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West Virginia's Legal Journal

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    MADISON – A personal injury lawsuit against the City of Danville has been settled and dismissed.

    On March 19, both parties announced to the Court that all matters and differences between them had been fully settled, compromised and adjusted, according to a dismissal order filed March 20 in Boone Circuit Court.

    Harry Cantley claimed the City of Danville was responsible for maintaining the sidewalk where he tripped and fell in September 2009, according to a complaint filed Sept. 7, 2011, in Boone Circuit Court.

    Cantley claimed the sidewalk located near the intersection of Fourth Street and Smooth Avenue had a raised portion where pavement from Fourth Street abutted it.

    Because of the sidewalk, Cantley sustained injuries that included a broken wrist, two black eyes and facial contusions, according to the suit.

    Cantley was seeking compensatory and punitive damages with pre- and post-judgment interest. He was being represented by Brian L. Ooten of Shaffer & Shaffer PLLC.

    The City of Danville was represented by Luci R. Wellborn and Erin J. Webb of Kay, Casto & Chaney PLLC.

    The case was assigned to Circuit Judge William S. Thompson.

    Boone Circuit Court case number: 11-C-174


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  • 06/05/09--00:00: THIS JUST IN: Boone County
  • May 12
    Carolyn S. Dillon, Debra A. Curtis and Donna L. Lucas v. Grady D. and Glenn Hager
    PA — Katie L. Hoffman: J – William Stewart Thompson
    * The plaintiffs want the judge to partition a piece of property in Danville and want a judicial sale of the property. The plaintiffs also contend that Glenn Hager is blocking access to the property.
    Case number: 09-C-111

    May 14
    State of West Virginia and the West Virginia State Police v. $6,600.60 and Oliver T. Bassham
    PA — Justin A. Marlowe: J – William Stewart Thompson
    * The state seeks to keep the money that was seized from Bassham’s residence near Orgas.
    Case number: 09-C-112

    May 18
    Amber M. and Steven E. Balentine v. Erie Insurance Co. and Russell O. Thompson
    PA — Edwin H. Pancake: J – William Stewart Thompson
    * The plaintiffs seek compensatory and punitive damages from a 2007 car wreck in Danville.
    Case number: 09-C-115

    May 19
    Richard D. Brown Agency v. SHM Transport
    PA — Charles E. Hurt: J – William Stewart Thompson
    * The plaintiffs seek $31,000 from the defendant for damage on the defendant’s trucks from 2004 to 2008.
    Case number: 09-C-116

    May 20
    Billy and Kim McKinney, Riley and Connie Spry and Kyle Spencer v. Eastern American Energy Corp. and John Does 1-10
    PA — Joel Baker: J – William Stewart Thompson
    * The plaintiffs seek compensatory and punitive damages, alleging the defendant company releases natural gas from a tank in close proximity to their property.
    Case number: 09-C-117

    Pioneer West Virginia Federal Credit Union v. Michael A. and Stacy L. Smith
    PA — Campbell Woods: J – William Stewart Thompson
    * The plaintiff seeks $17,000 plus interest on a promissory note with the defendants that is allegedly in default.
    Case number: 09-C-118


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  • 07/10/09--00:05: THIS JUST IN: Boone County
  • June 9
    Susan Cook, as representative of the estate of Grace Kinder v. Massey Energy Co., A.T. Massey Coal Co., Omar Mining, Peabody Energy Corp., Heritage Coal Co., Patriot Coal Co. and Pine Ridge Coal
    PA — Roger A. Decanio: J – William Stewart Thompson
    * The plaintiff seeks damages for the “wrongful death” of Kinder due to allegedly contaminated drinking water casued by the defendants’ mining operations.
    Case number: 09-C-127

    Nicky and Sherry Hager v. Massey Energy, et al
    PA — Roger A. Decanio: J — William Stewart Thompson
    * The plaintiffs, from Seth, are suing over allegedly contaminated drinking water from the defendants’ mining operations.
    Case number: 09-C-128

    George and Joyce Hill, individually and as parents of Richard and Madeline Hill v. Massey Energy, et al
    PA — Roger A. Decanio: J – William Stewart Thompson
    * The plaintiffs seek damages from the defendant coal companies for allegedly contaminating drinking water in the area.
    Case number: 09-C-129

    Betty Adkins, individually and as parent of Elizabeth Butcher v. Massey Energy, et al
    PA — Roger A. Decanio: J – William Stewart Thompson
    * The plaintiff seeks damages from the defendant coal companies for allegedly contaminating drinking water.
    Case number: 09-C-130

    Vincent Santonio, individually and as parent of Alyssa and Scarlet Santonio v. Massey Energy, et al
    PA — Roger A. Decanio: J – William Stewart Thompson
    * The plaintiff seeks damages from the defendant coal companies for allegedly contaminating drinking water.
    Case number: 09-C-131

    Violet Green v. Massey Energy, et al
    PA — Roger A. Decanio: J – William Stewart Thompson
    * The plaintiff seeks damages from the defendant coal companies for allegedly contaminating drinking water.
    Case number: 09-C-132

    Betty Jo Dotson v. Massey Energy, et al
    PA — Roger A. Decanio: J — William Stewart Thompson
    * The plaintiff seeks damages from the defendant coal companies for allegedly contaminating drinking water.
    Case number: 09-C-133

    Vickie Runion v. Massey Energy, et al
    PA — Roger A. Decanio: J – William Stewart Thompson
    * The plaintiff seeks damages from the defendant coal companies for allegedly contaminating drinking water.
    Case number: 09-C-134

    June 16
    Larry and Tomma Johnson, individually and as parents of Lara and Cecilia Johnson v. Massey Energy, et al
    PA — Roger A. Decanio: J – William Stewart Thompson
    * The plaintiffs seek damages from the defendant coal companies for allegedly contaminating drinking water.
    Case number: 09-C-140

    James and Sharon Hubbard v. Massey Energy, et al
    PA — Roger A. Decanio: J – William Stewart Thompson
    * The plaintiffs seek damages from the defendant coal companies for allegedly contaminating drinking water.
    Case number: 09-C-141


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  • 07/17/09--00:00: THIS JUST IN: Boone County
  • June 26
    Sherri Fitzpatrick v. Curtis Atkins
    PA — Pro se; J — William Stewart Thompson
    * The plaintiff alleges the defendant stole her car and seeks either return of the car, or payment of $7,000.
    Case number: 09-C-146

    Sherri Fitzpatrick v. Ronald Runyon et al
    PA — Pro se; J – William Stewart Thompson
    * The plaintiff says the defendants conspired to burn down her mobile home on Coal River Road on Sept. 4, 2008. She’s seeking $100,000 for destruction of property.
    Case number: 09-C-148

    June 29
    Herbert Mitchell Jr. v. Phyllis Mullins
    PA — Page Hamrick III; J – William Stewart Thompson
    * The plaintiff alleges the defendant has defaulted on a $100,000 promissory note from 2007.
    Case number: 09-C-150

    Northern Hancock Bank and Trust v. Gary and Stacy McNeely Dunlap
    PA — Thomas J. Decapio; J – William Stewart Thompson
    * The plaintiff bank says the couple is in default for $33,254 on a manufactured home retail installation contract.
    Case number: 09-C-151


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  • 08/07/09--00:15: THIS JUST IN: Boone County
  • June 30
    Wendie Cook, individually and as executor of the estate of Jerry Dean Cook vs. Globe Life & Accident Insurance Co. and the West Virginia Life & Health Insurance Guaranty Association
    PA-Wendle Cook; J-William Thompson
    * Cook seeks payment of $160,000 death benefit on a Globe Life policy purchased by J.D. Cook in February 2003. Charging breach of contract, the complaint also wants a jury award of punitive damages and pre-judgment interest, expenses, costs and other relief.
    Case number: 09-C-154

    July 1
    Addam Perdue, Melanie Perdue and Brayden S. Perdue, a minor vs. Alex Energy Inc., Massey Energy Co., Massey Coal Services Inc. and Nicholas Energy Co.
    PA-Mark R. Staun; J-Thompson
    * Complaint seeks damages related to a Sept. 28, 2008, workplace injury to the then 21-year-old Addam Perdue at Alex Energy’s No. 1 Surface Mine in Drennen in Nicholas County. He was “struck and pinned by a hyddraulically controlled blast shield panel on a highway miner,” causing severe, permanently disabling and debilitating injuries and facial trauma, the loss of sight in the right eye and hearing loss in the left ear.
    Case number: 09-C-155

    July 6
    Donnah Moore vs. Thomas N. Green, individually and as administrator of the estate of Donald Dean Moore and John Price
    PA-Todd A. Mount, K. Brian Adkins; J-Thompson
    * The plaintiff, from Fort Myers, Fla., seeks proper title for $180,000 in certificates of deposit at Whitesville State Bank owned by the late D.D. Moore. The Boone County Commission confirmed in June 2007 “a short form” estate settlement, listing Donnah Moore as sole beneficiary. She wants clarification concerning non-probate assets.
    Case number: 09-C-157

    July 8
    Gregory A. Lester vs. Elk Run Coal Co. Inc.
    PA-Rudolph L. DiTrapano; J-Thompson
    * Complaint cites an October 2007 head injury at Elk Run’s underground mine at Round Bottom allegedly caused by a defective operator protection canopy on a roof bolting machine that fell on Lester. He was knocked unconscious and suffered head, neck and back injuries. He claims medical advice forced him to quit his employment following six months off the job and he seeks judgment to fairly compensate him for his injuries and other damages plus legal fees.
    Case number: 09-C-159

    July 10
    Mickey Cline and Vanessa Cline vs. Mine Safety Appliances Co. and Persinger Supply Co.
    PA-G. Todd Houck; J-Thompson
    * A miner for 26 years, Cline used respirators made and sold by defendants. He claims those respirators “leaked substantial amounts of harmful dust into his breathing zone,” ultimately causing him to develop “black lung.” He seeks compensatory damages.
    Case number: 09-C-161

    Green Tree Servicing LLC vs. Roger D. Baldwin Jr.
    PA-Jason S. Long, Jennifer S. Caradine; J-Thompson
    * Green Tree says Baldwin has defaulted on a September 2001 loan totaling $109,628 to purchase a mobile home, which allows the company to repossess the Fleetwood unit.
    Case number: 09-C-162

    Brian Powell vs. Roger Ross, individually and dba Roger’s Logging, Gilbert Lumber Co. Inc. and John Does 1-10
    PA-Brett J. Preston; J-Thompson
    * The plaintiff, from Racine, says he suffered disabling burn injuries and medical bills of more than $250,000 when Ross, his supervisor, assigned him to burn a brush pile left from clear cutting a Big Ugly worksite. Before leaving the brush pile, Powell was told to use “mixed chainsaw gasoline contained in a milk jug” for the burning, contrary to state and federal regulations. The container ignited and exploded, “spewing gasoline and fire over his body.” He seeks compensatory and punitive damages, jointly and severally, plus costs, fees, pre- and post-judgment interest and other relief.
    Case number: 09-C-164


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  • 08/14/09--00:05: THIS JUST IN: Boone County
  • July 14
    Roger Bryant vs. Raven Crest Contracting LLC, JMP Coal Holdings LLC, JMP Holdings LLC and William A. Styles
    PA-Matthew M. Hatfield; J-Thompson
    * Employed more than a year as a heavy equipment operator, Bryant says he was unlawfully terminated because he attempted to receive workers’ compensation benefits. He seeks damages for lost wages, benefits, back and front pay and various damages as well as court costs and attorney fees.
    Case number: 09-C-182

    July 16
    Travis Long vs. Boone Memorial Hospital and Jennifer D. Hensley MD
    PA-Richard D. Lindsay; J-Thompson
    * Long, a diabetic, went to the hospital in April 2008 with sickness and back pain. He was discharged shortly thereafter. He returned a few days later saying he had hip pain. He again was discharged. Third time, he complained of nausea, vomiting and diarrhea. He was diagnosed with sepsis and moved to CAMC and admitted to the critical care unit. He was intubated and put on a ventilator for two weeks before a required tracheostomy and permanent trach tube and loss of his voice. He seeks compensatory damages, legal costs and fees.
    Case number: 09-C-183

    July 17
    Brickstreet Mutual Insurance Co. vs. D&G Distributors Inc. and Gary Cooper
    PA-Clinton W. Smith; J-Thompson
    * Brickstreet says the Whitesville company owes $23,000 in premiums plus pre- and post-judgment interest, late charges and legal costs.
    Case number: 09-C-186

    July 22
    William Johnson vs. West Virginia American Water Co., Safeco Insurance Co. of America and David Scott
    PA-D. Adrian Hoosier II; J-Thompson
    * Johnson blames defendants for damages to his dwelling where the water was negligently shout off during the winter of 2008, causing pipes to freeze. His complaint seeks compensatory damages.
    Case number: 09-C-214

    July 23
    Bill Hicks & Co. LTD vs. Graybeal Enterprises LLC and Matthew Graybeal
    PA-Paul S. Atkins; J-Thompson
    * Minnesota company seeks $28,000 on past due purchases ordered by the Peytona firearms and gunsmith firm.
    Case number: 09-C-215

    West Virginia ex. rel. Darrell V. McGraw Jr., Attorney General vs. Rite Aid of West Virginia Inc.
    PA-Frances A. Hughes; Bailey & Glasser LLP; J-Thompson
    * Complaint seeks jury judgment against the operator of 104 retail pharmacies in West Virginia for injuctive relief, civil penalties, restitution and disgorgement for violations of state law governing generic drug pricing and the state Consumer Credit and Protection Act.
    Case number: 09-C-217

    Maylinna A. Keeney, administratrix of the estate of Charles J. Keeney, deceased vs. Panther Branch Coal Co., Long Branch Development Co., Forest Coal Co. and Venture Services Co.
    PA-Harry M. Hatfield; J-Thompson
    * Keeney says her husband died as a result of an Oct. 28, 2008, rock fall in Mine No. 23 near Wharton. She says his injuries were caused by an unsafe working condition and demands compensatory and punitive damages jointly and severally as well as interests and costs.
    Case number: 09-C-218


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  • 09/04/09--00:00: THIS JUST IN: Boone County
  • July 27
    Shirley L. Tincher and Thomas E. Tincher vs. Market Management LLC, Gregory M Brewer and Susan J. Brewer
    PA-Jacqueline A. Hallinan; J-Thompson
    * Shirley Tincher says she was injured by defendants’ negligence and failure to provide a safe public accomodation when she visited their Sam’s Hot Dog restaurant and gambling parlor in Comfort in July 2007.
    Case number: 09-C-221

    Aug. 5
    Bennett & Daughter Security Associates Inc. vs. Shaffer & Shaffer PLLC and Susan Cannon-Ryan
    PA-Sherri D. Goodman; J-Hoke
    * Case stems from a 1999 judgment in Kansas against Paxton K. Spencer Jr. for $163,340. Spencer located later to Boone County. The Kansas-based plaintiff seeks damages from defendants it had hired in West Virginia to collect on a 1999 judgment. Spencer’s interest in real estate and mineral rights was involved in the original proceeding. Such interest, Spencer testified, was transferred to his wife, Nola Jane. Case was sent to Boone County from Kanawha County.
    Case number: 09-C-224

    Aug. 10
    State of West Virginia ex. rel. Darrell V. McGraw Jr., Attorney General vs. CVS Pharmacy Inc., Kmart Holding Corp., The Kroger Co., WalMart Stores Inc., Walgreen Co. and Target Stores Inc.
    PA-Brian A. Glasser, John W. Barrett, Michael L. Murphy; J-Thompson
    * McGraw wants a jury to bring injunctive relief against the six defendants and determine awards for civil penalties, restitution and disgorgement for violation of state law governing generic drug pricing. Complaint says defendants’ stores regularly overchage in violation of the West Virginia Consumer Credit & Protection Act.
    Case number: 09-C-226

    Green Tree Servicing LLC, as successor servicer for Dynex Financial Inc. vs. Cynthia McKinney
    PA-Timothy J. Amost; J-Thompson
    * Green says the Danville resident is deliquent on a $60,000 promissory note and seeks authority to repossess her mobile home.
    Case number: 09-C-227

    Aug. 12
    Michael Keyes vs. Hygeia Facilities Foundation Inc. dba Raleigh Boone Medical Center
    PA-Douglas V. Atkins; J-Thompson
    * Keyes seeks general and punitive damages, lost wages and legal expenses because the Whitesville non-profit clinic disclosed his confidential medical records to unauthorized persons.
    Case number: 09-C-230

    Aug. 17
    Rexold Pauley, individually and on behalf of the estate and wrongful death beneficiaries of Gladys Pauley vs. Advocat Inc., Diversicare Leasing Corp., Diversicare Management Services Co, Sterling Health Care Management Inc., Omega Healthcare Investors Inc., Kimberly E. Toney, John Does 1-10 and Unidentified Entities 1-10 (as to Boone Nursing Home & Rehabilitation Center)
    PA-Michael J. Fuller Jr.; J-Thompson
    * Gladys Pauley lived in the Boone Nursing Home & Rehabilitation Center from June 2007 until her death Aug. 24, 2007. Suit claims the 89-year-old woman died as a result of injuries suffered during the two months she was in the skilled nursing facility in Danville. “The scope and severity of the recurrent wrongs inflicted upon Gladys Pauley … accelerated the deterioration of her health and physical condition,” the suit states. The plaintiffs seek actual and punitive damages, attorney fees and court costs.
    Case number: 09-C-232

    Aug. 19
    Robert L. Bell Jr. vs. Betty M. Woodruff Bell, executrix of the estate of Robert L. Bell Sr., and Betty M. Woodruff Bell, individually
    PA-Charles E. Hurt; J-Thompson
    * Bell Jr. seeks judgment for $27,705 plus interest, costs and attorney fees he says he is owed from the deceased’s estate. Bell Jr. filed a claim against the estate approved by the Fiduciary Commissioner last February and the County Commission last June 16. He says the defendant has failed to pay claims and distributed estate assets to herself.
    Case number: 09-C-233


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  • 09/18/09--00:15: THIS JUST IN: Boone County
  • Aug. 19
    Jason S. Kise, individually, and Laci Kise, an infant, by Jason S. Kise, father and next friend vs. Brook Trout Coal LLC, Magnum Coal Co., Magnum Coal Sales LLC, Catenary Coal Co. LLC, Explo Systems Inc., Elite Coal Services LLC and John Rucker
    PA-Marvin W. Masters; J-Thompson
    * Complaint says the coal companies and Jason Kise’s supervisor Rucker had workers dispose of military munitions on their surface mining site that exposed them to a dangerous chemical substance 2, 4, 6-trinitrophenyl-methylnitramine, known as Tetryl. The Kises charge defendants “failed to provide protection, training, warnings and instructions … in utter disregard for the safety of workers and their families.” Kises demand joint and several compensatory and punitive damages, court costs and pre- and post-judgment interest.
    Case number: 09-C-234

    Aug. 25
    Garrett Tomblin vs. Chrysler Group LLC and Boone Motor Sales Inc.
    PA-Joel Baker; J-Thompson
    * Tomblin says the implied warranty on his new 2008 Jeep Wrangler was breached. He says, among other things, the vehicle was in for unsuccessful repairs about 113 days since it was purchased in March 2008. He seeks an award refunding him the purchase price with taxes and fees, as well as damages for diminished value of the vehicle, cost of reasonable repairs, loss of use, court costs, pre-judgment interest and replacement of Wrangler with a new vehicle.
    Case number: 09-C-238

    Aug. 28
    James C. Stewart and Terri Stewart vs. Newtown Energy Inc.
    PA-Edward G. Atkins; J-Thompson
    * The Stewarts seek damages, claiming James suffered three fractures and other injuries last January when a shuttle car operating at Newtown’s Eagle Mine slipped down “a steep, muddy, wet and slippery slope” to pin him to the side of the mine.
    Case number: 09-C-240

    Timothy Deavers and Shirley Deavers vs. Patriot Coal Corp. and Les Hatcher
    PA-Tony L. O’Dell; J-Thompson
    * Citing the clean coal reclaim tunnel feed gate at Patriot’s Rock Lick Prep Plant as “an extremely dangerous apparatus,” Timothy Deavers seeks compensatory damages for injuries he sustained in September 2007 while trying to close the feed gate. The plaintiffs seek joint and several compensatory damages with pre- and post-judgment interest and court costs.
    Case number: 09-C-243

    Sept. 1
    Frank Murr vs. Independence Coal Co. Inc dba Progress Coal Co.
    PA-Wendle D. Cook; J-Thompson
    * Murr says he was wrongly terminated in September 2007 after two years off his job receiving workers’ compensation benefits because of back and knee injuries suffered at the Boone County mine. After his claim was closed, he was told no positions were available and was placed on a callback list. But he was refused a layoff notice. Eventually, he says he was told he had been terminated in October 2006. He seeks compensatory damages for loss of present and future wages, insurance and pension benefits, court costs and exemplary and punitive damages.
    Case number: 09-C-244

    Steven Menear, Kenny White and Freelinda Dingess, individually and as mother/next friend of Bethany Brown, a minor vs. Sarah Simpkins, Peak Property & Casualty Insurance Corp. and Sentry Claims Service
    PA-Matthew M. Hatfield; J-Thompson
    * Complaint stems from an October 2008 accident on U.S. 119 at Alum Creek. Simpkins is accused of causing the impact that injured all four individuals in the auto owned and operated by Menear. Complainants refused the $25,000/$50,000 liability limits offered by Simpkins’ Progressive Classic Insurance Co. policy, citing she is underinsured. Menear is insured by Peak, but the insurer is accused of not offering him underinsured motorist coverage. The complaint demands jury judgment against Simpkins for compensatory, special and general damages plus court costs, pre- and post-judgment interest and separate jury awards of compensatory and punitive damages against Peak and Sentry, plus court costs.
    Case number: 09-C-245


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  • 10/09/09--00:00: THIS JUST IN: Boone County
  • Sept. 3
    Doug Bender vs. Independence Coal Co. Inc., Massey Coal Services Inc. and Massey Energy Co.
    PA-Harry M. Hatfield; J-Thompson
    * Bender, employed some 10 years by defendants, says he was unlawfully terminated last Aug. 14. He wants compensatory damages for, among other things, lost wages and benefits and back and front pay as well as punitive damages.
    Case number: 09-C-248

    Michael A. Angel and Angela M. Angel vs. Robert H. Smith
    PA-pro se; J-Thompson
    * The Angels contest a handwritten 30-day moving notice signed by Smith last Aug. 28. They chronicle a land contract agreement signed in May 2008 for property in Julian they say they complied with. They cite $,9777 paid out on the Middle Horse Creek Road property and difficulty locating Smith while residing there. They seek their money back and time we put in the place plus stress of moving. They also seek court costs.
    Case number: 09-C-249

    Sept. 8
    Billy Akers vs. Thunderhill Coal LLC, Jupiter Coal Co. Inc. and Walker Machinery Co.
    PA-Mark Hobbs; J-Thompson
    * In a September 2007 incident, Akers was driving an articulating truck at Thunderhill strip mine. He says workers told management the truck maintained by Walker Machinery was unsafe. He put the truck in reverse when something snapped and the vehicle went backward at high speed hitting a berm that caused it to roll over. He seeks joint and several compensatory damages for injuries. He also seeks a bifureated proceeding to determine proper workers’ compensation.
    Case number: 09-C-252

    Billy Akers vs. Volvo Group North America Inc. and Rudd Equipment Co. Inc.
    PA-Mark Hobbs; J-Thompson
    * This product liability complaint follows Akers’ personal injury suit listed above. He says the Volvo truck sold by Rudd was defective in design, workmanship and was “inherently dangerous.” He seeks joint and several compensatory damages plus punitive damages, pre-judgment interest on out-of-pocket expenses.
    Case number: 09-C-253

    Sept. 21
    Rexold Pauley, individually and on behalf of the estate and wrongful death beneficiaries of Gladys Pauley vs. Omega Healthcare Inc. and Kimberly E. Toney, administrator of Boone Nursing and Rehabilitation Center
    PA-Michael J. Fuller Jr.; J-Thompson
    * Gladys Pauley resided in Boone Nursing and Rehabilitation Center from June 2007 until her death Aug. 24, 2007, at age 89. The suit alleges 12 counts of negligence, state law violations, medical malpractice, malice, fraud and breach of fiduciary duty. Plaintiffs seek compensatory and punitive damages and court costs.
    Case number: 09-C-259

    Daniel Leonard, administrator ad prosequendum of estate of Sallie Rae Leonard, deceased, and in his own right vs. Mylan Inc., Mylan Pharmaceuticals Inc. and Mylan Technologies Inc.
    PA-Troy N. Giatras; J-Thompson
    * Complaint says the Michigan woman was found dead Sept. 22, 2007. The medical examiner determined death was caused by “acute fentanyl overdose.” Daniel Leonard says he was was given a prescription for Mylan fentanyl patches and was wearing one of the patches when she died. He seeks joint and several compensatory damages, court costs and fees.
    Case number: 09-C-260


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  • 10/23/09--00:00: THIS JUST IN: Boone County
  • Sept. 23
    Brian K. Miller vs. Virginia Drilling LLC and William K. Cheek
    PA- Mark A. Atkinson; J- William S. Thompson
    * Miller says he was “willfully, maliciously and unlawfully terminated” last June after five years of employment. He wants jury awards of lost wages and benefits, back and front pay, punitive damages, prejudgment interest, and attorney fees and court costs.
    Case number: 09-C-261

    Vanderbilt Mortgage and Finance Co. vs. George and Sharon Runion
    PA- Marc B. Lazenby; J- William S. Thompson
    * Complaint says the Seth couple obtained a March 2006 loan of $20,796. Vanderbilt cites terms granted a security interest in the Runions’ mobile home that Defendants sold to a third party. No monthly payments on the loan were made since last March and the finance company requests judgment for $20,819, plus interest accrued after September, post judgment interest and further relief deemed appropriate.
    Case number: 09-C-263

    Sept. 24
    Lesly Sexton Boggs vs. Barry S. Boggs
    PA- pro se; J- William S. Thompson
    * The Turtle Creek woman is suing for $9,000 she says she gave Barry Boggs to deposit in his account for the purpose of purchasing a vehicle for her after they married in May 2008. The marriage lasted a short time and Lesly says her name never was added to Barry’s bank account. She says in four months time he bought two vehicles and a boat costing $8,000. Their divorce settlement gave her the truck. “Mr. Boggs took complete advantage of the fact that I loved him and wanted to marry him …” Lesly complains.
    Case number: 09-C-265

    James and Patsy Atkins vs. James “Tug” and Connie Price
    PA- Bobby R. Hale; J- William S. Thompson
    * The Atkinses presented an ex parte motion for a temporary restraining order. The Prices were accused, among other things, of damaging and destroying Atkins’ property, trespassing, attempting to exclude Plaintiffs from their property, threatening Plaintiffs and family members, and allowing the Price’s vicious dog to roam freely in the neighborhood. Judge Thompson granted temporary restraining order and scheduled an Oct. 28 continuance on the matter.
    Case number: 09-C-266

    Sept. 28
    Freddie Adams vs. Handley Funeral Home Inc.
    PA- Paul L. Frampton Jr.; J- William S. Thompson
    * Adams says the Danville funeral home discharged him last August in retaliation for seeking workers’ compensation benefits. He wants a jury to award him damages for lost wages and benefits, back and front pay, and also punitive damages, prejudgment interest and attorney fees and costs.
    Case number: 09-C-267

    Oct. 5
    Christina M. Walls, individually and as Administratrix of the Estate of Joshua Dean Walls, deceased, and as Parent and Next Friend of Annabella J. Walls, Gabriella P. Walls and Joshua D. Walls Jr., infants vs. The Potential Heirs and Distributees of the Estate of Joshua Dean Walls
    PA- J. Robert Rogers; J- William S. Thompson
    * J.D. Walls was fatally injured in a head-on collision last July on W.Va. 85 near Quinland. Hs widow, Christina, requested Court approval of $100,000 in insurance settlements for wrongful death. Judge Thompson granted the Petition to Settle Claims and set Oct. 21 for a hearing.
    Case number: 09-C-227

    Oct. 9
    Joseph L. Justice vs. Independence Coal Co. Inc. d/b/a Endurance Mining Co.
    PA- Todd Bailess; J- William S. Thompson
    * Complaint says the coal company’s endloader operated by Justice in April 2008 at the West Cazy Surface Mine had an unsafe parking brake. Justice claims the company failed to maintain the endloader that resulted in his serious injury, and soon after he attempted to receive workers compensation benefits he was subjected to discrimination, harassment and retaliation, then “constructively discharged.” He wants a jury to award damages for lost wages and benefits, back and front pay, plus determine punitive damages, prejudgment interest and legal costs.
    Case number: 09-C-274

    John Eye vs. Progressive Casualty Insurance Co. Inc., Jim Lively Insurance Inc. and Gil DeLaRosa, Agent
    PA- Todd A. Mounts & K. Brian Adkins; J- William S. Thompson
    * Ambiguity of insurance policy language, according to the Complaint, and information provided by his insurance agent are contested in Eye’s quest to recover $61,887 got his insured mobile home that was stolen on October 2007. He was paid $30,500 by Progressive, citing his policy’s declarations page that places liability limits as “The lesser of Actual Cash Value Less Deductible Or The Marker Value $61,887.” Eye demands jury judgment against the Defendants, jointly and severally, “for such damages as may bo proven by the evidence …”
    Case number: 09-C-275


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  • 11/12/09--23:00: THIS JUST IN: Boone County
  • Oct. 16
    Matthew and Joanna Easter Carter, individually and as parents and as next friends and guardians of their daughter, V.J.B.C., a minor vs. Brian R. Adkins; Verizon West Virginia, Inc.
    PA- Andrew S. Nason; J- William Stewart Thompson
    * The Carters say Adkins, their neighbor, went to their residence during work hours in October 2008, and while talking to their 12-year-old daughter “raised his clothing and exposed parts of his anatomy…” knowing he “would cause emotional distress and harm…” The complaint mentions Adkins “was acting without the scope of his employment” with Verizon and was not properly advised. The Carters want jury judgment, jointly and/or severally, to compensate for various personal damages.
    Case number: 09-C-278

    Oct. 19
    Kara N. Harris-Black, individually and as Administratrix of the Estate of Howard T. Harris, deceased vs. Carter Roag Coal Co., a foreign corporation; Norman R. “Red” Hill Jr.; Richard A. Gear; Bucyrus America, Inc., a foreign corporation; and John Doe I, unknown and unidentified manufacturer
    PA- Timothy J. Manchin; J- William Stewart Thompson
    * The wrongful death suit recounts an underground mine accident on October 2007 at the Pleasant Hill Mine in Randolph County. Harris, employed as an electrician, was working on a power problem involving a conveyor system “when he became caught between the mobile bridge conveyor dolly and the Lo-Lo belt” and was fatally injured. Hill was the mine superintendent for Carter Roag, Gear was mine foreman. Bucyrus and John Doe I are accused of defective design of the coal moving system where Harris suffered fatal injury. Harris-Black alleges the Defendants knew of unsafe working conditions and wants jury determination of fair and equitable compensation for wrongful death.
    Case number: 09-C-280

    Oct. 20
    EQT Production Co. and EQT Gathering, LLC vs. Michael L. and Penny P. Brown
    PA- Stephen E. Hastings; J- William Stewart Thompson
    * Mineral extracting companies petitioned for an Emergency Temporary Restraining Order and Permanent Injunction against the Turtle Creek couple to prevent obstruction of EQT’s pipeline operations. EQT cites its right-of-way mineral lease on the Brown’s Indian Grave Road property, saying they have moved, crossed with heavy equipment, altered and covered the company’s two-inch natural gas pipeline. Judge Thompson granted the petition Oct. 26.
    Case number: 09-C-281

    Oct. 21
    Daisy Chandler Dingess vs. Blazer Energy Corp.
    PA- Patrick L. Cotrel; J- William Stewart Thompson
    * The Florida woman wants a jury to require Blazer to disburse royalty funds, with interest, she says are due on a December 2007 oil and gas lease involving five-plus acres of property in Peytona District.
    Case number: 09-C-283

    Oct. 26
    Sabrina Elswick vs. Frasure Creek Mining, LLC, and Independence Coal Co., Inc.
    PA- R. Michael Martin; J- William Stewart Thompson
    * Elswick complains mud, debris and coal slurry tracked from Defendants’ mining operations onto the roadway surface of Secondary Route 26 near Bandytown caused her vehicle to slide out of control off the road in October 2007. She seeks jury awards for personal injury and punitive damages, plus pre- and post-judgment interest, statutory attorney fees and any other general and further relief deemed proper.
    Case number: 09-C-285


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  • 11/19/09--23:05: THIS JUST IN: Boone County
  • Oct. 30
    Gary Holsetin Sr. vs. The Jim C. Hamer Company
    PA- Matthew M. Hatfield; J- William S. Thompson
    * Sixty-year-old Holstein says Defendant Jim Hamer should have returned him to his job following layoff of his shift in December 2008 from the company sawmill near Greenview, where he was an hourly worker for more than 22 years. Holstein says Hamer knew of his disability when the layoff occurred, then excluded him when a number of younger employees were recalled. He charged age and disability discrimination in violation of the West Virginia Human Rights Act and seeks jury awards of punitive damages, pre-judgment interest, attorney fees and court costs.
    Case number: 09-C-287

    Nov. 5
    Ronald & Macella Cook vs. Redman Homes, Inc.; Chapmanville Home Place, Inc.; Citizens National Bank; and Jimmy Buckner
    PA- Wendle Cook; J- Williams S. Thompson
    * The Cooks cite a multitude of costly unresolved problems resulting from installation of a manufactured Redman home purchased from Chapmanville Home Place. The July 2006 transaction involved lender Citizens National Bank at a total sales price and interest of more than $126,000. Buckner is described as a contractor/agent of CHP. The complaint lists 10 counts, including breach of contract and warranty, negligence, violation of Consumer Credit and Protection Act, deceit and fraudulent concealment. The Cooks want jury awards of a variety of compensatory damages, exemplary and punitive damages, plus attorney fees, court costs and pre- and post-judgment interest.
    Case number: 09-C-289

    Nov. 6
    Larry E. Adkins vs. Rebecca Estep
    PA- pro se; J- William S. Thompson
    * The complaint gives assumption that Adkins wanted consideration for his expenses attempting to repair the heating/cooling system in a home in Danville that he agreed to purchase from Estep in December 2007. Several service attempts failed to repair the system and Adkins says he was told the unit needs replaced.
    Case number: 09-C-290

    Nov. 9
    Stephen Chewning vs. Mine Safety Appliances Co., Persinger Supply Co., Fairmont Supply Co., Raleigh Mine & Industrial Supply Co., and Eastern States Mine Supply Co.
    PA- G. Todd Houck; J- William S. Thompson
    * The Madison coal miner says he was exposed to substantial amounts of harmful dust “because the respirators he used (manufactured and sold by Defendants) failed to protect him” during his 28 years in the mines. He has pneumoconiosis, or “black lung” disease. Chewning seeks jury awards of fair and reasonable compensatory damages, punitive damages only against Mine Safety Appliances, his court costs and pre- and post-judgment interest.
    Case number: 09-C-291

    Carl & Regina Bradshaw vs. Mine Safety Appliances Co., American Optical Corp., Persinger Supply Co., Raleigh Mine & Industrial Supply Co., Eastern States Mine Supply Co., Pineville Mine Supply, Inc., and Crest Supply Co., Inc.
    PA- G. Todd Houck; J- William S. Thompson
    * The Danville couple’s Product Liability suit says Carl Bradshaw developed pneumoconiosis, or “black lung” disease, because respirators he used that were manufactured and sold by the Defendants failed to protect him. They want jury determination, jointly and severally, of compensatory and punitive damages, plus awards of Plaintiff’s court costs and pre- and post-judgment interest.
    Case number: 09-C-292

    Steven L. Morrison vs. Tyler Co., LLC, and Baylea Services, LLC
    PA- Matthew M. Hatfield; J- William S. Thompson
    * Morrison complains he was unlawfully terminated on December 2008 because of age and disability discrimination in violation of the State Human Rights Act. He wants a jury to determine an amount of punitive damages and award him pre- and post-judgment interest, attorney fees and court costs.
    Case number: 09-C-293


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  • 12/03/09--23:05: THIS JUST IN: Boone County
  • Nov. 16
    Russell and Linda Deskins vs. Doris L. Norwood, an individual; U-Haul Co. of West Virginia; and U-Haul Co. of Arizona
    PA- Brett J. Preston; J- William S. Thompson
    * Logan County couple seeks jury determination of compensatory damages for personal injuries suffered by Mr. Deskins when his vehicle was rear-ended in November 2007 on US Route 119-Corridor G near Danville. The suit says the Cleveland, Ohio, defendant was cited for failure to maintain control while operating a rented U-Haul box bed truck and he has incurred more than $10,000 in medical expenses. Deskins says the U-Haul companies are liable for negligent entrustment.
    Case number: 09-C-297

    Green Tree Servicing, LLC vs. Christopher Douglas
    PA- Jason S. Long, Jennifer S. Caradine; J- William S. Thompson
    * Green Tree seeks repossession of a mobile home occupied by Douglas because the original purchase contract of June 2001 for some $86,000 with Gregory A. Moore and Lila F. Lowe was defaulted. The loan company says Douglas has wrongful possession of the collateral.
    Case number: 09-C-298

    Ford Motor Credit Co., LLC vs. Brian Tucker
    PA- Robert E. Stennett, Steven B. Mulrooney; J- William S. Thompson
    * Loan company suing for $26,339, plus interest, owned on a September 2007 purchase of a new Ford truck.
    Case number: 09-C-301

    Nov. 19
    Greg Jackson vs. Doris Norwood, U-Haul Co. of West Virginia and U-Haul International, Inc.
    PA- Robert B. Koenzel; J- William S. Thompson
    * Jackson sues for personal injuries, annoyance and inconvenience, plus lost wages, legal costs and prejudgment interest; complains Norwood caused a U-Haul vehicle she operated to strike his vehicle on US Route 119 near Danville in November 2007.
    Case number: 09-C-303


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  • 12/17/09--23:05: THIS JUST IN: Boone County
  • Dec. 1
    Boyce M. Jr. and Jill Bradley vs. Evelyn Bradley
    PA- Mark Hobbs; J- William S. Thompson
    * Bradley couple wants a jury to recognize and affirm the existence of an easement in a roadway controversy on defendant’s property. Plaintiff’s property on Spruce Laurel Fork in the Washington district shares a common boundary with Evelyn Bradley; they say ingress and egress has continued “uninterrupted without objection from the owner” for more than 10 years.
    Case number: 09-C-308

    Dec. 8
    Rebecca J. Short, Administratrix of the Estate of Richard Short, deceased vs. Potential beneficiaries of the Estate of Richard Short, deceased
    PA- Robert V. Berthold; J- William S. Thompson
    * Mr. Short, 61, died as a result of an accident last May when his vehicle was struck by an Enterprise renal vehicle. His widow notes agreements of personal injury liability insurance for $50,000 from Nationwide Mutual and $20,000 from Enterprise. The Danville woman petitioned for Court permission to settle her wrongful death claim and distribute settlement proceeds (there are three surviving adult children). Judge Thompson scheduled a final settlement hearing for Dec. 28.
    Case number: 09-C-311

    James S. Cook, administrator of the Estate of Michael Cook
    PA- Robert V. Berthold; J- William S. Thompson
    * Cook petitioned for permission to settle a $20,000 claim with Nationwide Mutual Insurance Company resulting from the death last September of his son caused by a vehicle collision in Madison. Besides the deceased’s parents, Michael Cook is survived by two sisters, a half-brother and a minor daughter. Judge Thompson ordered a hearing for Dec. 28.
    Case number: 09-C-312

    Dec. 11
    Green Tree Servicing, LLC vs. Billy J. Nelson
    PA- Jason S. Long, Jennifer S. Caradine; J- William S. Thompson
    * Green Tree says Nelson defaulted on a $40,000 contract involving his 1995 Fleming manufactured home and the finance company wants to repossess the structure defined as security collateral for the loan.
    Case number: 09-C-325


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  • 01/14/10--23:00: THIS JUST IN: Boone County
  • Dec. 15
    Patrick and Crystal Hairston vs. Lightning Contract Services, Inc., and IO Coal, LLC
    PA- J. Kristofer Cormany; J- William S. Thompson
    * The Omar, Logan County couple demand jury judgment jointly and severally against the contract personnel provider and coal company for personal injury. Hairston says he suffered in June 2008 in IO Coal’s Europa Mine in Boone County. He says federal and state mine safety regulations mandate a clearance of 24 inches between a personnel carrier and mine rib. Hairston contends he reported the company’s “mantrip” had insufficient clearance and when operating the underground carrier later, his right leg was crushed against the mine rib, resulting in amputation.
    Case number: 09-C-327

    Dec. 16
    Robert Pauley vs. Independence Coal Co., Inc.
    PA- Kristina Thomas Whiteaker; J- William S. Thompson
    * Pauley cites the West Virginia Human Rights Act, Family and Medical Leave Act and State common law in suing for wrongful discharge. He was employed in July 2006. He says migraine headaches caused him to miss several work days in 2008. In January 2009 he says he was verbally reprimanded for missing work. He says his wife required emergency appendix surgery in May, causing him to miss three days work. Discussions with his supervisor over absences resulted in being sent home and last May, Pauley was informed he was discharged “for not documenting his absence properly,” and was given pay for unused accrued paid time off. He’s presenting 13 issues for jury action, including violation of a substantial State public policy, awarding of back pay and benefits, reinstatement by employer, compensatory damages and litigation costs.
    Case number: 09-C-328

    Dec. 17
    Brittany Trail vs. Massey Energy Co., A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Independence Coal Co., Omar Mining Co., Black Castle Mining Co., Peabody Energy Corp., Heritage Coal Co., LLC; Patriot Coal Corp.; and Pine Ridge Coal Co., LLC
    PA- Roger A. Decanio; J- William S. Thompson
    * The former 18-year resident of the Prenter-Seth area seeks jury awards for personal injury she attributes to well water contamination caused by coal mining operations. Trail complains the defendants, individually and collectively, maintain impoundments and inject coal slurry into the ground, disturbing, destabilizing and contaminating various strata overlaying aquifers which supply well water to residents.
    Case number: 09-C-329

    Thomas and Carolyn Giles, as parent and guarding of Michelle Brown, a minor; Karlie Pettry, a minor; and Emily Giles, a minor vs. Massey Energy Co., A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Independence Coal Co., Omar Mining Co., Black Castle Mining Co., Peabody Energy Corp., Heritage Coal Co., LLC; Patriot Coal Corp.; and Pine Ridge Coal Co., LLC
    PA- Roger A. Decanio; J- William S. Thompson
    * Another personal injury suit against the dozen coal mining companies as styled above by the family residing on Sandlick Road, Seth.
    Case number: 09-C-330

    Doris McNeely vs. Massey Energy Co., A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Independence Coal Co., Omar Mining Co., Black Castle Mining Co., Peabody Energy Corp., Heritage Coal Co., LLC; Patriot Coal Corp.; and Pine Ridge Coal Co., LLC
    PA- Roger A. Decanio; J- William S. Thompson
    * The 40-year-old resident of Seth has a personal injury suit styled the same as the ones detailed above.
    Case number: 09-C-331

    Dec. 23
    Rodney D. Thomas vs. Massey Coal Services, Inc.; Universal Service and Supply, Inc.; and Coalfield Services, Inc.
    PA- Michael Ranson; J- William S. Thompson
    * Thomas’ personal injury suit stems from his work assignment in late February 2009 by contractor Universal Service and Supply to install water lines for a bathhouse on Massey Coal Services property. Because the work site was too close to the edge of a bench cut, he complains, ground gave way and caused him to fall more than 50 feet and injure his knee, hip and back. Thomas seeks compensatory, general and punitive damages in an amount set by a jury, plus court costs.
    Case number: 09-C-334

    Jan. 6
    Timothy and Ramona Mahon vs. Highland Mining Co.
    PA- Timothy C. Bailey; J- William S. Thompson
    * During his employment at Highland’s Rum Creek and Freeze Fork surface mines from 1999 to 2009, Mahon says he was exposed to excess levels of respirable dust. He was medically diagnosed last June with silicosis severely impairing his breathing and leaving him permanently and totally disabled. His work place injury suit demands jury award of compensatory damages for him and his wife, litigation costs, pre- and post-judgment interest and a biforcated proceeding to determine Workers’ Compensation offset.
    Case number: 10-C-1

    January 7
    Joshua W. Clay vs. Arch Coal, Inc. d/b/a Mountain Laurel Complex; Carlos Porter, mine superintendent, and Jeff Roberts, mine manager
    PA- Robert A. Kuenzel; J- William S. Thompson
    * Clay worked underground at Mountain Laurel as a roof bolter last April. He cites disagreements with superiors over the pace of section advancement Clay says concerned gas levels. Then in May, Clay says he made co-workers, his shift foreman and Porter aware of a crack in the roof top and disagreed with shift foreman Greg Gray about continuing to advance the section because roof bolts on hand were too short to make a repair. Clay, not wanting to continue advancing the section, told Gray he wasn’t feeling well and asked for a ride out. When on the surface, he was discharged by Porter and Roberts. Clay asks the court to reinstate his previous employment; determine personal damages, lost earnings and benefits, and punitive damage; and award pre-judgment interest and litigation costs.
    Case number: 10-C-2

    January 8
    Curtis Butcher Jr. vs. Roger Ritchie, an individual; Nationwide Mutual Insurance Co., and Carolyn Dayton, an individual
    PA- Harry M. Hatfield; J- William S. Thompson
    * Complaint contests Nationwide’s settlement offers subsequent to a February 2008 vehicle collision on W.Va. Route 85 near Greenwood. Butcher says he was safely operating a van for his employer, UPS, when Ritchie lost control of his truck moving toward him to cause the accident. Butcher says both parties have Nationwide policies and cites ongoing correspondence with the insurance company attempting to determine an amount he should receive because of injuries and expenses. He cites breach of contract and implied covenant, as well as unfair claims settlement practices by Nationwide. Butcher wants compensatory and punitive damages, plus litigation costs.
    Case number: 10-C-3


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  • 02/04/10--23:00: CIVIL FILINGS: Boone County
  • Jan. 12
    Mary Muncy vs. Massey Energy Co., A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc. d/b/a Black Castle Mining Co.; Independence Coal Co.; Omar Mining Co.; Peabody Energy Corp.; and Heritage Coal Co., LLC f/k/a Pine Ridge Coal Co.
    PA- John Sutter, Roger Decanio, John R. Mitchell Sr.; J- William S. Thompson
    * Muncy demands jury trial, citing personal injury and numerous other complaints; saying specifically defendants’ underground surface coal mining operations in and around the Seth-Prenter area “have disturbed and destabilized the various strata overlaying the aquifers and contaminated aquifers which supply water to the wells from which the residents…drew water for drinking and household purposes.” Muncy says, among other things, defendants are liable for “ultra-hazardous and/or abnormally dangerous activities.” She seeks judgments jointly and severally for a menu of personal and property damages, award of all litigation costs, court-administered and supervised medical monitoring program and order defendants to provide clean, safe water.
    Case number: 10-C-5

    18 additional complaints: 10-C-6 through 23 styled as above

    Jan. 13
    State Farm Mutual Automobile Insurance Co., as Subrogee of Arnold and Tonie Simpson vs. Michelle F. Ellis
    PA- Todd A. Mount; J- Thompson
    * Simpsons want a jury trial to accelerate payment, with interest and costs, of a March 2003 promissory note balance of $2,430. Complaint reviews an installment agreement for monthly payments of $25 to satisfy damages arising from a Mach 12, 1998, vehicle accident. Because defendant was in a floor situation early in 2004, she was allowed temporarily lower monthly payments to $5. In August 2004 plaintiff requested payments of $25 to resume. Complaint says Ellis made one $5 payment since September 2008.
    Case number: 10-C-24

    Jan. 19
    State of West Virginia and West Virginia State Police vs. 1992 Dodge Shadow & Jeffrey Matney
    PA- Asst. Prosecutor Justin A. Marlow; J- Thompson
    * Complaint cites State Contraband Forfeiture Act for seizure of the Obetz, Ohio, man’s vehicle involved in a drug dealing. State Troopers say a traffic stop in the Racine area resulted in discovery of 20.5 grams of crack cocaine. Judge William S. Thompson scheduled a hearing March 3 on the prosecutor’s petition for forfeiture.
    Case number: 10-C-28

    Jan. 25
    Branch Banking & Trusting Co. vs. Denver Silcox Jr.
    PA- Christopher R. Moore; J- Thompson
    * BB&T seeks more than $8,000 as deficiency balance owed, plus interest, on an October 2008 installment sale contract. The Seth man’s Ford Escape was repossessed as contracted security and sold, but after all fees and rebates were satisfied, the bank says Silcox remains indebted for a deficiency balance with annual interest.
    Case number: 10-C-30


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  • 02/25/10--23:00: CIVIL FILINGS: Boone County
  • Feb. 1
    Donnie & Terry Hicks vs. Danny J. & Sherry L. Hicks
    PA- Brian Casto; J- William S. Thompson
    * Plaintiff Hicks brothers, saying they are “attorneys in fact” for father Grady Hicks, cite a purported deed conveying two tracts of property to Defendants was obtained from Grady Hicks “through undue influence” in January 2008. Fraudulent conduct is charged, complaining Grady Hicks was diagnosed with dementia in 2004 and designated Donnie and Terry has attorneys in fact to protect his interests. Danny J. Hicks also is Grady’s son.
    Case number: 10-C-31

    Ernest H. & Margaret Thompson vs. Whitesville State Bank
    PA- Jennifer S. Wagner; J- Thompson
    * Thompsons say Bank breached its duty of care by misrepresenting insurance coverage of financed property at Dameron and its security interest. Complaint says Thompsons obtained a loan from Whitesville Bank in December 2004 for more than $68,000 to purchase a mobile home to place on their Naoma property. They planned to sell their home at Dameron after making improvements there and believed their loan was secured by both properties, with group hazard insurance held by the bank. There was disagreement over the Thompsons selling the Dameron property to a buyer they found and use the proceeds to pay off a portion of their loan’s principal balance. In October 2007 the Dameron home burned due to an electrical line fall. By the end of September 2009, Defendant continued debt collection activities again the Thompsons. They seek jury awards for actual damages, civil penalties of $4,400 for each violation of State Code Sections 46-A-5-101(1) and 106, plus litigation costs.
    Case number: 10-C-32

    Boone County Bank vs. Linda Searls
    PA- Thomas A. Zamow; J- Thompson
    * Bank seeks $22,998, plus interest and court costs, it says Searls owes on the difference from a defaulted real estate loan of $90,709 less $75,000, or the amount obtained from a foreclosure sale.
    Case number: 10-C-33

    Feb. 2
    Cecil Lilly vs. James E Gray
    PA- William B. Hicks; J- Thompson
    * Complaint says Gray crashed into Lilly’s pickup truck as Lilly was getting into his vehicle after striking two parked vehicles off W.Va. Route 85 near the Foggy Ridge Road intersection in February 2008. Complaint cites severe damage to Lilly’s truck and personal injuries. Graves was charged with driving under the influence of alcohol on the completed traffic report. Lilly seeks jury judgment to recover general, special and punitive damages, plus pre- and post-judgment interest and court costs.
    Case number: 10-C-34

    Feb. 5
    Pansy Adkins, individually and as Administratrix of the Estate of Roy M. Fleming vs. Leonard Bartram
    PA- J. Ryan Stewart; J- Thompson
    * Fleming was fatally injured in Wayne County when the vehicle he and Bartram were traveling in went over a bridge on Big Lynn Creek Road and into a creek. Investigating who was actually driving Bartram’s vehicle, Adkins seeks a verified Petition For Injunctive Relief to obtain medical records, the EMS report and blood sample/tyle, or DNA sample from Bartram. Petitioner is investigating possible wrongful death resulting from the Jan. 25, 2009, accident.
    Case number: 10-C-38

    Feb. 9
    Michael Spencer vs. Town of Chapmanville, Harold Lane, Steven Savage and Jerry Price Jr.
    PA- Wendle D. Cook; J- Thompson
    * Hewett resident Spencer was terminated as an employee of the Town of Chapmanville in February 2008. He says Defendants conspired to retaliate because he formally complained that Savage was convicted in Michigan in 188 of second degree sexual conduct with a female minor, and should not be allowed to work in and around schools. Spencer complains Defendants violated State Law, Public Policy and Human Rights Act. He seeks jury award of damages, among other things, for loss of wages, insurance and pension benefits, pre-judgment interest and litigation costs.
    Case number: 10-C-39


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  • 03/19/10--00:10: CIVIL FILINGS: Boone County
  • Feb. 11
    Board of Trustees of Prichard School; City National Bank of West Virginia, NA; PRC Holdings, Inc.; Riverside Park, Inc. vs. Hard Rock Exploration, Inc.
    PA- Richard J. Bolen; J- William S. Thompson
    * Oil and gas lease of January 2008 in question, involving more than 2,700 acres in Boone County. Plaintiffs say Hard Rock agreed to drill 10 wells by January 2009, 10 more by January 2010; that Defendant did not honor an agreement beginning with 2008 drilling that over 30 years would product “net royalties to the Plaintiffs in the total amount of approximately $1,767,337.00, none of which Plaintiffs received…” Citing court precedents, Complainants say ordinary remedy for breach of contract is money damages and seek jury judgment in an amount “to properly compensate them…” together with interest and any other entitled relief.
    Case number: 10-C-40

    Feb. 18
    Michael Pack, individually and as guardian and conservator for Ian M. Pack, a minor vs. Summer L. Burford, Vickie & Ronnie Mooney
    PA- Stephen P. Swisher; J- Thompson
    * The Kanawha City Plaintiffs seek jury award of a half-million dollars, plus costs, relative to a single vehicle accident off W.Va. Route 3 near Twin Poplars, Boone County. Burford, mother of minor Ian Pack, was driving her parents’ (Mooneys) vehicle late in February 2008, according to the complaint, and caused it to leave the road and strike a tree. The Pack child “was violently thrown in an about the vehicle, resulting in severe, painful and permanent injuries…” says Michael Pack. The Packs cite excessive speed and alcohol contributed to the mishap that made the boy “a priority trauma” in the Pediatric Intensive Care Unit of Charleston General Hospital. Complaint says Michael Pack was charged with medical bills in excess of $50,000 and lost wages of more than $5,000 while tending to his son.
    Case number: 10-C-41

    Jason Burford, as parent/guardian of Jason Burford Jr., infant, and Samantha Burford, infant vs. Summer Burford and Vickie Mooney
    PA- Brian L. Ooten; J- Thompson
    * Personal injury complaint relates to above described (10-C-41) vehicle accident. The 7-year-old boy and 3-year-old girl were passengers in the 205 Buick Terraza owned by Mooney and driven by Summer Burford when the vehicle left W.Va. Route 3 and struck a tree. Jason Burford seeks jury judgment, jointly and severally, for numerous medical expenses, litigation costs, pre- and post-judgment interest, other entitled relief and punitive damages.
    Case number: 10-C-42

    Feb. 19
    Danny L. Wilson vs. Mountain Edge Mining, Inc.
    PA- Tom Price; J- Thompson
    * The Danville man contends wrongful termination from his job at the Coalburg No. 1 Mine last October following a medical leave of absence. Wilson says the Fayette County-based company violated the State Human Rights Act and wants a jury to award him compensatory and punitive damages, including front pay and back pay, pre- and post-judgment interest, reinstatement and litigation costs.
    Case number: 10-C-43

    Feb. 22
    Sharon Evans, Executrix of the Estate of Archie Donald Kuhn vs. Boone County Bank, Inc.
    PA- Thomas H. Peyton; J- Thompson
    * Plaintiff claims Bank cleared two checks amounting to $43,500 in February 2008 having the forged signature of Kuhn just days before he died. Evans wants a jury to award reimbursement and pre- and post-judgment interest.
    Case number: 10-C-45

    Feb. 25
    Sadie White, individually and as Administratrix of the Estate of Jessie D. White vs. GMAC, Inc., Boone Memorial Hospital, West Asset Management, Inc., and Cabin Creek Health Systems
    PA- Dan R. Snugger; J- Thompson
    * Sadie White claims Defendants engaged in a debt collection practice in violation of State consumer protection law. She says each defendant was put on notice no later than late October 2008 that she was represented by counsel, but they continued repeated telephone and written contact directly with her, rather than her attorney. She seeks maximum compensatory damages by jury trail, not limited to civil penalties of $4,400 per statutory violation; reasonable attorney fees and expenses, and pre- and post-judgment interest.
    Case number: 10-C-48

    Daniel Sharp vs. Alex Energy, Inc. d/b/a Edwight Mining Co., subsidiary of A.T. Massey Coal Co., Inc., owned by Massey Energy Co.
    PA- Roger D. Forman; J- Thompson
    * Civil Rights suit charges Sharp was laid off in March 2009 while eligible to receive workers’ compensation benefits stemming from his January back injury when attempting to get down off a 1200 Hitachi Excavator. He says a missing bottom step caused his fall and that his employer knew of the unsafe working condition. Sharp seeks jury judgment for back and front pay, plus damages for pain and suffering, permanent impairment and other injury-related problems.
    Case number: 10-C-49


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  • 04/02/10--00:00: CIVIL FILINGS: Boone County
  • March 2
    Ronald Linville vs. Ropho Sales Inc.
    PA- Mark A. Atkinson; J- William S. Thompson
    * The 20-year-old employee complains Ropho violated the State Wage Payment & Collection Act after he left the company last January. Linville says he was entitled to wage and/or fringe benefits in full within 72 hours of termination, or by the next regular pay day. He seeks jury awards of damages for lost use of funds, among other things, and punitive damages.
    Case number: 10-C-54

    March 4
    Amanda Reynolds vs. Diversicare Management Services and Kim Toney, an individual
    PA- Matthew M. Hatfield; J- Thompson
    * Reynolds complains she suffered personal injuries in April 2009 at Diversicare’s Danville nursing home when the front door window at the receptionist’s location fell out of its frame and landed on her foot. She alleges the ownership and Administrator Toney were careless and negligent in properly maintaining a place of business open to the public. The Bob White resident demands jury judgment, jointly and severally, in an amount in excess of jurisdictional limits, plus special and general damages, litigation costs and pre- and post-judgment interest.
    Case number: 10-C-55

    March 5
    Leo R. Boggs Sr. vs. Paul and Linda Dolin
    PA- pro se; J- Thompson
    * Boggs has a long standing dispute over use of a small strip of land at Robison. He complains the Dolins are using property that belongs to him. In November 2006, the couple was granted summary judgment against Boggs by Judge E. Lee Schlaegel, awarding the Dolins a small strip of land through adverse possession. Boggs later lost in his complaint to the State Judicial Investigation Commission last December against then retired Judge Schlaegel’s decision.
    Case number: 10-C-57

    March 8
    Regina Miller, as mother and next friend of Evan Miller, infant
    PA- Brian D. Morrison; J- Thompson
    * Danville woman petitioned for approval of a net settlement of $34,000 with insurance companies resulting from injuries to her 16-year-old son in a January 2008 vehicle accident.
    Case number: 10-C-59

    March 9
    Donald J. Slone vs. Judith J. Slone Holstein
    PA- Bobby R. Hale; J- Thompson
    * Donald Slone claims possession of real estate in Scot District and a manufactured double-wide home on the property. He cites documented land value of $7,100 and $43,100 value of the home on record. He says Judith Slone Holstein owns no interest in the property and should be ordered to vacate immediately.
    Case number: 10-C-61

    March 12
    Johnny and Sherry Thompson vs. Mine Safety Appliances Co., Persinger Supply Co., Fairmont Supply, Raleigh Mine & Industrial Supply, Inc. and Eastern States Mine Supply Co.
    PA- John Hunt Morgan; J- Thompson
    * Working as a coal miner from 1969 to 1994 for several companies, the Foster couple claims Johnny developed “black lung” disease because of “hidden defects in and the inadequate warnings provided with the MSA respirators” he used. The Thompsons direct their product liability suit against the manufacturer and four agents, demanding jury awards of compensatory damages, punitive damages against MSA only, litigation cost, a declaration of rights between the parties and pre- and post-judgment interest.
    Case number: 10-C-62

    March 15
    Leo R. Boggs Sr. vs. W. Howard Boggs
    PA- pro se; J- Thompson
    * Plaintiff seeks $75,000 for damages he claims W.H. Bogs “…and his boys: inflicted on his farm house and property at Robison.
    Case number: 10-C-63


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  • 04/16/10--00:00: CIVIL FILINGS: Boone County
  • March 22
    Ida K. Legg, representative and Administratrix of the Estate of Lewis E. Legg
    PA- Mary B. Chapman; J- William S. Thompson
    * Legg’s widow petitions for settlement of a wrongful death claim. Ashford resident Lewis Legg was driving eastbound on Route 55, or Richwood Road, in Fenwick, Nicholas County, in October 2009 when a vehicle going west collided head-on with his van. Legg, 61, was pronounced dead at Summersville Memorial Hospital. Philip D. Green, driver of the westbound car, also is deceased. Ida Legg wants full release of the Green estate, having been offered $20,000 liability insurance coverage. The Legg’s insurer offered $100,000 of underinsured coverage, plus a $6,000 medical benefit.
    Case number: 10-C-6

    March 23
    Sarah Bennett, Administratrix of the Estate of Aaron M. Neel, deceased & next friend of Amber Neel, an infant
    PA- Katie MacCallum Nichols; J- Thompson
    * Aaron Neel was driving an automobile owned by Michael R. Prince in November 2007 when he lost control at a high rate speed, struck a utility pole and was fatally injured. Bennett petitions the Court for approval of a $20,000 settlement from First National Insurance Co. of America, Prince’s insurer, with $5,620 of the amount in an interest bearing account for the 16-year-ol Amber Neel, pending her 18th birthday.
    Case number: 10-C-69

    March 24
    Vanderbilt Mortgage & Finance, Inc. vs. Shane & Angel Green
    PA- Marc B. Lazenby; J- Thompson
    * Vanderbilt complains the couple defaulted on loan payments for Wharton real estate that was subsequently sold by foreclosure last February at the County Courthouse. Defendants have refused to vacate the property and Plaintiff asks the Court to order them to leave immediately.
    Case number: 10-C-70

    Brenda Jordan vs. E Mart, Inc.
    PA- Scott H. Kaminski; J- Thompson
    * Jordan says a handicap ramp in the company parking lot provided a hazardous condition that caused her to trip and fall on her face. She contends the ramp was the same color as the parking lot and violated “various industry standards…” “and was therefore negligent…” Jordan says she suffered a broken nose and other injuries; she seeks jury awards to compensate for her personal damages, as well as litigation costs and pre- and post-judgment interest.
    Case number: 10-C-71

    March 25
    Ford Motor Credit Col., LLC, formerly Ford Motor Credit Co. vs. Dain F. Bender Jr.
    PA- E. Taylor George; J- Thompson
    * Complainant seeks $23,876, plus 11.79 percent annual interest rate from last September, it says Bender owes on the purchase of a new pickup truck.
    Case number: 10-C-72

    March 29
    Kimberly & Donnie Hicks Jr. vs. Jermaine D. Brown, Arlette Brown, Clementine Patton, Roger A. Albright and Roger E. Green, d/b/a Rogers Used Cars & Towing
    PA- Shawn R. Romano; J- Thompson
    * Personal injury suit says Jermaine Brown caused a front-end collision with Kimberly Hicks’ vehicle in March 2009 on W.Va. Route 85 near Madison that led to a truck driven by Albright to also collide with Hicks. Albright was employed by Green. Complaint says Brown and Albright failed to “maintain proper lookout with regard to others” and control their vehicles. Negligent entrustment is involved, the complaint says, because Clementine Paton and Arlette Brown knew Jermaine Brown “to be incompetent or unfit to drive…” Seeking jury awards for damages in excess of the Court’s jurisdictional limits, the complaint claims Kimberly Hicks “has been permanently injured and handicapped…”
    Case number: 10-C-74

    April 5
    United Bank, Inc. vs. Douglas A. II Harless and Sandy Harless
    PA- James W. Lane Jr.; J- Thompson
    * Bank cites a September 2009 promissory note in the amount of $40,517 defaulted by the Danville couple, saying the Harlesses have yet to make a payment. A security interest against personal property was granted to the Bank. The complaint says there is a combined amount of principal, accrued interest and late fees of $41,813, plus pre-judgment daily interest of $7.32 after March 19. United Bank wants a Writ of Possession for its security interest that includes a 1997 model car, 1998 model boat, Caterpillar paver, 1992 model truck and a 1994 model dump truck.
    Case number: 10-C-79


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