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West Virginia's Legal Journal

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  • 04/30/10--00:00: CIVIL FILINGS: Boone County
  • April 7
    Larry D. Abrams vs. Analabs, Inc.; Medtox Laboratories, Inc. and Elk Run Coal Co.
    PA- Timothy C. Bailey; J- William S. Thompson
    * Following a July 15, 2009, drug test by urine sample, the complaint says, Abrams was informed on July 21 by Elk Run that he tested positive. Abrams protested and was advised to be retested at his own expense. He underwent a second test July 22, his complaint says, from Onsite In-Home Drug Testing and observed handling and labeling of his specimen, which e was not permitted to d July 15. Abrams was told his second test was negative. He reported that result to Elk Run, his complaint says, but was discharged July 27. He charges negligence in the way his July 15 drug test was handled and seeks jury awards jointly and severally for compensatory and punitive damages, all out of pocket losses, litigation cost and pre- and post-judgment interest.
    Case number: 10-C-80

    April 9
    Ronald Gillenwater vs. Independence Coal Co., Inc., d/b/a Progress Coal Co., c/b/a Massey Coal Services, Inc., John Does 1-5
    PA- Wendle D. Cook; J- William S. Thompson
    * Plaintiff complains he “suffered a permanent and totally disabling injury” in April 2008 as a passenger in a vehicle that truck a large rock in the roadway near an excavation site that created an unsafe working condition. Gillenwater seeks jury personal injury awards against the defendants, jointly and/or severally, in an amount sufficient to compensate “for his pain, suffering, future pain and suffering,” among other things; loss of wages, insurance and pension benefits, plus litigation expenses. He also asks for exemplary and punitive damages “…in an amount sufficient to deter future intentional and unlawful conduct.”
    Case number: 10-C-82

    April 12
    Charles and Rita Javins vs. Mine Safety Appliances Co., Persinger Supply Co., Fairmont Supply Co., Raleigh Mine & Industrial Supply, Inc., and Eastern States Mine Supply Co.
    PA- G. Todd Houck; J- William S. Thompson
    * Respirators manufactured and sold by defendants failed to protect him harmful dust during his coal mining job, the Javinses claim, causing Mr. Javins to develop advanced lung disease. The couple seeks jury awards of compensatory damages, punitive damages against MSA only, litigation cost, a declaratory of right between the parties and pre- and post-judgment interest.
    Case number: 10-C-83

    Ellett Brothers, Inc. vs. Graybeal Enterprise, LLC, d/b/a Graybeal Firearms & Gunsmithing
    PA- Ryan S. Marsteller; J- William S. Thompson
    * Ellett Brothers complains the company sold and delivered goods and provided services to Graybeal from about March to June 2008, amounting to more than $37,000 yet to be paid. The suit seeks payment of the account balance, plus pre- and post-judgment interest and court expenses.
    Case number: 10-C-84

    April 13
    Freddy and Jessie Conley vs. Joe C. Ferrell and White Amusement Co.
    PA- Wendle Cool; J- William S. Thompson
    * The Conleys complained to Boone Magistrate Court that one of Ferrell’s workers caused a fire that resulted in $3,500 damages to their building. Defendant’s attorney, Thomas A. Zamow, was granted a request to remove the case to Circuit Court for jury trial. Judge William S. Thompson scheduled a status conference for May 24
    Case number: 10-C-85

    April 15
    Rachel Holding Corp. vs. Samantha Thomas
    PA- Joel Baker; J- William S. Thompson
    * Rachel Holding claims the Peytona woman owes on a Visa account balance dating back to September 2006 and wants to collect $19,535, plus 24 percent in annual interest.
    Case number: 10-C-87

    Robin Dingess vs. Jonathan D. Matthews
    PA- Joel Baker; J- William S. Thompson
    * Dingess seeks jury award of compensatory damages for serious and permanent injuries she says she suffered in April 2008 when her vehicle, stopped to make a turn off W.Va. Route 85, was struck by a pick-up truck driven by Matthews. The Madison woman contends the defendant was speeding, following too closely the vehicle in front of him, performed an improper pass and generally failed to maintain control of his vehicle.
    Case number: 10-C-88

    April 19
    Huntington National Bank vs. Jackie H. and Ann E. Kelly
    PA- Robert L. Bandy; J- William S. Thompson
    * Bank says Kellys defaulted their March 1998 personal credit line agreement. HNB wants to collect $31,826, together with accruing interest of $2.83 per diem and costs, due last March.
    Case number: 10-C-89

    Harold and Sherry Gosnell vs. American Optical Corp., Raleigh Mine & Industrial Supply, Inc., Eastern States Mine Supply Co. and Crest Supply Co., Inc.
    PA- John Hunter Morgan; J- William S. Thompson
    * Gosnell’s product liability suit demands jury judgment against defendants, jointly and severally, for compensatory damages in an amount relative to evidence presented, punitive damages only against AOC, litigation costs, a declaration of rights between the parties and pre- and post-judgment interest. Gosnell, employed as a coal miner from 1976 until 1993, says he used respirators manufactured by AOE for protection against harmful dust into his breathing zone that led to black lung disease.
    Case number: 10-C-90


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  • 05/21/10--00:10: CIVIL FILINGS: Boone County
  • April 21
    Eric and Patricia Pauley vs. Independence Coal Co., Inc. d/b/a Endurance Mining Co. d/b/a Massey Coal Services, Inc. d/b/a Progress Coal Co. d/b/a Highland Mining Co.; Massey Energy Co.; A.T. Massey Coal Co., Inc.; and John Does 1-5
    PA- Steven Thorne; J- William S. Thompson
    * The personal injury suit seeks jury judgment against defendants, jointly and severally, for compensatory damages to satisfy present and future pain and suffering, plus court costs, attorney fees and other and further relief the Court deems proper. Eric Pauley was employed on April 23, 2008, as a truck driver at Endurance Coal’s surface mine at Bull Creek/ West Cazy. His complaint says the defective seat in the rock truck he was driving caused him to slam down when the vehicle hit a dip in the roadway, causing severe and permanent injuries.
    Case number: 10-C-93

    April 22
    Mitchell International, Inc. vs. Mike Hannah d/b/a Hannah’s Paint and Body
    PA- Daniel T. Booth; J- Thompson
    * Complaint says Hannah breached his March 2005 “End User License Agreement” with plaintiff for permission to use “certain proprietary database information and user manuals…” The 36-month agreement, Mitchell contends, required payment of $429 per month, with late payment interest. Complaint says Hannah stopped making payments in May 2007 on the contract running through March 1, 2008, and owes $5,016 together with interest from February 2008. Mitchell seeks judgment for unpaid balance, plus pre- and post-judgment for statutory interest from Feb. 1, 2008, plus costs of litigation and any other relief by the Court.
    Case number: 10-C-94

    April 23
    Scott G. Mandirola, director, Division of Water & Waste Management; and Thomas L. Clarke, director, Division of Mining & Reclamation; West Virginia Department of Environmental Protection vs. Catenary Coal Co., LLC
    PA- A.M. “Fenway” Pollack; J- Thompson
    * State agency charges Catenary with violating water pollution discharge permits at its Samples Mine Complex Cabin Creek No. 2 surface mine, including limitations on Selenium. WVDEP prays that “Catenary be enjoined from any and all future violations of the WPCA (WV Water Pollution Control Act) and from any discharge of pollutants except as expressly authorized by its NPDES (National Pollutant Discharge Elimination System) permits.” Complaint also cites State Code assessing civil penalties of $25,000, “for each day of each violation of the WPCA.”
    Case number: 10-C-96

    April 26
    USF Equipment & Services, LTD vs. Carl Baisden Jr., Tyr Group and Appalachia Mine Services, LLC
    PA- M. Hudson McClanahan; J- Thompson
    * USF claims products costing $23,744 were delivered to AMS at Wharton more than three years ago and have yet to be paid for. The Texas company seeks court judgment for “not less than” the $23,744 amount, plus pre- and post-judgment interest at a “contracted rate of 18 percent,” and litigation costs.
    Case number: 10-C-98

    April 28
    Government Employee Insurance Co. as subrogee of Michael R. Coffey vs. Richard Galeway
    PA- Andrew N. Frye III; J- Thompson
    * GEICO seeks to recover $11,991, together with post-judgment interest, court costs and attorney fees from the Hernshaw resident said to have caused a May 2008 vehicle collision on W.Va. 3 at Comfort. The insurer says Coffey’s automobile was a total loss and his wife, the driver, incurred medical expenses covered by their policy.
    Case number: 10-C-100

    April 29
    Mable Mullins, on behalf of Juanita Lawson 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 & Rehabilitation Center)
    PA- James B. McHugh; J- Thompson
    * Lawson, age 69, was admitted in July 2007 to Boone Nursing & Rehabilitation Center no longer competent to handle her own affairs, her daughter, Mable, relates. She contends Lawson suffered falls and injuries because, among other things, of corporate and administrative neglect, nursing home violations in the State Code, medical malpractice and fraudulent representation of care available. Mullins prays for damages to be determined by a jury exceeding the minimum jurisdictional amount to compensate for all personal injuries, litigation expenses and “punitive damages sufficient to punish defendants for their egregious conduct and to deter defendants from ever repeating such atrocities…”
    Case number: 10-C-101

    Michael B. Stavrakis vs. Terina L. Stavrakis
    PA- pro se; J- Thompson
    * Michael complains his estranged wife, Terina, withdrew $9,999 from $10,088 in Federal and State income tax refunds by direct deposit to their joint account at Whitesville State Bank. “An agreement was made,” he contends, “…that we would file a joint return so that our refund would be larger than filing separately.” He says he never intended “to forfeit the entire refund(s) nor did we agree to such terms.”
    Case number: 10-C-103


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  • 06/04/10--00:00: CIVIL FILINGS: Boone County
  • May 6
    Golden & Margaret Stapleton vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
    PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
    * Stapletons, former Seth residents, contend defendants “maintained, and/or are currently maintaining, impoundments and/or injecting coal slurry into the ground, in and around the Seth-Prenter area…” They say underground and surface mining operations pollute the water supply to residents’ wells with toxic substances such as “arsenic, manganese, iron, lead, sulfides…” Plaintiffs seek jury awards for recovery of anticipated medical monitoring costs; damages for personal injury; and property damages caused by the coal companies’ negligent and wrongful conduct. Also, they ask for pre- and post-judgment interest and punitive damages, both jointly and severally.
    Case number: 10-C-107

    Robert & Sandra Dodrill vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
    PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
    * Former Seth-Prenter area couple’s personal injury complaint is styled like above Case 107, contending the well water they used for drinking and household purposes was contaminated by defendant coal companies. Dodrills say the “mining activities and operations…constitute an unreasonable interference with the exercise of rights common to the general public, and have significantly interfered with public health, safety and peace.” The couple seeks jury judgment jointly and severally “for all injuries and damages proximately caused” by defendants negligent and wrongful conduct.
    Case number: 10-C-108

    James C. Maynard, individually and as administrator of the Estate of Sandra Maynard, deceased vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
    PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
    * Seth resident asserts his wife Sandra died May 11, 2005, “as a result of drinking and/or using contaminated (well) water from the defendants’ mining operations.” Maynard’s suit seeks, among other things, “damages for personal injury and wrongful death proximately caused by the negligent and wrongful conduct of the defendants.” Complaint styled like above cases, except for wrongful death claim.
    Case number: 10-C-109

    Deborah Welch, individually and as parent and guardian of her minor child, Jaimie L. Welch vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
    PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
    * Mother and daughter’s “personal injury and other tort” complaint follows style of above three cases seeking jury relief.
    Case number: 10-C-110

    Danny R. Deal vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
    PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
    * Comfort resident contends defendants maintained, and/or are currently maintaining, impoundments and/or injecting coal slurry into the ground, in and around the Seth-Prenter area. Deal says underground and surface mining operations pollute the water supply to residents’ wells with toxic substances such as arsenic, manganese, iron, lead and sulfides. Plaintiff seeks compensatory and punitive damages with pre- and post-judgment interest.
    Case number: 10-C-111

    Berry Massey, individually and as parent and guardian of two minor children vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
    PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
    * Seth resident contends defendants maintained, and/or are currently maintaining, impoundments and/or injecting coal slurry into the ground, in and around the Seth-Prenter area. Plaintiff says underground and surface mining operations pollute the water supply to residents’ wells with toxic substances such as arsenic, manganese, iron, lead and sulfides. Plaintiff seeks compensatory and punitive damages with pre- and post-judgment interest.
    Case number: 10-C-112

    Travis S. Cook vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
    PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
    * Seth resident contends defendants maintained, and/or are currently maintaining, impoundments and/or injecting coal slurry into the ground, in and around the Seth-Prenter area. Plaintiff says underground and surface mining operations pollute the water supply to residents’ wells with toxic substances such as arsenic, manganese, iron, lead and sulfides. Plaintiff seeks compensatory and punitive damages with pre- and post-judgment interest.
    Case number: 10-C-113

    Joe Runion, individually and as Executor of the Estate of Regina Runion, deceased vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
    PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
    * Seth resident contends defendants maintained, and/or are currently maintaining, impoundments and/or injecting coal slurry into the ground, in and around the Seth-Prenter area. Runion says underground and surface mining operations pollute the water supply to residents’ wells with toxic substances such as arsenic, manganese, iron, lead and sulfides. Plaintiff seeks compensatory and punitive damages with pre- and post-judgment interest.
    Case number: 10-C-114

    Leslie C. Watkins, individually and as parent and guardian of minor child Hannah Shelton vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
    PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
    * Watkins contends defendants maintained, and/or are currently maintaining, impoundments and/or injecting coal slurry into the ground, in and around the Seth-Prenter area. Watkins says underground and surface mining operations pollute the water supply to residents’ wells with toxic substances such as arsenic, manganese, iron, lead and sulfides. Plaintiff seeks compensatory and punitive damages with pre- and post-judgment interest.
    Case number: 10-C-115

    Kimberly Smith vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
    PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
    * Seth resident contends defendants maintained, and/or are currently maintaining, impoundments and/or injecting coal slurry into the ground, in and around the Seth-Prenter area. Smith says underground and surface mining operations pollute the water supply to residents’ wells with toxic substances such as arsenic, manganese, iron, lead and sulfides. Plaintiff seeks compensatory and punitive damages with pre- and post-judgment interest.
    Case number: 10-C-116

    Rebecca Ann Smith vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
    PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
    * Seth resident contends defendants maintained, and/or are currently maintaining, impoundments and/or injecting coal slurry into the ground, in and around the Seth-Prenter area. Smith says underground and surface mining operations pollute the water supply to residents’ wells with toxic substances such as arsenic, manganese, iron, lead and sulfides. Plaintiff seeks compensatory and punitive damages with pre- and post-judgment interest.
    Case number: 10-C-117

    Paul E. Perdue vs. Massey Energy Co.; A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co.; Independence Coal Co.; and Omar Mining Co.
    PA- John E. Sutter, Robert H. Miller, John R. Mitchell Sr.; J- William S. Thompson
    * Comfort resident contends defendants maintained, and/or are currently maintaining, impoundments and/or injecting coal slurry into the ground, in and around the Seth-Prenter area. Perdue says underground and surface mining operations pollute the water supply to residents’ wells with toxic substances such as arsenic, manganese, iron, lead and sulfides. Plaintiff seeks compensatory and punitive damages with pre- and post-judgment interest.
    Case number: 10-C-118


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    MADISON — The widow of a miner employed more than four years at the Upper Big Branch Mine has filed the second wrongful death suit related to the April 5 explosion that killed 29 coal miners.

    Helen Maynor, as administratrix of the Estate of Ronald Maynor, filed the complaint in Boone Circuit Court against three coal companies and their top executive.

    She says she is entitled to recover, jointly and severally, from the defendants “all damages allowed for Wrongful Death by West Virginia Code 55-7-6.” She also wants a jury to award punitive damages and litigation costs, plus pre- and post-judgment interest against Performance Coal Co. dba Upper Big Branch Mining Co., Massey Coal Services Inc., Massey Energy Co. and Massey CEO Don Blankenship.

    Ronald Maynor, a 31-year-old scoop operator for Performance Coal, died as a result of the April 10 explosion in the underground mine.

    His widow charges Performance Coal knowingly exposed him to unsafe working conditions; that Massey Coal Services “was responsible for designing and implementing the safety program” at Upper Big Branch, Massey Energy failed “to exercise competent direction and control of defendants Performance Coal and Massey Coal Services…” and Blankenship “was willfully negligent and acted in a reckless manner in his direction and control of all other defendants,” according to the complaint filed May 17 in Boone Circuit Court.

    Judge William S. Thompson will preside over the Maynor complaint presented by Attorney Mark D. Moreland.

    Moreland also filed the first lawsuit over the disaster on behalf of Marlene Griffith, widow of William Griffith. It was filed April 15 in Raleigh Circuit Court.

    Boone Circuit Court case number: 10-C-122


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  • 06/18/10--00:05: CIVIL FILINGS: Boone County
  • May 7
    John Kersey vs. Crossland Transport, Inc., and John M. Varney
    PA- K. Brian Adkins; J- William S. Thompson
    * Kersey’s personal injury suit comes from a November 2008 collision as conductor on a locomotive that struck a Crossland truck driven by Varney on Cow Creek Road. Complaint says Varney “failed to stop at a stop sign and railroad crossbucks and look and listen for oncoming train traffic.” Kersey seeks jury awards of special damages for past and future medical expenses, lost past and future wages and general and punitive damages.
    Case number: 10-C-120

    May 13
    Linda and Earl Turner vs. Motor Mutual Insurance Co.
    PA- Erin K. King; J- Thompson
    * Turners were involved in a May 2008 vehicle accident on Lick Branch Road which a Danville police officer found was caused by another driver. With settlements of insurance claims that followed, the Turners say they were unable to negotiate the underdrivers insured claim with their company, Motor Mutual. They ask for the Court to support their position.
    Case number: 10-C-121

    May 17
    Helen Maynor, Administratrix of the Estate of Ronald Maynor vs. Performance Coal Co. d/b/a Upper Big Branch Mining Co.; Massey Coal Services, Inc.; Massey Energy Co.; and Don Blankenship
    PA- Mark D. Moreland; J- Thompson
    * Ronald Maynor was employed as a miner for more than four years at the Upper Big Branch Mine as a scoop operator and died as a result of the April 10 explosion in the mine. Helen Maynor claims the defendants knowingly exposed her late husband to unsafe working conditions and failed to exercise competent direction and control. She is seeking all damages allowed for her wrongful death suit and punitive damages, plus pre- and post-judgment interest.
    Case number: 10-C-122

    May 20
    Tonya L Shadd, individually and as survivor, next of kin and Administratrix of the Estate of Terry L. Shadd vs. Mine Safety Appliance Co., Persinger Supply Co., Raleigh Mine & Industrial Supply, Inc. and Eastern States Mine Supply Co.
    * Tonya Shadd says her coal miner husband developed pneumoconiosis, known as “black lung” disease, because of hidden defects and inadequate warnings attributed to respirators he used that were manufactured and sold by the defendants. A coal miner some 22 years, Mr. Shadd died in December 2008 from advanced lung disease. His widow seeks jury judgment, jointly and severally against the four defendants for compensatory and punitive damages, her court costs, declaration of rights and pre- and post-judgment interest.
    Case number: 10-C-123

    Vanderbilt Mortgage & Finance, Inc., successor-in-interest to Oakwood Acceptance Corp. vs. James E. Butcher
    PA- Jason S. Long, Jennifer S. Caradine; J- Thompson
    * Finance company complains the defendant defaulted his April 2001 contract to pay installments on the total sum of $209,923 for an Oakwood manufactured structure. Since the structure was included as security interest on the contract, Vanderbilt wants Court assistance to repossess the building.
    Case number: 10-C-124

    Performance Coal Co.; Marfork Coal Co.; Elk Run Coal Co., Inc.; Goals Coal Co.; Alex Energy, Inc.; Spartan Mining Co. d/b/a Mammoth Coal Co.; Green Valley Coal Co.; and Knox Creek Coal Corp. vs. ECIRP Recycling, LLC and Johnnie Price
    PA- Jonathan L. Anderson; J- Thompson
    * The seven coal companies complain that Kentucky-based ECIRP breached its contract to collect and purchase scrap metals and copper at their mines. Unpaid compensation, the companies say, adds up to $216,815 and they charge unjust enrichment. They want jury judgment, jointly and severally, for compensatory damages, pre- and post-judgment interest and their court costs.
    Case number: 10-C-125

    May 27
    Charles A. Runyon vs. Scotty Arthur, Westfield Insurance Co. and Joanna Huffman
    PA- Matthew M. Hatfield; J- Thompson
    * Runyon has settlement issues regarding underinsured motorist coverage with his Westfield personal liability policy and company adjuster Huffman. Runyon reviews a May 2008 accident on W.Va. Route 85 near Danville when a vehicle operated by Arthur struck his truck from behind as he slowed for a traffic light. Arthur’s Nationwide policy had a bodily injury liability limit of $20,000 per person, according to Runyon, which will not fully compensate for his injuries. He notified Westfield that his own $300,000 underinsured motorist coverage should be applicable to the subject collision. Westfield offered $13,535 on it UIM coverage, which Runyon refused. Runyon wants jury judgment against his insurer for breach of contract, good faith and fair dealing; he also alleges unfair claims settlement practices by Westfield and Huffman.
    Case number: 10-C-126


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  • 06/25/10--00:05: CIVIL FILINGS: Boone County
  • May 28
    Geneva Miller, Emogene Estep, Daphine Hale and Robert Miller vs. Curtis Miller Jr. and Tiffany Smith
    PA- Bobby R. Hale; J- William S. Thompson
    * Plaintiffs are children and heirs of the deceased Earnest C. Miller Sr. and seek public sale of some six acres of real estate in the Washington District situated on the waters of Turtle Creek. The nature and character of the land, plaintiffs say, “cannot be conveniently or equitably partitioned…” for division among plaintiffs and defendants as tenants in common. They contend best interest of the owners is sale of the tract and dividing net proceeds through a court appointed special commissioner.
    Case number: 10-C-127

    James Williams vs. Appalachian Coal Sales, Inc. and Appalachian Coal Services, LLC
    PA- ; J- Jerome J. McFadden; J- Thompson
    * Williams’ personal injury suit alleges a May 2008 attack at Elk Run Coal by another employee Lou Jarrell. Williams had been directed by his employer, Dewar Corp., to work at Elk Run. He says he knew Jarrell from employment by Appalachian Coal Services when Jarrell was his immediate supervisor and, according to the complaint, had a history of violence in the work place in attacking fellow employees. Complaint avers that Defendants “negligently hired and negligently retained Lou Jarrell as an employee…when they knew or should have known that he had a propensity for violence toward co-workers and third parties.” Williams seeks jury judgment in an amount to fully and fairly compensate him and demands punitive damages.
    Case number: 10-C-128

    June 1
    Mohler Lumber Co. vs. Boone County Commission
    PA- William E. Mohler III; J- Thompson
    * Mohler Lumbar seeks a court order requiring the County Commission to “quit-claim” mineral interest in 120 acres of land situated in Boone and Lincoln counties. Mohler says a condemnation application involving Boone Parks and Recreation Commission “specifically indicated that the right and property intended to be taken was the surface interest…”
    Case number: 10-C-130

    June 2
    Deloris A. Thompson, executrix of the Estate of Justin A. Thompson vs. Country Club Chrysler Dodge, Inc.
    PA- J. Michael Ranson, Cynthia M. Ranson; J- Jay M. Hoke
    * This suit originally filed in Lincoln Circuit Court in June 2009 was subjected to venue change. Deloris Thompson charges the Harrison County dealership sold a defective 2005 Dodge Durango to the Lincoln County Commission for use by the Sheriff’s Department. Son Justin, a Deputy Sheriff, was killed in June 2007 while operating that vehicle on U.S. Route 119 in Boone County. Deloris complains the fatal accident “was caused by the absence of the then state-of-the-art Electronic Stability Control system…” She demands jury judgment for compensatory and/or special damages, and general damages along with litigation costs and any other relief allowed by law.
    Case number: 10-C-133

    June 3
    State of West Virginia and Boone County Sheriff’s Department vs. $3,185, 1997 Chevrolet Blazer, 1993 Pontiac Bonneville SE and Michael S. Thompson
    PA- Asst. Prosecuting Atty. Justin A. Marlow- ; J- Thompson
    * State and Sheriff’s Petition for Forfeiture will be heard by Judge Thompson on July 21. Pursuant to the State Contraband Forfeiture Act, the Sheriff wants possession of money, vehicles and a significant amount of illegal controlled substances seized last April at Thompson’s Spars Creek residence.
    Case number: 10-C-132

    June 4
    Patricia and Larry Burgess Sr. vs. Iona Dent, State Farm Mutual Automobile Insurance Co., Lee Greenhowe and Lindsay Fitzsimmons
    PA- Matthew M. Hatfield; J- Thompson
    * Boone residents Patricia Burgess and Iona Dent were involved in a two-vehicle June 2008 collision on U.S. Route 119 near Chapmanville in Logan County. Patricia was a guest passenger in a pickup truck owned by Thomas Crisp and operated by his grandson Larry Burgess Jr. Dent drove the vehicle that struck the Burgesses head-on. She was insured by Westfield, which paid full $100,000 liability limits to the plaintiffs. In dispute is Crisp’s coverage by State Farm and Dent’s Westfield policy, both about underinsured motorist benefit limits. Burgesses want jury award in excess of jurisdictional limits against Dent and compensatory, special and general damages together with court costs and pre- and post-judgment interest. They request UIM coverage from State Farm up to the $100,000 limit, among other demands, and compensatory and punitive damages, pre-judgment interest, court costs and further relief the Court may grant.
    Case number: 10-C-134

    June 7
    Scott G. Mandirola, director, Division of Water & Waste Management; and Thomas L. Clark, director, Division of Mining & Reclamation, Department of Environmental Protection vs. Pine Ridge Coal Co., LLC
    PA- A.M. “Fenway” Pollack; J- Thompson
    * State DEP agencies want Pine Ridge “enjoined from any and all future violations of the SDWA (Safe Drinking Water Act).” The coal company, says the State, has exceeded discharge limitations for certain water pollutants in its underground injection control permit. Court can impose a $25,000 per day penalty for each violation.
    Case number: 10-C-137


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  • 07/16/10--00:05: CIVIL FILINGS: Boone County
  • June 8
    Brandon Poe vs. David Ballard, Warden, Mount Olive Correctional Complex
    PA- pro se; J- William S. Thompson
    * Mount Olive inmate contends he is entitled to resentencing for appeal purposes and appointment of appellate counsel. Poe was sentenced as early as November 2005 for several felonies, including malicious assault, first degree robbery and wanton endangerment. He says his counsel at that time failed to file an appeal, as he desired.
    Case number 10-C-138

    Robert Harper, Jr.; Michael B. James, Ted Morriston, James Treadway, Clifton
    Scott vs. Massey Coal Services Inc.
    PA J. Michael Ranson, Cynthia M. Ranson, George B. Morrone, III, G. Patrick Jacobs; J- William S. Thompson
    * Class action suit claims Defendant violated the West Virginia Wage Payment & Collection Act, Chapter 21, Article 5, and specifies no involvement of Federal law. Plaintiffs say specific wage and hour violations included reporting to meetings, pre- and post-trip inspections off the clock, and travel to and from the start of work to an equipment site all without payment. They demand jury judgment for an amount equal to loss of all wages, plus interest; liquidated damages, attorney fees and costs, plus such other relief deemed just and proper.
    Case number 10-C-139

    June 14
    State Department of Health & Human Resources in the Interest of Geraldine Blosser, Incapacitated Adult
    PA- Jennifer L. Anderson; J- William S. Thompson
    * DHHR petitioned that the 66-year-old Peytona resident be defined as an incapacitated adult in an emergency situation with no one available to alleviate her situation. Judge Thompson appointed L. Scott Brisco as guardian ad litem to represent Blosser and ordered DHHR to transfer the woman and her belongings to an appropriate adult care facility, hospital or nursing home. State agency was appointed legal guardian and Judge Thompson scheduled June 22 for a hearing to determine future handling of the situation.
    Case number 10-C-142

    June 22
    John M. Bias, Joseph R. Blevins, Gene A. Bowen, Monty E. Boytek, Randy Boytek, John Chandler, James E. Elswick, Jr.; Westley Fraley, Michael Gallaher, Rondal Gillespie, Jr.; Fred V. Harless, Carlos G. Jarvis, Jr.; Dennis A. Miller, David G. Townsend vs. Arkema, Inc.; Belmont Laboratories, Cannelton Industries, Commercial Testing & Engineering Co., Diamond Shamrock, Inc.; Dow Chemical Co., Eastern Associated Coal, LLC; Gulf States Energy, Inc.; ICL-IP America, Inc.; IneosChlor America, Inc.; Interstate Chemical Co., Inc.; JSC Kaustik, Magic Chemicals, Inc.; Mid-State Chemical & Supply Corp., Miljac, Inc.; Occidental Chemical Corp., Oltchim, S. A.; Peabody Holding Co., Inc.; PPG Industries, Preiser Scientific, Inc.; Primachem, Inc.; PVS Chemicals, Inc.; Solvay Chemicals International SA, UnivarUSA, US Chemicals, Inc.; Legacy Vulcan Corp., Westmoreland Coal Co.
    PA- Thomas F.Basile; J- Thompson
    * Plaintiffs’ “Mass Tort Litigation” seeks jury awards of damages, jointly and severally, for personal injuries caused by exposure to chemicals in float-sink coal laboratories and related facilities. (Float-sink labs test specific gravity of coal, among other things, to assess quality and washability.) Complaint alleges deliberate intent by employer defendants for failure to warn against exposure to toxic chemicals and adequate warning by defendant manufacturers and distributors of adverse health effects. Plaintiffs want trial determination of compensatory and punitive damages, recovery of costs for medical screening and future medical monitoring, litigation costs, pre-and-post-judgment interest, and other and further relief deemed just and proper.
    Case number 10-C-144

    Winfield & Helen Lafferty vs. Massey Energy Co., AT. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co., Independence Coal Co., Omar Mining Co.
    PA- John E. Sutter, Robert H. Miller; J- William S. Thompson
    * Longtime Seth residents contend Defendants’ mining operations have caused contamination of their well water, which no long is safe to drink or use for household purposes. Laffertys say independent scientific testing of the Seth-Prenter water supply shows such toxic substances as arsenic, manganese, iron, lead and sulfides. They want jury judgment against the coal companies, jointly and severally, for a host of alleged damages and injuries attributed to unlawful, wrongful and negligent conduct.
    Case number 10-C-146

    June 23
    Wayne Turner vs. David Stanley Consultants, LLC; Elk Run Coal Co., Inc.; Massey Coal Services, Inc.
    PA- Robert B. Warner, Tammy Bowles Raines; J- William S. Thompson
    * Stanley Consultants is described as Turner’s employer engaged in the business of contracting laborers for work in the coal mining industry. Plaintiff, in October 2008, was employed in Elk Run’s Roundbottom Powellton Deep Mine at Sylvester, owned by Massey. Turner relates he was being transported by personnel carrier (“mantrip”) underground with 10 other workers. Attempting to stop the mantrip at a designated point, Complaint says, the driver was unable to stop the carrier by setting the brake. Complaint says the mantrip rolled backwards several feet, derailed and slammed into coal piller, causing Turner to suffer permanent and severe injuries. He contends miners were required to ride an unsafe mantrip designed to carry nine people, but overloaded with 11 passengers. Turner demands jury judgment for compensatory and punitive damages against Defendants, jointly and severally; pre- and post-judgment interest, attorney’s fees and litigation expenses.
    Case number 10-C-148

    June 28
    Scotty & Rebecca Powell vs. Bank of America, N.A. dba Bank of America Home Loans fka Countrywide Home Loans, Inc.; Hometown Real Estate, Inc.; Roseanna Trent, an individual; BAC Home Loans Servicing, LP, and John Doe Holder
    PA- Daniel F. Hedges; J- William S. Thompson
    * Madison couple complains Defendants engaged in predatory lending by soliciting “unsophisticated consumers to enter into unwise home secured loan based on misrepresentation and suppressions of an increasing payment.” Powells were looking to obtain financing to purchase a home in October 2006. Complaint says “It was only after the payments began to increase in mid- to late-2008 that Plaintiffs discovered this was a result of loan terms that were intentionally suppressed from them.” They say they got “confusing and conflicting information and instructions” for several months. Fearing foreclosure on their home, the Compaint says, Powells signed an “unfavorable loan modification” to begin December 2009. Counsel representation was obtained early this year. Powells seek a jury trial, citing some eight issues including fraud, unconscionable contract, breach of contract and illegal debt collection. They want actual damages and a $4,300 civil penalty for each violation of State Code, punitive damages, attorney’s fees, court costs, and such other relief deemed equitable and just.
    Case number 10-C-152

    June 30
    GEICO Insurance Co., as Subrogee of Richard McNeely, III vs. Clifford Adkins Jr.
    PA- Ryan S. Marsteller; J- William S. Thompson
    * GEICO contends Adkins caused a September 2008 collision of his vehicle with McNeely’s motorcycle on Smith Drive, resulting in damages and physical injury. Also, the insurer believes Adkins did not have valid insurance coverage. Since he was responsible for the collision, according to the complaint, Adkins is liable for any and all damages and GEICO seeks jury judgment for $16,637, plus pre- and post-judgment interest, and litigation costs.
    Case number: 10-C-153

    July 1
    US Bank, NA vs. Kermit & Pamela Bender
    PA- Robert L. Bandy; J- William S. Thompson
    * US Bank says it’s the successor by merger to Firstar Bank, N.A., which contracted with the Benders in October 2001 to finance a manufactured home. The original principal amount was $45,765 and the total sum was $105,595 for 240 monthly installments beginning in December 2001. The current Clothier residents defaulted on the agreement and US Bank wants to repossess the structure as collateral on the debt. Bank seeks judgment for $40,595, plus late fees of $1,437 together with accruing 9.9 % annual interest, court costs, and any deficiency in the amount realized from sale of the repossessed manufactured home.
    Case number 10-C-154

    Tracy Lambert, as Parent/Guardian of Brandon M. Lambert, Infant vs. Boone County Board of Education
    PA- Brian L. Ooten, Jamie F. Little; J- William S. Thompson
    * Complaint alleges “negligence, gross negligence and recklessness” by Van High School authorities when 9th-grader Brandon Lambert was beaten pursuant to changing clothes from gym class in the locker room late in February 2009. Personal injury suit says”.. .three male students entered…” while Lambert was alone changing clothes and”.. .Ryan Boggs began hitting Brandon Michael Lambert…while the other two students observed and acted as lookouts…Ryan Boggs continued hitting (Lambert) for approximately ten minutes…At one point…so hard that Ryan Boggs broke his own fist.” Lambert demands jury judgment for medical expenses, among other things, scarring and disfigurement, litigation costs, pre- and post-judgment interest, and all other relief to which he is entitled.
    Case number 10-C-156


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    MADISON — A mother has filed a personal injury suit against the Boone County Board of Education, alleging her seventh-grade daughter suffered nose and eye socket fractures when struck in the face by a bat during softball practice in the Wharton Grade School gym.

    Julie Sullivan, parent/guardian of Mikaela Lynn Nottingham Sullivan, cites school board negligence and intentional infliction of emotional distress. Her complaint identifies Patty Joy Adkins as coach of the Van Junior/Senior High team during an April 2009 practice.

    According to Sullivan, “Coach Adkins requested (Mikaela) play the position of catcher … she was not provided with the proper safety equipment for this position, including a face mask.”

    The girl normally played in the outfield. The complaint says the coach was hitting softballs to teammates when she “hit Mikaela Lynn Nottingham Sullivan directly in the face with the metal baseball bat.”

    Despite a profuse nose bleed and swelling, according to the complaint, “… Coach Adkins never attempted to obtain medical treatment” for the girl. A family friend took her to the hospital some five hours after the injury took place. She was diagnosed with a fractured nose and right eye socket, Sullivan says.

    The girl missed two weeks of school and couldn’t participate in softball the remainder of last year, and Julie Sullivan lost wages attending to her then 13-year-old daughter.

    Suit demands jury awards for past and future medical expenses, pain and suffering, loss of ability to enjoy life, emotional distress and mental anguish, annoyance and inconvenience, scarring and disfigurement, litigation costs, lost wages, pre- and post-judgment interest, and other relief to which Plaintiffs are entitled.

    Attorneys for Sullivan are Brian L. Ooten and Jamie F. Little in Judge William S. Thompson’s Boone Circuit Court.

    Boone Circuit Court case number: 10-C-161


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    MADISON — A Boone Circuit Court jury will be asked to determine damage amounts resulting from a fatal accident at the Samples Mine of Catenary Coal Co. on July 28, 2009.

    Beverly S. Gray, administratrix of the Estate of Mark A. Gray, cites unsafe working conditions as “a direct and proximate” cause of her husband’s death in bringing suit against Hawkeye Contracting Co. LLC, Catenary Coal Co. LLC and Appalachian Security Inc.

    The 27-year-old Belle resident was employed by Hawkeye of Pike County, Ky., to operate an articulated off-road dump truck during construction of two sediment ponds for the Samples Mine. The complaint says while Mark Gray was “backing his vehicle around one of the sediment ponds, the vehicle evidentially traveled through a berm the purpose of which was to keep vehicles from driving into the pond.”

    Gray’s truck went into the pond and capsized. Rescue efforts failed to get him out of the submerged vehicle. An autopsy reported .08 percent blood alcohol level and evidence of ongoing marijuana abuse by the deceased.

    The widow’s complaint says there was knowledge of potential alcohol consumption on the mine site and the companies failed to provide proper oversight and training to operate an articulating dump truck. She seeks judgment against the Defendants, jointly and severally, for damages in an amount to be set by jury, pre- and post-judgment interest, and all other relief deemed just and appropriate.

    Attorneys Charles M. Johnstone II and William M. Shrewsberry Jr. will bring the case before Judge William S. Thompson.

    Boone Circuit Court case number: 10-C-163


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  • 08/20/10--00:10: CIVIL FILINGS: Boone County
  • July 13
    Roger Wolfe, Jr. & Kimberly D. Wolfe vs. Pine Ridge Coal Co., LLC and John Pauley
    PA- Robert V. Berthold Jr., Robert V. Berthold III; J- William S. Thompson
    * Personal injury suit seeks jury awards for compensatory damages, jointly and severally, in excess of usual sums, together with pre- and post-judgment interest, litigation costs and further and general relief Court may deem proper. The Nellis resident charges failure of the Patriot Coal Corp. subsidiary to provide a safe work place at its Big Mountain No. 16 Mine, where on Nov. 6, 2009, a large, wedge-shaped piece of rock, weighing about 70 pounds, fell on Wolfe’s right foot causing “a three-fourths amputation, a bone graft surgery, and will require additional surgeries…” The personal injury suit alleges there were at least 11 known safety violations in the mine through last February and Supervisor Pauley directed Wolfe and other employees “to work in a ‘dangered off area …’”
    Case number 10-C-166

    Carl Jenkins vs. Patriot Coal Corp. and Catenary Coal Co., LLC
    PA- Roger D. Forman; J- Thompson
    * Jenkins complains Catenary Coal terminated him after 15 years employed as a warehouse technician because of his age. Because he was 40 years old last October, when terminated, Jenkins cites job protection under the West Virginia Human Rights Act. Saying his civil rights were violated, he seeks jury awards for back pay and benefits to date of verdict, reinstatement and front pay, attorney’s fees and costs, exemplary and punitive damages and other further relief deemed fair and just.
    Case number 10-C-168

    Morris Huddleston vs. Patriot Coal Corp., Catenary Coal Corp., LLC
    PA- Roger D. Forman; J- Thompson
    * The 57-year-old Huddleston says he was terminated because of his age in violation of the State Human Rights Act by Patriot subsidiary Catenary. He was employed as a warehouse technician from January 1990 to October 2009. Claiming his civil rights were violated, he wants a jury to reinstate him with back pay (if Defendant does not reinstate him, then front pay), award loss of benefits, punitive damages and litigation costs.
    Case number 10-C-169

    July 15
    Green Tree Servicing, LLC, Successor in interest to Conseco Finance Servicing Corp. vs. Pamela J. Donahue
    PA- Jason S. Long, Jennifer S. Caradine; J- Thompson
    * Green Tree seeks to repossess the $72,997 Clayton manufactured home the Seth woman contracted to purchase in November 1999. Contract terms showed a total sum of $123,045 in 240 consecutive monthly installments and made the unit a security interest for the finance company. Saying Donahue failed to make full installment payments, Green Tree claims she has wrongful possession of collateral according to her defaulted contract.
    Case number 10-C-170

    July 16
    Mary Pauley vs. Massey Energy Co., AT. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co., Independence Coal Co., and Omar Mining Co.
    PA- John E. Sutter, Robert H. Miller II; J- Thompson
    * The Seth resident’s personal injury suit alleges coal company operations led to “concentrations of known human carcinogens and toxins in the drilled water supply…” Pauley says her well water has been contaminated and no longer is safe to drink or use for household purposes. She wants jury judgment “against the Defendants, both jointly and severally, for all injuries and damages proximately caused by the negligent and/or wrongful conduct…,” awarding all her litigation costs, have the Court administer and supervise a medical monitoring program on her, have a Court order to abate any public or private nuisance, Court order that Defendants provide clean and safe water for her, jury awards of pre- and post-judgment interest, and all other relief deemed just and proper.
    Case number 10-C-172

    July 19
    Margaret Canter, Carl T. Sanders, Nathan O. Sanders, Morris R. Sanders, Bobby L. Sanders, Denzil B. Sanders Jr.; Ha F. Derouin, Betty Green, Dorothy B. Tucker, Gladys A. Ashby and Oleta R. Spurlock vs. Eastern American Energy Corp. and Energy Corporation of America
    PA- Richard A. Monahan; J- Thompson
    * Plaintiffs residing in West Virginia, Virginia, Kentucky, Florida and Michigan are heirs of some 38 1/2 acres of property known as “The Mattie Sanders Heirs Property” located at Six Mile Creek, Washington District. The property is adjacent approximately 200 acres, where Defendants obtained mineral rights. Plaintiffs relate that in April 2008 they did not agree to provide an easement on their property for one or more gas pipelines. Heirs say the energy company conducted “intentional and unlawful trespass” by installing pipelines that “altered and damaged the surface and subsurface of Plaintiffs’ real property, including, but not limited to, the cutting, destruction, and/or removal of timber …” which they discovered in November 2008. Plaintiffs detail five counts in their complaint, each demanding judgment jointly and severally, for compensatory and punitive damages in amounts to be determined by a jury, litigation costs, plus such other, further and general relief as deemed just and proper by the Court.
    Case number: 10-C-174


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    CHARLESTON — Massey Energy has reached settlements of potential wrongful death suits with the families of at least four of the coal miners that were killed in the Upper Big Branch Mine Disaster in April.

    According to published reports, one of the deals already has received court approval and hearings on two settlements were scheduled for Aug. 24.

    The terms of the settlements have not been made public and Boone Circuit Judge William S. Thompson has sealed all records related to the deals.

    None of the families in the four settlements had actually filed wrongful death suits against Massey or its subsidiary, Performance Coal, which operated the Upper Big Branch Mine.

    Only one wrongful death suit has been filed so far, which was on behalf of the Estate of William Griffith. Several other families have retained attorneys, who have been investigating the explosion and preparing for possible litigation.

    Thompson has already approved a settlement with the Estate of Rick Lane.

    Petitions for approval of settlement with the families of Timmy Davis Sr., Rex Mullins and James Mooney were filed Aug. 11 and are pending in Boone Circuit Court, according to court records.

    Massey reportedly offered Upper Big Branch families settlements of $3 million each.

    Twenty-nine miners died in the April 5 mine explosion. Mine safety experts believe the explosion was likely caused by an ignition of methane gas and made far worse by a buildup of highly explosive coal dust.


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    MADISON — A personal injury suit has grown from a tree that fell in the path of Alvin Ball’s automobile.

    Gregory Gilliam and William Aleshire, passengers in Ball’s car on W.Va. 17 near Greenview in July 2008, join him in the complaint against Charles Combs, Virginia Drilling Co. LLC, Boone East Development Co. and John Does 1-5.

    They say Boone East, “its agents, employees, affiliates, and assigns” failed to remove trees adjacent the roadway that pose a danger of falling, divert water in such a way to undercut root support of trees, and prevent blasting operations from damaging persons and property, according to a complaint filed July 21 in Boone Circuit Court.

    The companies involved engaged in mining and timbering in the Greenview area where Ball steered his vehicle off the road to his right to avoid a fallen tree, cut back across the northbound lane and came to a stop in a ditch, where the rear of his car protruded onto the roadway. Defendant Combs was driving a truck owned by Virginia Drilling in the northbound lane opposite Ball’s original direction.

    The complaint says Combs’ excessive speed caused a collision into the rear of Ball’s stationary car, which became a total loss. The three men seek jury awards jointly and severally for compensatory damages in amounts sufficient to cover past and future medical expenses, pain and suffering, and lost wages, among other things, plus other relief the Court deems just and proper.

    Wendle Cook represents the plaintiffs in Judge William S. Thompson’s court.

    Boone Circuit Court case number: 10-C-177


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  • 08/27/10--00:10: CIVIL FILINGS: Boone County
  • July 20
    Hertz Equipment Rental Corp. vs. Western Pocahontas Properties Limited Partnership and Trinity Coal Corp.
    PA- Marsha W. Kauffman; J- William S. Thompson
    * Hertz seeks collection of $67,597 in unsatisfied indebtedness for heavy equipment provided a now bankrupt construction company contracted by Defendants for work at the Frasure (Frazier) Creek Mine. Hertz recorded a Notice of Mechanic’s Lien with the Boone County Commission last January. Complaint wants judgment, jointly and severally, for $67,597, or absent payment, and that a Court appointed Commissioner oversee sale of as much of the Pocahontas-Trinity premises necessary to satisfy the lien. Hertz asks for such other and further relief deemed appropriate, just and proper.
    Case number: 10-C-176

    July 21
    Transfer of Structural Settlement Payment Rights by Brandon McKnight to Stone Street Capital, LLC
    PA- Robert J. Bandy; J- Thompson
    * Petition reviews annuity income structured for McKnight in January 1999 made available by the death of his stepfather. The Foster resident wants to sell a portion of periodic future payments for a lump sum amounting to $50,602 to purchase a home and vehicle. Judge William S. Thompson scheduled a Sept. 15 hearing to air any contesting of the proposed transfer.
    Case number: 10-C-178

    July 22
    Victoria Slater petition to be appointed guardian of and for Summer E. Stepp and William M. Stepp, minors
    PA- Bobby R. Hale; J- Thompson
    * Summer, age 16, and William, 11, reside in Kanawha County, but own real estate and have an estate in Boone County. Virginia Slater, their natural mother, says the minors need a guardian for the purpose of selling Boone real estate interests and a suitable guardian ad litem.
    Case number: 10-C-179

    July 28
    Teresa Spinks, as Executrix of the Estate of Alfred Thurman Miller Jr., and Mary Lou Miller vs. Larry S. Ballard, Individually, and Hagers Auto Truck Center, Inc.
    PA- Jerry Cook; J- Thompson
    * Complaint says Ballard executed a promissory note date Aug. 1, 2000, payable to Mr. Miller, and in event of his death, payable to Mrs. Miller, in principal amount of $110,000 with interest only payments of $1,375 to be paid in monthly installments. Mr. Miller died in September 2006. Ballard is president of Hagers Auto Truck Center. Plaintiffs say the note is in default because Defendants refuse to pay and seek jury judgment for $110,000 and all interest accrued, plus litigation costs and any and all further relief deemed necessary.
    Case number: 10-C-181


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    MADISON — A personal injury suit has grown from a tree that fell in the path of Alvin Ball’s automobile on W.Va. 17 near Greenview in July 2008.

    Gregory Gilliam and William Aleshire, passengers in Ball’s car, join him in the complaint against Charles Combs; Virginia Drilling Co., LLC; Boone East Development Co. and John Does 1-5.

    They say Boone East, “its agents, employees, affiliates, and assigns” failed to remove trees adjacent the roadway that pose a danger of falling, divert water in such a way to undercut root support of trees, and prevent blasting operations from damaging persons and property, according to a complaint filed July 21 in Boone Circuit Court.

    The companies involved engaged in mining and timbering in the Greenview area where Ball steered his vehicle off the road to his right to avoid a fallen tree, cut back across the northbound lane and came to a stop in a ditch, where the rear of his car protruded onto the roadway. Defendant Combs was driving a truck owned by Virginia Drilling in the northbound lane opposite Ball’s original direction.

    The complaint says Combs’ excessive speed caused a collision into the rear of Ball’s stationary car, which became a total loss. The three men seek jury awards jointly and severally for compensatory damages in amounts sufficient to cover past and future medical expenses, pain and suffering, and lost wages, among other things, plus other relief the Court deems just and proper.

    Wendle Cook represents the Plaintiffs in Judge William S. Thompson’s court.

    Boone Circuit Court case number: 10-C-177


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    MADISON — More than 150 so-called “water cases” had been filed in Boone Circuit Court by mid-August against Massey Energy Co. and five subsidiaries.

    Seth-Prenter area residents complain, “As a result of the defendants’ mining operations, the plaintiffs’ well water has been contaminated and is no longer safe to drink or use for household purposes.”

    All cases name A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co., Independence Coal Co. and Omar Mining Co. with Massey Energy as defendants.

    Individuals and families generally seek judgment against the six defendants jointly and severally for damages and injuries “proximately caused by their unlawful, wrongful and negligent conduct …”

    Judge William S. Thompson’s Court tentatively expects to be ready for jury trial in October 2011.


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    MADISON — Plaintiffs are suing 26 employers, manufacturers and distributors for personal injuries they say were caused by exposure to toxic chemicals used in float-sink coal laboratories and related facilities.

    Ten men complain manufacturers and distributors did not adequately warn them “of the adverse health effects and risk of harm from exposure to the (floatsink) chemicals and/or about the need for personal protective clothing and safety equipment …” doing their jobs.

    Employers among defendants, the suit contends, “failed to provide adequate and protected work environments and ventilation … adequate personal protective clothing and equipment …” and gave no warning about adverse health effects.

    Plaintiffs’ lab jobs, according to the complaint, exposed them to a number of harmful chemicals that collectively are used in float-sink procedures. “PCE,” described as the chemical predominantly used in float-sink labs, is part of the family “generally referred to as volatile organic compounds (VOCs),” the complaint says.

    The coal industry utilizes float-sink labs to test the specific gravity of coal, which assesses quality and washability.

    Plaintiffs want a jury trial before Judge William S. Thomson to determine compensatory and punitive damages, jointly and severally; recovery of costs for medical screening and future medical monitoring, litigation costs, pre- and post-judgment interest, plus such relief determined just and proper by the court.

    Attorney Thomas F. Basile filed the suits Aug. 9 in Boone Circuit Court on behalf of John M. Bias, Joseph R. Blevins, Gene A. Bowen, John Chandler, Westley Fraley, Michael Gallaher, Rondal Gillespie Jr.; Fred V. Harless, Carlos G. Jarvis Jr. and Dennis A. Miller.

    Defendants named are Arkema, Inc.; Belmont Laboratories, Commercial Testing & Engineering Co., Diamond Shamrock Chemicals Co., Dow Chemical Co., Eastern Associated Coal, LLC; Gulf States Energy, Inc.; ICL-IP America, Inc.; INEOS CHLOR America Inc., Interstate Chemical Co., Inc.; JSC Kaustik, Magic Chemicals, Inc.; Mid-State Chemical & Supply Corp., Miljac, Inc.; Occidental Chemical Corp., Oltchim, S.A.; Peabody Holding Co., Inc.; PPG Industries, Preiser Scientific, Inc.; Primachem, Inc.; PVS Chemicals, Inc.; Solvay Chemicals International SA, Univar USA, Inc.; US Chemicals, Inc., aka US Chemicals, LLC; Legacy Vulcan Corp., and Westmoreland Coal Co.

    Boone Circuit Court case numbers: 10-C-184 through 10-C-192


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  • 09/03/10--00:05: CIVIL FILINGS: Boone County
  • Aug. 2
    Melinda S. Nelson, individually and as mother and next friend of Emma E. Nelson, a minor vs. Christopher W. Tully and AllState Insurance Co.
    PA- Matthew M. Hatfield; J- William S. Thompson
    * Complaint says Tully operated his truck in a careless, reckless and negligent manner causing a rear-end collision with the automobile driven by Melinda Nelson on four-lane US Route 119 near Danville in early August 2008 resulting in “serious and permanent injuries” to her and minor daughter Emma. The Nelsons demand jury trial for judgment in excess amount of jurisdictional limits and for compensatory, special and general damages, plus litigation costs and pre- and post-judgment interest.
    Case number: 10-C-182

    Aug. 10
    Terry Hill vs. Kathy A. Breedlove
    PA- Robert A. Goldberg; J- Thompson
    * Hill wants a jury to sort out his financial entitlements as an heir of the Estate of Nona E. Thompson, complaining Breedlove, appointed Administratrix after Thompson’s October 2009 death, unlawfully handle financial matters. Both principals reside in Lincoln County, but at issue are funds held by Boone County Bank. One example detailed by the complaint is a $66,000 Certificate of Deposit titled in the names of Thompson, Hill and Breedlove as joint tenants with right of survivorship; Hill says he has not been able to recover half the CD amount. Hill says Breedlove “exercised complete dominion, control and possession …” of other Thompson accounts “to the exclusion and detriment of plaintiff.” A safe deposit box and “Tobacco Buyout” pose other issues. Hill seeks jury judgment for his share of the Thompson Estate, plus a variety of damages, pre- and post-judgment interest and all court expenses.
    Case number: 10-C-194

    Aug. 12
    Lawrence J. Cook & Amber Cook vs. Patriot Coal Corp., Steven Lafferty & Marshall Litton
    PA- Timothy C. Bailey, J. Ryan Stewart; J- Thompson
    * Cook says he was directed to do roof bolting near the production face of Patriot’s Harris No. 1 underground mine in August 2008 where pillars and ribs “were dangerous and unstable.” He contends management employees Lafferty and Litton were fully aware of the condition. While Cook worked, his complaint says “the entire rib on his side of the roof bolting machine rolled and fell onto plaintiff.” Large amounts of coal and rock, the complaint continued, covered him and caused crushing injuries to his left side and back. Cook had surgery from what he describes as “severe, permanent and disabling” injuries. The Kopperston couple seeks jury awards, jointly and severally, for compensatory damages, all court costs, pre- and post-judgment interest and any other relief the Court deems they’re entitled to.
    Case number: 10-C-198

    Aug. 16
    Robert Powers vs. Appalachian Security, Inc.
    PA- Todd S. Bailess; J Thompson
    * Powers says the Kentucky company violated the West Virginia Wage Payment & Collection Act by failing to pay his employment wages owed in full within 72 hours of his discharge last July 5. He seeks jury determination of various damages, plus pre- and post-judgment interest, litigation expenses and such further relief deemed just and equitable.
    Case number: 10-C-199

    Aug. 19
    Kimberly Jarrell, formerly known as Morris vs. GE Money Bank & Allied Interstate, Inc.
    PA- Paul W. Roop II; J- Thompson
    * Jarrell claims Defendants repeatedly violated the West Virginia Consumer Credit & Protection Act attempting to collect a credit card debt after she referred them to her attorney. Among five counts brought against the firms is violation of the (Federal) Telephone Consumer Protection Act. Demanding jury trial, the suit stipulates “The Plaintiff shall neither seek nor accept an amount greater than $74,999 …”
    Case number: 10-C-200


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    MADISON — Joseph D. Lacy charges his coal company employers took “discriminatory and/or retaliatory actions” in terminating him after some four months employment as an underground miner.

    The complaint reviews Lacy’s three-year contract with Support Mining Co., d/b/a Inman Coal; Massey Energy Co., and Massey Coal Services, Inc., as well as his relationship with Anthony Stollings individually, a supervisor where he worked from May 2008.

    At the end of his night shift in August, Lacy says he saw that a bearing roller on the tailpiece of the belt line for a continuous miner machine was not turning, which caused sparking. He says he told the incoming day shift supervisor about what he saw and was assured it would be addressed.

    Returning to work the next night, Lacy says he learned fire in the same mine section where he discussed the belt line sparking situation had shut down operations. He noted being questioned by Stollings, the third shift supervisor, about the source of the fire.

    “Defendant Stollings instructed the plaintiff to be quiet,” Lacy contends, “and not say anything to any mine inspectors …”

    Lacy says he was given “an illegal directive” to go into the mine alone to retrieve a section of cable and advised, as a “red hat,” or trainee miner, he was not permitted to enter the mine alone.

    Complaining he was “willfully, maliciously and unlawfully terminated” in early September 2008, Lacy maintains that a Massey letter dated September 24 falsely accused him of quitting his job and called attention to employment contract provisions relative to taking “legal action against the plaintiff should he re-enter the coal industry following his termination from employment with the defendants.”

    Lacy seeks jury relief for lost wages and benefits in an amount to be proven at trial; damages for indignity, embarrassment and humiliation; punitive damages, pre-judgment interest, litigation costs, and such further relief deemed just and equitable.

    Attorney Michael A. Olivio is representing Lacy, and the case is before Judge William S. Thompson.

    Boone Circuit Court case number 10-C-207


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  • 09/17/10--00:20: CIVIL FILINGS: Boone County
  • Aug. 27
    Green Tree Servicing, LLC, Successor in interest to Greenpoint Credit, LLC vs.
    Cathern Rice
    PA- Jason S. Long, Jennifer S. Caradine; J- William S. Thompson
    * Finance company wants possession of a 2000 Fleetwood manufactured home because Rice defaulted her retail installment contract totaling $144,434.
    Case number: 10-C-202

    21st Mortgage vs. Joshua & Lacy Shadd
    PA- Timothy J. Amos; J- Thompson
    * 21st complains the Turtle Creek couple unlawfully possesses a Clayton mobile home because they are delinquent on a promissory note of $61,153. The finance company wants to repossess the unit and be awarded its costs involved in storage and transportation of the mobile home, as well as the litigation.
    Case number: 10-C-203

    Aug. 30
    William D. Reid vs. Elk Run Coal Co., Inc., and Massey Coal Services, Inc.
    PA- David L. White; J- Thompson
    * Complaint says Defendants breached Reid’s contract and violated State and Federal laws by terminating his employment while he was hospitalized four days with serious illness in February 2009. Reid is contesting notification by letter dated Feb. 25, 2009, noting elimination of his position because “Elk Run Coal Co. is experiencing operational difficulties.” Reid wants a jury to reinstate his coal mining position, award compensatory and punitive damages, plus his court costs and a reasonable attorney’s fee.
    Case number: 10-C-204

    Sept. 1
    Jasen Edwards vs. Patriot Coal Corp. & David Ashby
    PA- Frank Venezia; J- Thompson
    * Edwards complains he was wrongfully discharged in December 2009 from his foreman position at Patriot’s Big Mountain No. 16 Mine. During some three years employment, Edwards had a disability of an amputated leg, but he says,”… was able at all times to perform the essential elements of his job.” He claims he was fired “based upon the pretext that he did not call his immediate supervisor (Ashby) when missing work.” Edwards cites violations of State law and public policy because his discharge “was due to his disability and his general health.” He seeks jury awards for compensatory and punitive damages, pre- and post-judgment interest, and litigation costs.
    Case number: 10-C-205


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  • 10/08/10--00:05: CIVIL FILINGS: Boone County
  • Sept. 7
    Barbara Carr vs. City National Bank of West Virginia
    PA- Bren J. Pomponio; J- William S. Thompson
    * Whitesville woman seeks jury awards for damages because City National engaged in illegal debt collection and breach of contract for her home equity credit line. Carr says the bank wanted a foreclosure sale last month over a $699 arrearage and $2,157 of attorney’s fees. Early this year, her complaint says, she struggled with payments because she had been wrongfully terminated by Verizon after 10 years employment. Carr says the bank’s demand for attorney’s fees “wrongfully inflated the amount needed to reinstate the loan by over three times.” Among her requests for jury relief are civil penalties of $4,400 for each violation relative to illegal debt collection, enjoinment from foreclosing on her property, an actual damages and litigation expenses.
    Case number: 10-C-209

    Sept. 9
    Amber Gibson vs. Advance Stores Co., Inc., dba Advance Auto Parts
    PA- Thomas H. Peyton; J- Thompson
    * Gibson contends her gender motivated discharge from employment last January in violation of the State Human Rights Act, and during almost four years with the Defendant she was paid a lower hourly rate than less experienced and qualified male employees. The Danville woman demands jury judgment for compensatory, punitive and liquidated damages, and her court costs.
    Case number: 10-C-210

    Bryan Abernathy vs. Massey Energy Co., Massey Coal Services, Inc.; Logan County Mine Services, Inc., & Highland Mining Co.
    PA- Harry M. Hatfield; J- Thompson
    * Abernathy’s personal injury suit says he was employed as a Preventive Maintenance Technician in November 2005, suffered a compensate injury in September 2008, and was temporarily disabled within the meaning of the West Virginia Human Rights Act. After being released to return to work by his treating physician in March 2009, Abernathy complains, Defendants did not reinstate him. That constituted “an unlawful retaliatory discharge motivated, in whole or in part, by the plaintiffs attempt” to receive Workers’ Compensation benefits, according to the complaint. Abernathy seeks jury awards for damages that include lost wages and benefits, back and front pay; indignity, embarrassment, humiliation and emotional distress; punitive damages to be determined by jury, plus pre-judgment interest, litigation costs, and such further relief deemed just and equitable.
    Case number: 10-C-211

    Sept. 16
    West Virginia National Auto Insurance Co. vs. Mary A. McKinney, Roger D. McKinney, Nancy K. Stone, Rebecca Stone, Amanda Stone, Patty Adkins & Libby Adkins
    PA- R. Ford Francis; J- Thompson
    * Case stems from April 2009 vehicle accident on US Route 119 near Julian. Nancy K. Stone of Danville was owner and driver of a station wagon with liability coverage for personal injuries up to $40,000 per accident through the Plaintiff. Roger McKinney owned the vehicle driven by Mary McKinney in the accident. Rebecca and Amanda Stone, and Patty and Libby Adkins were passengers in Stone’s vehicle. Patty Adkins and Mary McKinney, says the insurance company, suffered the worst injuries. West Virginia National Auto Insurance asks that $40,000 go into an interest bearing account, the company be dismissed from the case, and the Court determine fair and equitable distribution of bodily injury payments.
    Case number: 10-C-217


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