crupe sustained a workplace injury in February 2010, when she stripped over a skid, fell and broke her right wrist. The Safety Director, Bill Smith wanted her to go to her doctor’s appointments then immediately return to work. He even showed up unexpectedly at the doctor’s office during one of her appointments. Her short forearm cast allowed her to return to work with light duty restrictions. Her wrist did not heal correctly which required her to be off work on Workers’ Compensation with follow- up surgery. Warren abruptly terminated her employment during Nov. 2010 while she was still recovering from her broken wrist. Plaintiff has suffered general damages as a result of said wrongful retaliatory discharge. Compensatory damages for all economic losses are requested.
Case number: 11-C-27

March 2
Carl L. Coffield, Sr. and Lana Coffield vs. Professional Land Resources, LLC
PA- Joseph R. Canestraro; J- Karl
* Defendant purchased plaintiff’s mineral rights on 64.00 acres for a price of $3,200. On Sept. 8, 2009, plaintiff executed a deed unbeknownst to him that conveyed his interest in the surface rights as well as his mineral rights. At no time had plaintiff contemplated selling his surface rights to the defendant and demands compensation for defendant’s being unduly enriched.
Case number: 11-C-29

March 3
William L. Haines and Tina M. Haines vs. John E. Fitzsimmons and Angela L. Fitzsimmons, Howard Hanna Valley Properties, and Wallace Hoffmann dba Truepenny Home Inspections
PA- Patricia A. Kurelac; J- Hummel
* An agreement was executed where plaintiffs agreed to purchase property at Toms Run. A Property Condition Disclosure statement indicated there was no past or present flooding on the subject property. A deed was executed and the consideration paid for the subject property was $225,000. SDI Environmental indicated there was extensive water damage to the exterior and interior structure as well as toxic levels of mold throughout said structure. Defendants knew that the property underwent extensive flooding and had a duty to disclose said information. Compensatory and punitive damages are demanded respectively for $200,000.
Case number: 11-C-30

March 7
Mary E. Breault and Ronald W. Breault, individually and as Parents of Briana C. Breault, a minor, and Catherine H. Breault, a minor vs. Ginny Kay Johnson and Marshall County Board of Education
PA- Eric M. Gordon; J- Karl
* On March 19, 2009, Johnson was operating a school bus in a reckless manner by failing to maintain control. She crossed the center line and struck the vehicle being operated by Mary Breault. Injuries and damages resulted from this negligence. Catherine Breault did sustain severe bodily injuries; some may be permanent in nature. Plaintiffs demand judgment against the defendants, jointly and severally, in an amount to compensate them for their injuries.
Case number: 11-C-31

March 10
Angel B. Tokar vs. John Doe
PA- David P. Robinson; J- Hummel
* John Doe was operating a SUV, on March 12, 2009, on Jefferson Avenue Extension, and struck the driver’s side of plaintiff’s truck. Injuries and damages were sustained and Tokar was insured under a policy by Titan. A compensatory judgment is sought.
Case number: 11-C-32

March 10
State Farm Mutual Automobile Insurance Company, as Subrogee of Michael Carr, its insured vs. Anna A. Lashare and Christina McGloughlin
PA- Nathan A. Morgan; J- Karl
* Lashare was attempting to pull into a parking space when she jumped the curb and striking a pedestrian and pinning him between a vending machine. Bodily damages in the amount of $15,000 were caused. When this accident occurred on Nov. 26, 2009, the driver had neither a driver’s license or an insurance policy. As a result of this negligence, plaintiff paid an uninsured claim of $15,000. Judgment against McGloughlin in this amount is demanded.
Case number: 11-C-33

March 15
State Farm Mutual Automobile Insurance Company, as Subrogee of Lisa Nippert vs. Jefrey Sorg and Crystal E. Crum
PA- Andrew N. Frye, III; J- Karl
* On March 31, 2009, Nippert owned a vehicle that sustained damages as a result of an accident on that date. The property damage sustained by her vehicle was enough to consider it a total loss. As a result of the claim, State Farm paid the NADA book value of $5,710.50.
Case number: 11-C-37

David Cline and Anna Cline vs. Quicken Loans Inc.; Title Source; Appraisals Unlimited, Incorporated; Dewey V. Guida and John Doe Note Holder
PA- James G. Bordas, Jr.; J- Hummel
* In the summer of 2005, plaintiffs went to lendingtree.com for the purpose of consolidating multiple credit card obligations. Clines had no desire to refinance their existing mortgage. Through its sophisticated sales tactics, Quicken convinced plaintiffs to refinance their mortgage on Aug. 11, 2005. A promissory note was executed in the principal sum of $99,300. A predatory lending scheme willfully secured an inflated appraisal from defendants. Plaintiffs have suffered financial and pecuniary losses and claim equitable relief.
Case number: 11-C-38

March 17
Reilly’s Inc. vs. M.A.L.L. Enterprises LLC
PA- William A. Kolibash; J- Karl
* A lease was entered on Jan. 11, 2010, for five years wherein M.A.L.L. agreed to pay all real estate taxes and assessments. A check in the amount of $14,600 was tendered yet returned for insufficient funds. Defendant continues to wrongfully occupy the premises. A hearing is sought to immediately award possession of the Wheeling Avenue premise along with other costs deemed appropriate.
Case number: 11-C-39

March 22
John A. Mueller, Jennifer H. Mueller, Thomas R. Brown, Misty Brown, David A. Dempewolf, Kim R. Dempewolf, Robert Zirkle, Thomas G. Zirkle, Julia R. Riggle, Harry Aston and Ricilyn S. Aston vs. Chesapeake Appalachia LLC
PA- Eric M. Gordon; J- Hummel
* Various leases throughout 2006 enabled plaintiffs to deed their oil and gas interest on acreage located in the Cameron District. Each plaintiff’s lease was for a period of five years for $5 per acre per year. Plaintiffs request an Order to determine the terms of the lease in question.
Case number: 11-C-42

C. Fitzsimmons

Hummel

MOUNDSVILLE –- With jurors ready to examine a fatal fire in an emissions stack at an American Electric Power plant, defendants agreed to settle all claims for $27 million.

Marshall Circuit Judge David Hummel approved the settlement and sent jurors home April 20. He hadn’t signed an order as of April 26.

Tiffani Talbert, widow of Pullman Power worker Gerald Talbert, will receive the bulk of the proceeds. The settlement also covers two Pullman Power workers who spent four hours above the flames at the top of the 976 foot stack.

Hummel said that after jury selection, he led a conference among defendants, insurers and Wheeling attorney Clayton Fitzsimmons.

“I facilitated the settlement conference myself,” Hummel said.

He said all parties asked him to hold the conference, and all agreed he could talk to each of them outside the presence of the others.

Normally, a lawyer can’t talk to a judge without the other side’s lawyer on hand.

The fire started in 2006 during construction of the stack. A cage that had protected Gerald Talbert from hazards turned into his death trap.

The fire stranded Timothy Wells of New Martinsville, David Earley of New Matamoras, Ohio, and Jay McDonald of Kanab, Utah, at the top of the stack that was more than 900 feet high and 34 feet in diameter on March 4, 2006. The fire occurred at AEP’s Kammer-Mitchell power plant, located in Marshall County, while crews were installing a fiberglass lining in the smokestack.

Their rescuers came from above, in a Maryland state police helicopter that lowered a bucket and hauled them to safety.

Tiffani Talbert, Wells, and Earley sued American Electrical Power, Pullman Power, and nine other defendants in Marshall Circuit Court. Moundsville attorney Donald Kresen represented Earley, and Pittsburgh attorney James Villanova represented Wells.

“They had no evacuation plan,” Wheeling attorney Bob Fitzsimmons (Clayton’s father) said.

Talbert’s widow, Tiffani, Earley and Wells filed a lawsuit against AEP and 10 other defendants, including Pullman Power of Kansas City, Mo., in 2006. The suit accused the companies of negligence and claimed they knew working conditions inside the smokestack were dangerous.

Talbert blamed a defective cable on a lift that controlled his cage.

The liners, Bob Fitzsimmons explained, help prevent corrosion of the concrete.

For years, Bob Fitzsimmons said, the liners were made of steel alloys or brick. Then companies discovered that fiberglass was a cheaper material but more combustible — a fact sadly realized by the Talbert family, he said.

Talbert, who was working in a cage inside the smokestack when the fire occurred, died. He was just 27, the father of three children — one who was born a month after his death — Fitzsimmons said.

Earley, Wells and McDonald waited for four hours on scaffolding hundreds of feet high before they were finally rescued by a helicopter.

Trial began on April 19, and jury selection ended at 3:20 p.m. The settlement conference started at 3:30 p.m., and ended at 9 p.m.

Hummel said the parties agreed on an amount but didn’t resolve all other issues. Trial resumed in the morning, and Fitzsimmons delivered his opening argument.

Jurors heard nothing further, except news of settlement and thanks for their service.

“I thought it was a very fair settlement that the clients wish to accept,” Bob Fitzsimmons said. “I think it was fair for both sides based on the acts that had occurred. Also, I think it was a recognition that there were problems at the work site.”

He said representatives of the companies apologized to the Talbert family after the settlement was reached.

“On behalf of AEP, we express our condolences to Mrs. Talbert and the Talbert family,” AEP spokeswoman Carmen Prati-Miller told The Associated Press on Monday.

Fitzsimmons said the litigation — which included more than 60 depositions and multiple experts — was important because it caused changes in the workplace.

“Many of those problems now have been remedied by the companies,” he said.

According to the AP, the federal Occupational Safety and Health Administration fined Pullman Power $107,100 for safety violations following the fire.

Jessica Karmasek of LegalNewsline.com contributed to this report.

March 31
Donnel Loy vs. Jacob T. Coffield
PA- Ronald W. Zavolta; J- Hummel
* Loy was a passenger in a vehicle owned and operated by Coffield, on Apr. 4, 2009. On Route 2, in the area of road under the Interstate 470 overpass, Coffield collided into a concrete barrier on the right side of the south bound lane. When said collision occurred, he was under the influence of alcohol; attempting to do a “burn out.” Serious permanent injuries and damages occurred to plaintiff who has suffered a diminution in her ability to care for herself. Awards of punitive and compensatory damages are demanded.
Case number: 11-C-46

April 4
Carl H. Sampson vs. Frank E. Pethtel and Mary Virginia Pethtel and Stone Energy, Inc.
PA- Joseph R. Canestraro; J- Hummel
* A deed, dated Apr. 1, 1986, conveyed a certain one-fourth share in 125 acres royalty to plaintiff. An issue has arisen as to whether Sampson’s one-fourth interest in the oil, gas and other mineral rights in, upon and underlying said 125 acres purchased at tax sale was for one-fourth interest on a now dry well. An Order acknowledging his ownership of said one-fourth interest of the 125 acre tract is requested.
Case number: 11-C-48

April 5
Vicki L. Stemple and Roger L. Stemple vs. Kroger Group Cooperative, Inc., d/b/a The Kroger Company; and ZRAJ Benwood, LLC, d/b/a Zamias Services, Inc.
PA- C. Richard Wilson; Herman D. Lantz; J- Karl
* Defendant is a corporation doing business and lessor of real estate on Marshall Street. Vicki Stemple was grocery shopping at the premises, on Apr. 6, 2009, when she slipped and fell. Said personal injuries are said to be the result of the defective condition of the sidewalk area outside of the store. As a direct result of defendant’s negligence, Stemple has incurred medical expenses and may incur additional expenses in the future. Plaintiff’s demand a trial by jury to equitably compensate them for their sustained damages.
Case number: 11-C-49

April 6
Patrick Rine vs. Superior Walls of Ohio, Inc. nka Superior Walls of America, Ltd.
PA- Eric M. Gordon; J- Hummel
* Defendant agreed to construct a basement for plaintiff on Boggs Run Road. A contract was executed Jun. 1, 2001. A limited warranty to replace any defects in workmanship was provided for a 15 year period. In 2006 and 2008 large cracks were noticed in the basement wall creating an implied breach of warranty habitability for the plaintiff’s intended use of the residence. Compensation for the damages suffered is requested.
Case number: 11-C-50

April 8
FIA Card Services, N.A. vs. Agnes Hogan
PA- Edna Jenelle Coulter; J- Karl
* This cause states defendant is indebted to the plaintiff, for the sum of $21,918.63, from the date of judgment thereafter until paid.
Case number: 11-C-49

April 18
Discover Bank vs. Robert A. Tetrick, Cleora Tetrick Aka Cleo A. Tetrick
PA- Edna Jenelle Coulter; J- Karl
* Defendants are indebted to the plaintiff for the sum of $19,291.27on an account plus interest accruing from the date of judgment.
Case number: 11-C-62

April 21
James Carney vs. Jeffrey S. Morris and Zoe A. Morris; State Trustee Services; A Touch of Everything, LLC and John Doe
PA- David A. Jividen; Herman D. Lantz; J- Karl
* Pursuant to a Tenancy Agreement dated May 26, 2004, Jeffrey Morris was the landlord of the subject apartments. On April 29, 2009, a major fire occurred on the Second Street structure while Carney was in his unit. Incapable of escaping the inferno for lack of ingress/egress in or about the structure, he jumped from his third floor apartment and successfully saved his own life. Plaintiff’s medical bills are presently at $607,492.08. Compensatory judgment is demanded.
Case number: 11-C-64

April 27
Rebecca S. Fahey vs. Jeffrey S. Morris and Zoe A. Morris; State Trustee Services; A Touch of Everything, LLC and John Doe
PA- David C. White; J- Karl
* Plaintiff was a tenant by way of Agreement, dated Feb. 1, 2006, with Morris as the landlord. A major fire caused loss of all worldly possessions as well as the demise of her faithful feline companions. All damages suffered are a direct and proximate of the defendants. Judgment is sought, jointly, and severally.
Case number: 11-C-68

Glass Bagging Enterprises, Inc. vs. L.A. Pipeline Construction Co., Inc. and Caiman Energy, LLC
PA- Pro Se; J- Karl
* Scott Glass, President of Glass Bagging, says his company filled orders beginning Dec. 17, 2010, through April 8, 2011, and delivered material received on 36 purchase orders. L.A. Pipeline failed to pay the amount due and the sum of $155,907.90 is owed.
Case number: 11-C-70

April 29
Steven Polly vs. Louis C. Hores
PA- Gregory A. Gellner; J- Hummel
* On April 3, 2010, defendant engaged Polly to assist himself and others believed to be licensed contractors to remove the roof on his Poplar Avenue home. Polly requested walking boards for safety but was advised to walk on the concealed joists. He fell through the ceiling joists, the drywall ceiling, and landed on the hardwood floor below. Defendant is accused of supplying alcohol to the contractors. Serious injuries were sustained to Polly’s hip, knee, shoulder, and other body parts. Compensatory and punitive damages, by jury, are deemed proper.
Case number: 11-C-71

May 6
Patricia Luanne Bonar and Steven Bonar, her husband vs. John McNinch
PA- Joseph E. Barki, III; J- Karl
* Patricia Bonar was at the Viola Sportsman Club Upper Big Wheeling Creek, when defendant’s large dog bit, tore, lacerated her body to cause injury to her right leg. McNinch owed a duty to maintain this dangerous dog, on April 4, 2010, according to WV Code. Compensatory and punitive damages are sought for his liability.
Case number: 11-C-74

May 12
Westfield Insurance Company, as subrogee of Savage Heavy Highway Corporation vs. Jennifer Vern Storc and Chad Allen Powrozink
PA- Ryan S. Marsteller; J- Hummel
* On Aug. 17, 2009, a vehicle driven by Storc and owned by Powrozink, collided with a Jersey Crash Barrier located on W.Va. 2. As a result, plaintiff is now subrogated to the extent of $6,197.01 and judgment is demanded for this amount.
Case number: 11-C-81

Linda Delbert vs. Ivan F. Gorby, John Doe employees, representatives of Allstate Insurance Company
PA- George N. Sidiropolis; J- Karl
* It is claimed Allstate perpetuated fraud through false statements to the plaintiffs and their attorneys in the discovery process. As a result of this scheme, benefits and evidence that should have been conveyed to countless plaintiffs were withheld. Punitive and general damages are demanded.
Case number: 11-C-82

May 16
Shayla M. Vennis vs. Consolidation Coal Company, Marilyn Blake, and Christopher Ross
PA- Rodney T. Berry; Eric M. Gordon; J- Hummel
* On Aug. 17, 2008, on a railroad bed, Vennis was the passenger on an ATV owned by Blake. Ross was operating the ATV on property owned by Consolidation who should have known the subject property was maintained in a negligent manner. Ross crashed into a railroad tie that was sticking up. Serious and permanent injuries incurred, including a fractured skull, crushed eye socket and more. A judgment is demanded in an amount to be ascertained and sufficient to compensate her injuries.
Case number: 11-C-83

May 18
Donald Moffitt and Vicki Moffitt vs. M.A.L.L. Enterprises, LLC dba Mr. Green Lube Plus
PA- D. Kevin Coleman; J- xxx
* On Sept. 27, 2010, Mrs. Moffitt paid $25.39 for a routine oil change. The next day a warning light appeared indicating the engine was without oil. The vehicle was towed back to Mr. Green Lube, an oil filter was installed and the engine oil replaced. A short time later the vehicle was towed to Jim Robinson for inspection after hearing noises from the engine. Metal shaving throughout the engine were discovered. The plaintiffs were without the use of their vehicle for six weeks. Judgment is demanded together with interest and costs.
Case number: 11-C-85

May 19
Clara Virginia Lohr, as Executrix of the Estate of Edwin O. Lohr vs. Cameron Nursing & Rehabilitation Center, LLC f/k/a Cameron Nursing & Rehabilitation Center Inc.
PA- Michael T. Collis; C. Richard, Wilson; J- Karl
* From March 25, 2009, to Sept. 27, 2009, Edwin Lohr was a resident of the long care facility located in Cameron. Defendants were bound to exercise a degree of care, skill and diligence in proportion to his known physical and mental ailments. As a result of stated breaches, Lohr suffered bodily injury and ultimately death.
Case number: 11-C-86

May 23
Bayer Heritage Federal Credit Union vs. Frank C. Taylor
PA- Logan Hassig; J- Hummel
* As of May 19, 2011, there is a balance due and owing under a Promissory Note in the amount of $10,817.05. Judgment is demanded.
Case number: 11-C-87

May 24
Bayer Heritage Federal Credit Union vs. John S. Gregory
PA- Logan Hassig; J- Karl
* Defendant defaulted under a Promissory Note. The motor vehicle held as security was repossessed and sold at public auction. Demand is made for the remaining amount of $6,043.73.
Case number: 11-C-88

May 31
Ronald Galentine Cansina Galentine vs. J.F. Allen Company and John Doe Company
PA- Ronald W. Zavolta; J- Hummel
* Defendant was hired through the State of West Virginia to perform construction related work on W.Va. 2. The removal of soil expanded near the plaintiff’s property. Due to the negligence of defendants, said land is instable and slippage of mud and flooding continues to worsen. Costs to repair property damage, along with compensatory and punitive damages are sought.
Case number: 11-C-91

CHARLESTON — An Ohio couple is suing the owner of their former residence for failure to pay for the contents of the condominiums.

James Hamblen and Ellen Hamblen leased two units of the Terrace Park East Condominiums in Charleston from Dawson Land for approximately 11 years, according to a complaint filed June 2 in Kanawha Circuit Court.

The Hamblens claim at the conclusion of their lease, they decided to move to Ohio to be closer to their son and agreed to sell the majority of the contents in the units to the defendant because they could not easily transport the contents to Ohio with them.

Dawson Land agreed to pay a sum of $3,600 to the Hamblens for the property at a rate of $100 per month, according to the suit.

The Hamblens claim in addition, although they had paid a $1,100 security deposit and dutifully maintained the units for 11 years, the defendant only refunded them $725.

The Hamblens are seeking damages in the amount of $3,977. They are being represented by Stephen P. Swisher.

The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 11-C-909

June 9
Consol Pennsylvania Coal Company LLC vs. John Robert Blake
PA- Kristian E. White; William D. Wilmoth; J- Hummel
* This action seeks partition of land consisting of 7 acres of real estate in Cameron. Plaintiff intends to mine the Pittsburgh seam of coal underlying the subject property. Consol seeks the undivided ¾ interest owned by defendant be allotted to plaintiff.
Case number: 11-C-95

June 10
Charles M. Brautigan and Crystal Brautigan vs. Warren Distribution Inc. and Tom Daly
PA- Gregory A. Gellner; J- Karl
* With the assistance of Tom Daly and other Warren employees, in the course of their employment, pushed and pulled on the capper machine causing it to tip over crashing onto Charles Brautigan. He suffered serious and debilitating injuries. It is claimed Daly ignored the warnings and pushed the machine until it fell. Compensatory damages are requested.
Case number: 11-C-96

June 14
Henry E. Filter vs. Wheeling Power Company d/b/a AEP Ohio
PA- Teresa C. Toriseva; J- Karl
* Defendant maintains an electric power line and utility pole in a right-of-way across plaintiff’s property. The iron rod protrudes from the ground by is obscured by grass. While mowing his grass on June 27, 2009, Filter was thrown from his tractor when the mower deck caught on the rod and rolled the tractor over a hill. Injuries including a broken right clavicle and ribs resulted. Judgment in favor of this negligence is sought.
Case number: 11-C-98

June 17
Glen Dale Motor Co., and Tomsic Motor Co. vs. Greenway Automotive Distributors, Inc., Go Green USA, LLC and Green Automotive Company, Inc., Steven Fly and Steven Wells
PA- Lester C. Hess Jr.; J- Hummel
* Plaintiffs paid defendants a franchise fee in the amount of $100,000, as well as the sum of $75,192 for vehicles to be delivered to Tomsic Motor Co. and Glen Dale Motor Co. The contract was breached when defendants failed to deliver a single vehicle to either Motor Co. Judgment is demanded for the sum of $250,384, plus punitive damages.
Case number: 11-C-101

June 22
Patricia Pugh and Earl Pugh vs. Robert Lilijehorn, Mary Lilijehorn, and Allstate Insurance Company
PA- David P. Robinson; J- Hummel
* On June 23, 2009, plaintiffs were insured under an automobile policy. Allstate has refused to offer the available coverage and medical payments under Pugh’s policy. They claim full benefits and say they are entitled to coverage for damages caused by defendants. Both compensatory and punitive judgments are demanded.
Case number: 11-C-103

David Burkhart vs. Tecnocap, LLC
PA- George N. Sidiropolis; J- Karl
* On June 22, 2009, Burkhart was an employee of Tecnocap performing work related duties including Die and Hand Feed Press Machine. Plaintiff was caused to be injured including the loss of his middle and index fingers on his dominate right hand. A jury trial is demanded on all issues.
Case number: 11-C-104

June 23
Thontkhoung Khamphor vs. Mylan Pharmaceuticals, Inc., Mylan Inc., and Mylan Bertek Pharmaceuticals, Inc.
PA- Teresa C. Toriseva; P. Ann Trantham (LA Bar); J- Hummel
* Plaintiff ingested defendant’s Allopurinol and developed a cutaneous reaction on June 23, 2009. He sought treatment, was hospitalized at North Vista, and diagnosed with Stevens Johnson Syndrome. He was transferred to UMC and given extensive treatment due to the severity of his cutaneous reaction. General and exemplary damages are sought in a trial by jury.
Case number: 11-C-105

June 30
Darlina Truman, et al vs. Mylan Pharmaceuticals, Inc., and Mylan Inc.
PA- Teresa C. Toriseva; J- Hummel
* Defendants manufacture and market three related drugs with the active ingredient phenytoin sodium. Phenytoin poses a significant risk of skin and tissue disorders generally described as SCAR events. These disorders may result in disability, disfigurement, or death. Plaintiffs have suffered severe personal injuries for which a jury trial is demanded.
Case number: 11-C-111

July 5
FIA Card Services, N.A. vs. Glenn Kesselring, Jr.
PA- Paul S. Atkins; J- Karl
* Defendant owes plaintiff the sum of $26,631.05, on a past due account, all of which is now due and payable. This amount, and costs, is demanded.
Case number: 11-C-112

July 7
Trans Energy, Inc. a Nevada Corp. vs. Judy Kay Matthews and Karen Sue Evans, Individually and as the Co- Executors of the James Timothy Hubbs Testamentary Trust
PA- Eric M. Gordon; J- Hummel
* Plaintiff seeks monetary relief for the damages suffered as a result of defendant’s refusal to allow them onto their surface tracts for the purpose of drilling horizontal oil and gas wells. The Court is asked to enter an award of damages.
Case number: 11-C-115

July 11
Rasmi Agrahari vs. City of Glen Dale and Mark E. Martin
PA- Christopher M. David; J- Karl
* On July 13, 2009, defendant Martin was traveling north on U.S. 250 in a vehicle owned by the City of Glen Dale. He followed to close and struck the plaintiff. This negligence was investigated by the Marshall County Sheriff Office. Judgment is demanded for $22,518.98 for the incurred medical expenses which are anticipated to continue.
Case number: 11-C-116

July 26
Amy N. Lynch vs. Tom Carney
PA- Pro Se; J- Karl
* In June 2010, a contract was signed wherein Bumble Bee Construction would construct a new roof and siding on plaintiff’s residence. A check was given for half the cost and over the ensuing weeks defendant failed to perform any work. Full repayment of $5,925, is demanded, along with an Order revoking defendant’s contract license.
Case number: 11-C-122

July 28
L.A. Pipeline Construction Company vs. Caiman Energy and Caiman Eastern Midstream
PA- James S. Huggins; John E. Triplett, Jr.; J- Karl
* Plaintiff laid a pipeline at various locations in Marshall County, beginning in August 2010 through the first four months of 2011. On April 19, 2011, defendants notified plaintiff that it was to “cease all construction work immediately.” Ninety-five percent of the work was accomplished. The Court is asked to grant judgment, in favor of the plaintiff, in the amount of $2,446,209.88.
Case number: 11-C-124

July 29
John W. Miller and Mary Miller vs. Chesapeake Appalachia and Chesapeake Energy Corp.
PA- Erik A. Schramm; Kyle W. Bickford; J- Hummel
* On Aug. 10, 2010, Plaintiff’s John and Mary Miller acquired their mineral interest in 65 acres, in Webster District, from Executors of the Estate of Wayne Francis, in a quit claim deed recorded this same date. Defendants have failed to file a Release of an Oil and Gas Lease with Marshall County, creating a cloud of title on Plaintiff’s rights. Plaintiff seeks the removal of defendants, their equipment, and their employees from the premises.
Case number: 11-C-125

Chris Regan and Geoffrey Brown

Lewis Timmons died on Jan. 8, 2007, in this explosion at an AEP plan in Beverly, Ohio. (Courtesy photo)

MOUNDSVILLE – A Marshall County jury returned a verdict of nearly $7 million to the family of a Tyler County man who was killed as a result of an explosion at an AEP plan in Beverly, Ohio, in 2007.

The jury found that the negligence of AEP Service Corporation and its subsidiary, Ohio Power Company, resulted in the death of Lewis Timmons on Jan. 8, 2007. The jury’s verdict was in the amount of $6,998,940.

“When large corporations don’t do things responsibly, they run the risk that someone is going to be seriously hurt or killed,” said Geoffrey Brown, an attorney from Bordas & Bordas that represented Timmons’ family. “Tragically, in this case, that person was Mr. Timmons. Hopefully, this jury’s verdict will cause other companies to think twice in the future before choosing to ignore safety issues at their facilities.”

Brown and Chris Regan, another Bordas & Bordas attorney, along with Rod Windom and Scott Windom of Harrisville, represented the Timmons family.

The trial, which spanned two weeks, included testimony from numerous experts, including compressed gas experts.

The explosion was caused by the dangerous conditions on a hydrogen storage tank at the Muskingum River facility and evidence during the trial showed that AEP had experienced a similar explosion at its Kammer Plant in Marshall County approximately 15 months early, but had not taken the steps to correct the problem at the Muskingum River facility following the Kammer explosion.

Circuit Judge David Hummel presided over the case.

This case followed a June verdict returned by a Washington County, Ohio, jury in the amount of nearly $5.7 million to Drumand McLaughlin of Caldwell, Ohio, who sustained injuries in the same explosion. McLaughlin was also represented by Bordas & Bordas and the Windom Law Firm.

“Two juries have found that AEP acted with conscious disregard for human life in this case,” Regan said. “Nonetheless, AEP continues to try to evade responsibility and claim that no matter how bad its behavior, it owes nothing to the victims and should face no punishment. We disagree.”

July 29
State Farm Mutual Automobile Insurance Company, as subrogate of Andrew D. Robbins vs. Joseph Logsdon and Debra Logsdon
PA- Ryan S. Marsteller; J- Karl
* On Sept. 10, 2009, Logsdon collided with plaintiff’s insured Andrew Robbins. The claim was honored; as a result, plaintiff is now subrogated to the extent of $8,409.50. The defendant’s conduct is liable; pre – interest and fees are demanded.
Case number: 11-C-126

Aug. 5
Robert Smith, individually and on behalf of all others similarly situated vs. Warren Distribution
PA- Sandra K. Law; J- Karl
* Defendant employed the class members at its West Virginia facility at various times from 2006 to 2011. Plaintiffs claim their wages were not paid in full or a timely manner as required. Smith’s stipulated agreement with his attorney states individuals seek separate and distinct recoveries. A trial by jury is demanded.
Case number: 11-C-128

Aug. 9
Michele Oakland, Administrarix of the Estate of Maryann Oakland, deceased vs. David Michael Scott, Sr. and L.A. Pipeline Construction Company, Inc.
PA- Clayton J. Fitzsimmons; J- Hummel
* On Jan. 27, 2011, several drivers’s traveling behind Oakland, saw her flashing lights and were able to pass into the left lane. Scott was traveling south on W.Va. 2 near the former Bellaire Bridge, in a flatbed, carrying cargo and equipment. Scott collided into the rear of Oakland’s vehicle. He drove her vehicle onto and along a concrete barrier until finally moving into the left lane. Oakland’s vehicle burst into flames while she was trapped inside. Compensatory and punitive damages are sought in a trial by jury for her death.
Case number: 11-C-132

Aug. 16
Citibank, N.A. vs. Michael Mack
PA- Andrew N. Frye, III; J- Hummel
* Defendant is in default on a repayment obligation in the amount of $18,051.07. This amount with statutory interest is requested.
Case number: 11-C-136

Aug. 17
Citibank, N.A. vs. Glenn H. Kesselring
PA- Andrew N. Frye, III; J- Karl
* Defendant has failed to liquidate the balance due and owing of $14,830.45. Interest along with this amount is sought.
Case number: 11-C-139

Howard and Karen Coffield vs. West Virginia Department of Environmental Protection, Multitek and John Doe
PA- Christopher M. Turak; J- Hummel
* The defendant embarked upon a statewide program to collect and recycle used automobile and truck tires. A collection site was set up within Marshall County with Solid Waste Authority coordinating its efforts to assist at the tire collection site. On Aug. 22, 2009, while using the wheel crusher to crush a tire rim, a portion of the rim broke loose and flew through the air striking the plaintiff, Howard Coffield, in the face. Multitek failed to comply with safeguard regulations to prevent debris from ejecting during its use. Compensatory damages are sought in a trial by jury
Case number: 11-C-140

Aug. 22
Donald D. Dulaney vs. Marshall County Animal Shelter and Animal Rescue League and Josh Nelson
PA- William C. Gallagher; J- Hummel
* On Oct. 9, 2009, plaintiff was a non-paid volunteer performing his regular duties when it became necessary to move a feral cat to a more secure lodging. Nelson recklessly mishandled the cat, which attacked the Plaintiff, causing physical injury to his chest, face and neck. Plaintiff suffered through the necessity of a series of rabies injections and damages are demanded.
Case number: 11-C-144

Aug. 23
Thomas Cochran vs. Smith Oil, Inc.
PA- Daniel M. Balgo; J- Hummel
* Inadequate construction and maintenance conditions existed on the parking lot at the gas filling area. Said conditions are blamed for a fall accident. Despite their knowledge, defendant failed to warn plaintiff of the dangerous condition. Compensatory damages are sought together with interest and costs.
Case number: 11-C-146

Aug. 24
Jill L. and Jerry Rush vs. Edward Conley
PA- Eric M. Gordon; J- Karl
* On Sept. 17, 2009, Jill Rush was driving a vehicle owned by William Hooker. She was stopped at a flashing red light on Jefferson Avenue and Fifth Street when defendant struck her in the rear. The collision resulted in injuries and damages. Judgment is demanded to sufficiently compensate her for those injuries.
Case number: 11-C-147

Sept. 12
Ronald Walker vs. U.S. Bank National Association
PA- Daniel F. Hedges; Jacklyn A. Gonzales; J- Karl
* Plaintiff is a disabled widower living in a home that has no running water, because the well is ruined, presumably due to gas drilling in the area. He hauls water from town for drinking and collects rainwater for all other purposes. Wells Fargo has legal title to the home and is seeking to foreclose. Walker filed a Chapter 13 bankruptcy. Defendant stands to gain little through a foreclosure of a home that has no running water. Plaintiff wishes to pay the loan and stay in his home. The Court is asked to grant equitable relief.
Case number: 11-C-155

Sept. 13
Citibank, N.A. vs. Joyce A. Fahey aka Joyce A. Wayt
PA- Andrew N. Frye, III; J- Hummel
* Defendant has failed to liquidate the sum balance due and owing of $13,732.22. Judgment is demanded for this amount, with interest and costs of this action.
Case number: 11-C-156

Sept. 16
Michelle Villers; Edgar L. Yoho, Jr.; Sarah B. Villers, Individually and as Administratrix and Personal Representative of the Estate of Crystal M. Derby, Deceased; Amanda Villers; and Melissa Horner vs. Estate of Richard W. Derby, Deceased; Rosie’s Roadhouse, Inc.; David E. Anderson; Lisa Anderson; and John Doe(s)
PA- Michael A. Adams; J. Bryan Edward; J- Hummel
* In the early morning hours of Sept. 19, 2009, on WV Route 250, Belton, Plaintiffs, Michelle Villers, Edgar Yoho and Crystal Derby, were traveling as passengers in a vehicle owned by Crystal and driven by her husband, Richard Derby. Derby was intoxicated; traveling at an unsafe speed when he crossed the center line crashing into a tree. The consumption of alcoholic beverages at Rosie’s Roadhouse created a catastrophic event that caused severe injuries to Villers and Yoho and the deaths of Richard and Crystal Derby. The plaintiffs suffered physical pain, as well as medical bills and ancillary expenses for which they seek compensatory and punitive damages.
Case number: 11-C-160

MOUNDSVILLE — Five individuals are suing Rosie’s Roadhouse after they illegally gave alcoholic beverages to a man and then letting him leave the establishment and drive.

The Estate of Richard W. Derby, David E. Anderson, Lisa Anderson and an unknown individual were also named as defendants in the suit.

On Sept. 19, 2009, at about 3:16 a.m., Michelle Villers, Edgar L. Yoho Jr. and Crystal M. Derby were passengers in a 1992 Dodge automobile that was owned by Crystal Derby and being driven by Richard Derby on W.Va. 250 in Belton, according to a complaint filed Sept. 16 in Marshall Circuit Court.

Richard Derby was operating the vehicle illegally and unlawfully in a southernly direction while under the influence of alcohol or intoxicating liquors when he crossed the center line and crashed into a tree, according to the suit.

The plaintiffs claim the accident caused the deaths of the Derbys and serious injuries to Michelle Villers and Yoho.

Prior to the accident, Richard Derby was illegally consuming alcoholic beverages at Rosie’s Roadhouse, which was owned by the Andersons, according to the suit.

The plaintiffs claim the defendants permitted Richard Derby, who was visibly intoxicated, to enter the vehicle and drive.

Crystal Derby died as a result of the defendants’ negligence and was survived by her four daughters, Melissa Horner, Amanda Villers, Michelle Villers and Sarah B. Villers, according to the suit.

The plaintiffs are seeking compensatory and punitive damages. They are being represented by Michael A. Adams, J. Bryan Edward and Eric M. Gordon.

Marshall Circuit Court case number: 11-C-160

Sept. 22
Joseph H. Morgan vs. BAC Home Loans Servicing, LP
PA- Bren J. Pomponio; J- Hummel
* Morgan says defendant misrepresented the amount plaintiff owed on his mortgage. His payments were returned and repeatedly contacted him after he was represented by counsel. Defendant now seeks to foreclose on Morgan’s home. Plaintiff brings this action to save his home and obtain appropriate relief.
Case number: 11-C-162

Sept. 27
Rebecca Sutter vs. DeWayne G. Zombotti and Collena Zombotti
PA- Ronald W. Zavolta; J- Karl
* On March 12, 2011, Plaintiff parked her Infinity vehicle in the parking lot of the Ohio Valley Mall from 2:00 to 6:10 p.m. Upon her exit from the Mall, approaching her vehicle, she noticed severe and substantial property damage to the rear of her vehicle. Defendant promptly reported this collision to Belmont County Sherriff Dept. Zombotti acknowledged fault and complete liability for the collision with Plaintiff’s vehicle. Judgment is sought for damages suffered.
Case number: 11-C-163

Sept. 29
Nile Richmond vs. Donald Rogers
PA- Herman D. Lantz; J- Hummel
* On Oct. 3, 2009, Rogers collided with plaintiff’s vehicle when he failed to stop at a stop sign and yield the right of way. Rogers was cited for the infraction. Judgment for monetary damages and injuries is sought.
Case number: 11-C-164

Oct. 5
Mary Tedrow vs. William Whitlatch
PA- Ronald Wm. Kasserman; J- Karl
* On Oct. 23, 2009, Whitlatch drove a vehicle into the rear end of a vehicle operated by Tedrow. Plaintiff had underinsured motorist bodily injury limits. She seeks compensatory damages for the physical injuries suffered; for which she has incurred medical expenses.
Case number: 11-C-165

Oct.13
State Farm Mutual Automobile Insurance Company, as subrogee of Brandon Michael Bowman vs. Katelyn Nicole Jackson and William Speakman
PA- Ryan S. Marsteller; J- Hummel
* On Dec. 25, 2009, on Grant Ave. and 1st Street, Jackson collided with the insured’s vehicle causing damage. As a result, plaintiff honored the claim and reimbursed the insured the sum of $7,785.07. Plaintiff is now subrogated to the extent of $8,085.07 and hereby demands judgment against defendant.
Case number: 11-C-172

Ohio Power Company vs. Dearborn Mid-West Conveyor Company, Inc.
PA- Jeffrey A. Grove; J- Karl
* In 2004, OPC engaged in the construction of the Wet Flue Gas Desulfurization Retrofit Project (WFGD) at its Mitchell facility. Dearborn constructed the coal blending conveyor system which was completed and operational around Sept. 2006. On Oct. 14, 2009, an explosion occurred within the sulfur coal reclaim tunnel. Considerable expenses in perfecting repairs and design changes, are ongoing and to date, exceed $3,000,000. The design of the coal blending system permitted pockets of high levels of methane gas to collect at each feeder location. The ventilation system was installed incorrectly so as to promote the collection of coal dust, which like methane gas, is highly combustible. Defendant owed plaintiff a degree of skill and expertise as engineers. A trial by jury is demanded.
Case number: 11-C-173

Alisa Blosser vs. Matthew L. Horvath, Keith Lucas and Keith’s PreOwned Auto Sales
PA- Ronald W. Zavolta; J- Hummel
* On Oct. 13, 2009, Horvath violently struck Blosser, a pedestrian, as she crossed the street on Minellen Drive, in Bridgeport. Horvath was careless towards Blosser in that she failed to yield the right of way. Blosser’s injuries are permanent and lasting in nature. She has and will continue to suffer great pain. Compensatory judgment is demanded against defendants.
Case number: 11-C-174

Mary E. Lambert vs. Young’s Cafeteria and Restaurant Inc.
PA- Teresa C. Toriseva; J- Karl
* Lambert entered defendant’s restaurant for a monthly luncheon/ meeting for a club in which she was president, on Sept. 7, 2010. She left the meeting to use the restroom and upon her return to her table she tripped on a rug in the main entryway of the cafeteria. Her body landed into the brick wall at the facility. Lambert says she was hospitalized for a period of 6 weeks following this incident. She seeks judgment in her favor.
Case number: 11-C-175

Oct. 14
Patricia M. and Adam J. Hudek vs. Mary Oakland
PA- Robert J. Fitzsimmons; J- Hummel
* On June 29, 2010, Patricia Hudek was a pedestrian in the WalMart parking lot, in Moundsville, when Oakland collided into her. Defendant failed to maintain a proper lookout which caused Hudek to suffer injuries, some permanent in nature. Her husband has lost the consortium and servicers of his wife. Judgment is demanded for this violation in such an amount as a judge shall find.
Case number: 11-C-176

Oct. 20
United Bank vs. Thomas R. Hoyt, Mary Hoyt, as guardian and conservator for Thomas R. Hoyt
PA- Jay T. McCamic; J- Karl
* Petitioner requests the Court accept the notice of resignation and appoint a successor. The Bank no longer desires to act as trustee and it is believed the respondent no longer desires the Bank to act as trustee. Upon the appointment of a successor trustee, a final accounting is requested along with the transfer of all assets.
Case number: 11-C-179

Oct. 24
William E. Wheat vs. Bellaire Harbor Service
PA- Frederick B. Goldsmith; J- Hummel
* Wheat was employed as a Jones Act seaman aboard the M/V White House on Oct. 10, 2010. The vessel was near the Murray coal loading facility in Powhatan Point. Plaintiff claims he suffered injuries, not limited to a herniated disk, as a result of his work on this date. His injuries are claimed as a result of the unseaworthiness of Bellaire’s motor vessel. Judgment is sought for plaintiff’s future maintenance and cure.
Case number: 11-C-182

Union Bank, Inc. vs. Mound City, Inc., Tucker & Tucker Enterprise, Inc., et al.
PA- Gary L. Rymer; J- Karl
* Plaintiff instituted foreclosure actions against Tucker. The proceeds of $60,971.48 were applied creating a deficiency balance of $8,450.39. Judgment against Mound City in the amount of $60,232.22 is additionally sought.
Case number: 11-C-183

Nov. 9
Universal Well Services vs. Trans Energy, Inc., et al.
PA- Michael J. Kozakewich; J- Karl
* On Feb. 1, 2011, UWS served as general contractor for services performed at Keaton #1H well in Cameron. The principal amount of $678,656 is due from Trans Energy for this work. Trans Energy persists in its refusal to pay UWS the sums owing. Judgment is demanded for this amount and other damages.
Case number: 11-C-189

Nov. 14
David and Rhonda Polinski vs. Nationwide Mutual Insurance Company
PA- Scott S. Blass; J- Karl
* On March 22, 2010, a severe rain and hail storm caused damage to the terra cotta roof of Polinski’s home located on 5th Street. Plaintiff submitted an estimate, and Nationwide retained Panhandle Cleaning and Restoration to prepare a second estimate. Nationwide did not pay for the repairs necessary to restore their home to pre-storm condition. Judgment is demanded for compensatory damages.
Case number: 11-C-191

Pythian Building Corp. vs. Shirley Seymour d/b/a Tilly’s
PA- David Liberati; J- Hummel
* Defendant is indebted to plaintiff in the amount of $8,119.16 for failure to pay real estate taxes and premiums for the months of Sept., Oct., and Nov. Additional damages have incurred which $15,932.72 is demanded in judgment.
Case number: 11-C-192

Nov. 15
Westfield Insurance Company as subrogee of Janet Ritchea vs. Scott Allen Henry
PA- Andrew N. Frye, III; J- Karl
* Defendant collided with Ritchea causing property damage in the amount of $20,311.05. Westfield reimbursed insured for her loss. This subrogated amount, with interest and costs, is demanded.
Case number: 11-C-193

Nov. 16
Jill L. and Jerry Rush vs. Eleanor T. Miller
PA- Eric M. Gordon; J- Hummel
* Plaintiff Jill Rush was traveling on Route 2, near Long John Silver’s, when she collided with defendant. Miller is accused of failing to yield right of way. Judgment is demanded for plaintiff’s bodily injuries.
Case number: 11-C-194

James W. and Pamela T. Deel vs. Richard L. Groskopf and Erie Insurance Company
PA- Gregory A. Gellner; J- Karl
* On April 2, 2010, James Deel was driving westbound on 29th Street in Wheeling. Groskopf was driving in the opposite direction when he crossed left of center. Defendant was driving without the required liability insurance. Plaintiff has suffered expenses in excess of $15,500 and is entitled to uninsured motorist payments from her policy with Erie.
Case number: 11-C-195

Patterson- UTI Drilling Company vs. Trans Energy, Inc., Republic Partner VI, Donald W. and Mary Jo Yoders; Jack D. and Sharon L. Lucey
PA- Michael J. Kozakewich; J- Hummel
* On Dec. 9, 2010, Patterson, as general contractor, extended a preexisting contract to drill the Lucey Well in Cameron. Plaintiff is stilled owed $233,312.50, plus fees and costs, for their performed work. This amount is sought as an unjust enrichment.
Case number: 11-C-196

Nov. 17
Frank David and Penny Kay Fullerton vs. Bayer Corporation, et al.
PA- Diana H. Crutchfield; J- Karl
* Defendants Robert Baxter, Robert Greathouse, and Gary Durig were employed by Bayer as management supervisors of plaintiff Frank Fullerton during his employment from 1967 to 2006. He was deliberately exposed to liquids, residue, and vapors of toluene disocyante (TDI). The condition in which Fullerton was working, until his retirement, presented a high degree of probability of serious injury or death. Plaintiff suffered serious pulmonary lung disease as a result. Both compensatory and punitive damages are demanded
Case number: 11-C-197

Keith Lucas d/b/a Keith’s Preowned Auto Sales vs. Paul S. Boomer; Lucille McElfresh; Randy K. Gregory; Emery Smith and Elizabeth M. Carr
PA- David L. Delk, Jr.; J- Karl
* Defendants breached their obligations by failing to make the required payments on the motor vehicle, leaving a balance owed to plaintiff of $4,000; $3,036.60; $1,944.40; $4,522.63; and $1,424.80, respectively. Lucas seeks individual judgments against defendants for compensatory damages.
Case number: 11-C-199

Charles and Jean Jamison vs. McElroy Coal Company
PA- Eric M. Gordon, Jr.; J- Hummel
* The defendant conducted long- wall mining under and adjacent to the property owned by plaintiffs. In Dec. 2009, plaintiffs discovered that several of their developed natural water resources were no longer producing water. Plaintiffs have suffered a diminution in the value of their property. Defendants owe a duty to plaintiffs pursuant to the Surface Coal Mining and Reclamation Control Act. The Court is asked to determine whether plaintiff’s loss is a direct result of defendant’s long-wall mining operations.
Case number: 11-C-200

Nov. 21
Samuel I. White, P.C. vs. Helen L. Nilsen, U.S. Bank National Association, Citibank South Dakota, National Check Bureau, Bank of America
PA- Chris R. Arthur; J- Hummel
* On Feb. 28, 2005, Nilsen borrowed the principal sum of $37,000 from Countrywide Home Loans. Nilsen defaulted on the loan and proper Notices of foreclosure were executed. The property was sold at public auction, on Oct. 26, 2007, for $65,000. The Report of Sales indicate $24,865.69 remains to be disbursed. As a result of competing claims, plaintiff has no means, other than this action, to adjudicate and determine the rights of various defendants. Reasonable fees and costs required to pursue this action are requested.
Case number: 11-C-203

Kittle Hauling & Supply Co., Inc. vs. L.A. Pipeline Construction Co., Inc. and Caiman Eastern Midstream, LLC
PA- Joseph R. Canestraro; J- Karl
* Between August 2010 and April 2011, plaintiff supplied and transported materials ordered per 31 purchase orders and invoices to L.A. Pipeline. From Feb. 2011 until present, defendants have failed to make payment to plaintiff for services totaling $79,885.65. This amount, along with interest and costs, is demanded.
Case number: 11-C-204

Nov. 28
Sara L. Hall vs. City of Benwood
PA- Donald J. Tennant, Jr.; J- Karl
* On Aug. 30, 2011, plaintiff parked her car in a parking lot on the west side of 748 McMechen Street. Hall claims that as she was assisting a client across McMechen Street, she stepped into a “pot hole” causing her to twist her ankle and fall. Judgment is demanded against the City for their failure to fill or repair said defect or otherwise warn the public.
Case number: 11-C-206

Nov. 29
Francis E. Reilley and Myra Kay Reilley vs. Mohawk Lumber, LTD and LeRoy H. Yoder
PA- William A. Kolibash; J- Hummel
* In January 2011, Mohawk entered into negotiations to remove timber from plaintiff’s real property located on Duck Lane in Glen Dale. Acting through its agent; for the purpose of inducing plaintiffs to enter a Timber Contract, defendants asserted the price of timber was at an all time high. Taking advantage of plaintiff’s advanced age and failing health, defendants made fraudulent misrepresentations regarding standard industry practices. Punitive damages are sought along with additional relief.
Case number: 11-C-207

Anthony and Debora Shepherd vs. Ronald Calissie and Linda Calissie
PA- C. Richard Wilson; J- Karl
* On Dec. 4, 2009, defendant Linda Calissie was traveling in the Walmart parking lot in Moundsville. Plaintiffs were sitting in traffic at the exit road from the parking lot when defendants struck them from behind. Both plaintiffs suffered personal injuries, damages, lost wages, and other losses, which are or may be continuing in nature. Compensatory damages are sought in an amount to be determined by a jury.
Case number: 11-C-208

Dec. 2
Alicia Robinson, Individually, and as Mother, Guardian and Next of Friend of Chase Robinson, a minor vs. Northwood Health Systems, Inc. and The Board of Education of the County of Marshall
PA- Brent E. Wear; Mark Colantonio; J- Hummel
* Chase Robinson was a student at Central Elementary and a patient of defendant Northwood. On Dec. 3, 2009, Robinson suffered severe and permanent brain injuries when he hung himself with a dog lease/ chain. Northwood should have known that this minor had suicidal ideations which constituted danger a himself. He continues to receive treatment from multiple physicians as a result of this failed suicide attempt. Plaintiffs demand a trial by jury for compensatory damages, jointly and severally, along with punitive damages against Northwood.
Case number: 11-C-209

Dec. 7
Mark Albert and Bridget Albert vs. Ryan R. George
PA- Ronald Wm Kasserman; J- Karl
* On Dec. 12, 2009, Mark Albert was driving north on Route 2 and George entered Route 2 from the Boggs Run entrance ramp. This caused him to wreck into the pickup truck operated by Albert. George has suffered personal injuries, incurred medical expenses and will continue to endure pain. Albert was covered by underinsured motorist coverage by Nationwide Mutual and /or Progressive Insurance Company. Compensatory damages are demanded by any and all responsible underinsured motorists’ carriers.
Case number: 11-C-210

Dec. 12
Brian Means, Samantha Means; Brian Means and Samantha Means Next Friends of Camden Means, a minor; and Camden Means, in his own right vs. Stork Craft Manufacturing, Inc.; Wal-Mart Stores, Inc.; Eagle LTD, et al.
PA- Shane M. Mallett; Jacob M. Robinson; J- Hummel
* Defendant Wal-Mart sold a baby crib manufactured by defendant Stork that was structurally compromised. On Dec. 12, 2009, the baby crib broke causing Camden Means to become lodged between the baby crib and an electrical baseboard heating element in the apartment. Serious burns and other injuries were sustained. Defendants failed to adequately warn purchasers of the risks and dangers associated with the foreseeable and intended use of Stork Craft’s baby crib. Eagle breached its said duty by failing to provide a fit and habitable condition, not limited to failing to provide a safe heating source in plaintiff’s apartment. Compensatory and punitive damages are sought to punish and deter others from committing this type of conduct.
Case number: 11-C-212

Task: 166911

Family sues Stork Craft Manufacturing for injuries

MOUNDSVILLE — A family is suing Stork Craft Manufacturing after a defective crib injured an infant.

Wal-mart Stores, Inc.; Wal-mart Stores East, LP; Eagle, LTD; John Doe(s) Manufacturer/Distributor/Wholesaler were also named as defendants in the suit.

Brian Means and Samantha means purchased a Stork Craft baby crib for their child, Camden Means, according to a complaint filed Dec. 12 in Marshall Circuit Court.

The couple claims on Dec. 12, 2009, the crib caused injuries to Camden Means when it broke and caused the infant to become lodged between the crib and an electrical baseboard heating element.

Camden means sustained serious burns and other injuries because of the broken crib, according to the suit.

The defendants breached their express and/or implied warranties by not keeping the crib in a reasonably safe haven for the infant, according to the suit.

The Meanses claim the crib was defective and its structural integrity was compromised and/or made unsafe as a result of the defective instructions provided by the defendants.

The defendants failed to provide reasonable warnings and/or instructions as to the dangers of the crib, according to the suit.

The Meanses are seeking compensatory and punitive damages. They are being represented by Shane M. Mallett and Jacob M. Robinson.

The case has been assigned to Circuit Judge David W. Hummel Jr.

Marshall Circuit Court case number: 11-C-212