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West Virginia's Legal Journal

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    MADISON — A professional medical malpractice suit against Charleston Area Medical Center and two Madison defendants is in Boone Circuit Court concerning a 2011 death.

    Victoria Stone, individually and as Administratrix of the estate of Ricci A. Stone, brings the action through attorneys Paul T. Farrell Jr. of Huntington and J. Robert Rogers of Charleston. The case was filed April 26.

    Complaint says R.A. Stone had no significant medical history when he went to CAMC complaining of flu-like symptoms March 13, 2009.

    “He also reported recent onset of intermittent episodes of tarry, black stools,” according to complaint. Diagnosed with “anemia secondary to gastrointestinal hemorrhage,” Stone was admitted in the early morning of March 14.

    Tests included an abdominal ultrasound due to diagnosed abnormal liver function. That ultrasound procedure and lack of follow-up is mentioned frequently in the suit, which says “No mention of the abnormal ultrasound report was recorded in the discharge summary nor discharge instructions.” Stone was discharged March 16 and established primary care with Dr. Robert B. Atkins at Madison Medical, PLLC both named defendants with CAMC in his litigation.

    Several office visits led to comprehensive lab work for “pernicious anemia,” which revealed elevated liver enzymes. Atkins is accused in complaint of failing to follow-up on an abnormal test result and Stone went to Boone Memorial’s emergency room in December 2010, where he was diagnosed with “early liver failure,” then transferred by ambulance to CAMC and diagnosed with end stage liver disease, according to complaint, and a recommended candidate for liver transplant.

    Suit contends “Timely diagnosis of liver disease following the 03.16.2009 abnormal ultrasound and/or the 05.21.2009 abnormal liver enzyme test would have prevented the death of Mr. Stone …”

    Concluding wrongful death, complaint wants jury awards jointly and/or severally of general and special damages, medical expenses, reasonable funeral expenses, as well as any other remedy permitted by state law.

    Morgantown Attorney P. Gregory Haddad is defense counsel for Atkins and Madison Medical, with Rita Massie Biser of South Charleston serving CAMC. Trial is projected for next May in Judge William S. Thompson’s court.

    Boone Circuit Court case number: 12-C-107


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  • 05/25/12--00:00: CIVIL FILINGS: Boone County
  • April 9
    Judy Larck, Individually and on behalf of the Wrongful Death Beneficiaries of Peggy Akers vs. Advocate, Inc.
    PA- James B. McHugh, Michael J. Fuller Jr.; J- William S. Thompson
    * Advocate, Inc. is corporate operator of Boone Nursing & Rehabilitation Center, where Peggy Akers, age 73, was admitted in September 2010. Akers died last Jan. 5 following injuries, according to suit. Complaint seeks jury trial, detailing 12 counts, and wants judgment to include: Adequate damages exceeding minimum jurisdictional amount, general and special damages, litigation costs, punitive damages and other entitled relief under State law.
    Case number: 12-C-93

    April 10
    Terry L. Tallman vs. Independence Coal Co., Inc., d/b/a Progress Coal Co.
    PA- Francis M. Curnutte III; J- Thompson
    * Working at the Twilight Surface Mine, Tallman, age 52, filed a Workers Compensation claim in April 2011 for occupational pneumoconiosis. Complaint says he was terminated wrongly two days later, charging age discrimination and retaliatory discharge. He wants jury to award compensatory and punitive damages, pre- and post-judgment interest, court costs and such other relief deemed just and appropriate.
    Case number: 12-C-95

    April 11
    Averol A. & Delores Ball vs. Eastern American Energy Corp. & Energy Corp. of America
    PA- William T. Forester; J- Thompson
    * Complaint seeks jury trial for injunctive relief and property damages. (Eastern American merged into Energy Corp. December 2009) Balls say EAEC crossed over their property to access oil and gas well work in the Yawkey area, causing “severe damage” and running an unauthorized gas line. They want jury determination of damage amount, preliminary injunction prohibiting trespass on their property to be made permanent, determine such other just relief, and return litigation expenses.
    Case number: 12-C-96

    April 13
    Discover Bank vs. James E. & Sharon Drake
    PA- Edna Jenelle Coulter, Christopher A. Dawson, Steven B. Mulrooney; J- Thompson
    * Suit says Madison couple now owes $15,779 on their contracted credit agreement since missing a payment due last December. Discover demands Court judgment to collect the debt.
    Case number: 12-C-97

    April 17
    Green Tree Servicing, LLC vs. Herman D. Pickens
    PA- Jason S. Long; J- Thompson
    * Green Tree complains it has the right to correct Pickens’ defaulted contract of December 1999 by repossessing a manufactured home serving as collateral. The contracted principal amount of $45,989 has increased to $117,705, with all applicable interest.
    Case number: 12-C-98

    April 20
    Vickie & Bobby Dolin vs. Blue World Pools, Inc.
    PA- Daniel F. Hedges; J- Thompson
    * Dolins want a jury to see them as victims of predatory lending practices. Residents of Bear Wallow Road at Foster entered into a $9,971 home solicited sales agreement with Beneficial West Virginia, Inc. in May 2008. In September 2008, Dolins were solicited to refinance their home secured loan and complaint continues, “The Defendant seller suppressed from the Plaintiffs that it was taking a security interest in their home.” Citing “Unconscionable Contract,” complaint says “Defendant has engaged in a pattern of predatory lending practices to make unfair loans in order to transfer the home equity from borrowers to the Defendants,” taking advantage of unsophisticated consumers who don’t understand financial matters. Complaint asks for $4,600 in civil penalties for each violation of the West Virginia Code, litigation expenses, and such other relief deemed appropriate and just.
    Case number: 12-C-104

    April 23
    Benjamin E. Croushom vs. J Force, Inc.; Crossland Transport, Inc.; Cross Fire Incorporated; and Justin Graybeal
    PA- Matthew M. Hatfield, Joel Baker; J- Thompson
    * Croushom claims unlawful termination by his coal truck hauling employers after being off the job a month last year following injury. He describes how the hood of a coal truck he was inspecting fell and cut his left ring finger, which became infected and “rendered the plaintiff unable to operate his coal truck…” Claiming compensate injury through Workers Compensation, he sought medical treatment and was removed from work by his physician. When released to return to work, he was not reinstated. Croushom seeks jury judgment for compensatory damages to include lost wages and benefits, back and front pay, personal and punitive damages, pre-judgment interest, court costs, and any other relief considered just and equitable.
    Case number: 12-C-105


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  • 06/01/12--00:00: CIVIL FILINGS: Boone County
  • May 3
    Jack D. Holley vs. Cequel III Communications I, LLC d/b/a Suddenlink; Cequel III Communications II, LLC d/b/a Suddenlink; Duska Arbaugh; and John Cox
    PA- Debra C. Price; J- William S. Thompson
    * Holley, age 56, charges Disability and Age Discrimination, and retaliation for filing for Workers’ Compensation was responsible for losing his job. The Cabell County resident says he was employed by Cequel III Communications I and/or predecessor Cequel III Communications II, d/b/a Suddenlink from 2005 until wrongful termination last Feb. 14 by letter from Human Resources Director Arbaugh. Complaint says Holley injured his knee in May 2011 while working outside as a service and installation technician. He got emergency room treatment and applied for and received Workers’ Comp benefits. While receiving ongoing treatment that included physical therapy, he was put on light duty in the dispatcher’s office. He had knee surgery November 2011 and returned to light duty work Dec. 26. While working in the warehouse, Holley’s physician took him off light duty, but ruled out outside pole climbing. Company and Manager Cox created a delivery position, took applications and required Holley to apply, says complaint, although he had been performing that position for weeks, and awarded the job to a younger person. Suit seeks jury judgment for compensatory and punitive damages, post-judgment interest, attorney’s fees and further relief deemed appropriate.
    Case number: 12-C-111
     
    May 9
    Discover Bank vs. Alice Butcher
    PA- Edna Jenelle Coulter, Christopher A. Dawson, Steven B. Mulrooney; J- Thompson
    * Charlotte, N.C., bank complains Costa resident owes more than $11,000 on her Discover card and is attempting to collect a debt.
    Case number: 12-C-112
     
    May 10
    Sheila A. Erwin, Individually and as Executrix of Estate of James Robie Erwin vs. Spartan Mining Co.
    PA- Brian L. Ooten; J- Thompson
    * Widow seeks wrongful death judgment concerning Erwin’s on-the-job, fatal injuries May 2010 in Spartan’s Ruby Energy underground coal mine in Mingo County. Erwin was operating a continuous mining machine when struck by a loaded shuttle car and pinned against the mine rib. He died 11 days later. Spartan is accused of placing Erwin in an unlawful and dangerous life threatening position when day shift crew was directed “to build a permanent stopping in an attempt to correct ventilation problems…” That project changed the route for shuttle car operators to load and unload in the mining section which “caused the shuttle cars to enter the section where the decedent was…at a tight sharp angle with reduced visibility.” Suit prays for a dozen jury awards, including medical and funeral expenses, lost wages, loss of consortium, all damages authorized by State Wrongful Death Act for plaintiff and other members of decedent’s family, litigation expenses, and pre- and post-judgment interest.
    Case number: 12-C-114
     
    Mark Casterline, Individually and on behalf of Estate and Wrongful Death Beneficiaries of Charles Casterline vs. Advocat, Inc.; Diversicare Leasing Corp.; Diversicare Managment Services Co.; Sterling Health Care Management, Inc.; Omega Healthcare, Inc.; and Steven Gardner, Administrator; John Does 1-10; and Unidentified Entities 1-10
    PA- Michael J. Fuller Jr.; J- Thompson
    * Suit wants jury to determine sum of award exceeding minimum jurisdictional amount to adequately compensate for all injuries and damage sustained by 73- year-old decedent in Boone Nursing & Rehabilitation Center; general, special and punitive damages, litigation costs, and all other relief entitled by law. Complaint says facility at Danville accelerated deterioration of Casterline’s health beyond normal aging because of dehydration, malnutrition, falls and poor hygiene.
    Case number: 12-C-117
     
    May 15
    Eric White vs. Coal River Mining, LLC; Coal River Energy, LLC, and Regional Mine Service, LLC
    PA- Matthew M. Hatfield; J- Thompson
    * Complaint says Coal River Mining and/or Coal River Energy owned and operated the Fork Creek mining complex where White was employed in June 2010 as a general laborer. He suffered serious and permanent injuries last July 1, says complaint, while assisting with recovery of a water pipeline. Riding a scoop hooked by chain to move the pipeline, White continues, pipe got lodged on mine floor track, or rail, broke loose and hit him when “propelled toward the scoop.” White says he was medically released in February 2011 to go back to work, but Regional Mine did not reinstate him. He wants jury judgment in an amount exceeding jurisdictional limit to fully compensate him for his loss and injuries, and award court costs, pre- and post-judgment interest, punitive damages and such further just and proper relief.
    Case number: 12-C-118


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    MADISON — A Florida man claims negligence by a Madison property owner created a stairway entrance hazard that caused him to fall and be injured.

    Charles Hudson accuses Rex Mitchell of two counts of negligence and infliction of of emotional distress because “he carelessly and wrongfully permitted the stairway to the entrance of … rental property to fall into a dilapidated condition … which caused your Plaintiff to fall as he was attempting to walk down this stairway” causing injury.

    A Second negligence count says the subject stairway was without a hand railing.

    Charleston lawyer Michael D. Payne filed the case June 22 in Boone Circuit Court, claiming Hudson suffered “great pain of body and mind, loss of enjoyment of life, annoyance and inconvenience, and other impairments and disabilities” in the June 2010 incident.

    A jury trial is demanded for compensatory damages in excess of statutory minimum, pre- and post-judgment interest, litigation expenses, and such other relief deemed fit.

    The case has been assigned to Circuit Judge William S. Thompson.

    Boone Circuit Court case number 12-C-133


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    MADISON — A continuous miner operator claims he was seriously injured in Signature Mining Services’ Coalburg No. 1 underground mine when ordered to work despite adverse geological conditions.

    Brent Runyon, a Sylvester resident, complains “severe adverse rib conditions” presented high risk of serious injury in the mine’s 2 East working section Aug. 9, 2011.

    Runyon says he notified management of safety concerns for the No. 6 entry of 2 East section. Victor Dale Richmond, complaint continues, was mine superintendent at the time and instructed him to continue working in the area.

    “Shortly thereafter,” says complaint,”… loose, overhanging rib or brow that plaintiff had complained of fell out …” Runyon’s entire lower body was covered by fallen material causing 23 fractures, according to suit, that included a pelvis broken in five places, broken tailbone, right foot fractured in three places, five broken ribs, and broken right femur, hip and pubis.

    Defendants named are Signature Mining Services LLC, and Richmond. Charleston Attorneys D. Blake Carter, Jr., Timothy C. Bailey and J. Ryan Stewart filed suit May 31 seeking jury trial in Boone Circuit Court demanding judgment jointly and severally for compensatory and punitive damages, litigation costs, pre- and post-judgment interest, and any and all other relief ruled appropriate.

    The case has been assigned to Circuit Judge William S. Thompson.

    Boone Circuit Court case number 12-C-121


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  • 07/13/12--00:00: CIVIL FILINGS: Boone County
  • June 5
    Charles Fleming, Individually and on behalf of all others similarly situated vs. Alpha Natural Resources Services, LLC; Corporation Service Co.; and Highland Mining Co.
    PA- Lonnie C. Simmons, Sean P. McGinley, Katherine R. Snow; J- William S. Thompson
    * Defendant companies are accused of violating the West Virginia Wage Payment and Collection Act because all wages due more than 180 employees involved in layoffs on, or about last April 3, were not paid by next regular payday. John Doe West Virginia companies 1 through 5, or Alpha subsidiaries, are expected to be included in an amended complaint as “putative class” members. Complaint seeks jury trial for, among other things, award of damages for Fleming and each member of the class and all remedies afforded under the WPCA.
    Case number: 12-C-122

    June 15
    Green Tree Servicing LLC vs. Billy J. Nelson
    PA- Jason S. Long, Michael R. Proctor; J- William S. Thompson
    * Morgantown based liability company holds perfected security interest lien on a mobile home it wants to repossess. Green Tree says Nelson defaulted on his 1995 contract, still owing more than $40,000, and wants Court assistance in taking possession of the unit.
    Case number: 12-C-126

    State of West Virginia and Madison Police Department vs. 2005 Honda Civic and Eric Hall, interested party
    PA- Justin A. Marlowe, Asst. County Prosecutor; J- William S. Thompson
    * Madison Police Lt. John Adams charges Hall subject to the State Contraband Forfeiture Act by using his vehicle to facilitate transport, sale, receipt, possession or concealment of controlled substances. Traffic stop last April 11 in Madison disclosed Hall was illegally in possession of Oxymorephine, a schedule II narcotic, and admitted purchasing controlled prescription pills from different people throughout Boone County. Hearing on Petition for Forfeiture scheduled Aug. 8 before Circuit Judge William S. Thompson.
    Case number: 12-C-127

    June 18
    Lloyd & Brenda Alderman vs. Mine Safety Appliances Co., Persinger Supply Co., Raleigh Mine & Industrial Supply Co., and Eastern States Mine Supply Co.
    PA- G. Todd Houck; J- William S. Thompson
    * Lloyd Alderman worked as a coal miner some 23 years for various companies using respirators manufactured, distributed and sold by defendants. He claims the respirators had hidden defects, resulting in leakage of substantial amounts of harmful dust into his breathing system leading to his development of pneumoconiosis, or “black lung” disease. His product liability suit includes Brenda Alderman’s claim of loss of consortium and demands jury judgment for compensatory damages, punitive damages against MSA only, court costs, pre- and post-judgment interest, and all entitled further relief.
    Case number: 12-C-129

    James & Suzette Breeden, Woodrow Chambers, and Keith & Rhonda Maynor vs. Mine Safety Appliances Co., et al
    PA- G. Todd Houck; J- William S. Thompson
    * Three Product Liability Cases all styled similar to above 12-C-129.
    Case numbers: 12-C-130, 12-C-131, 12-C-132

    June 25
    Dorsey Green vs. Rivers Edge Mining, Inc.; Patriot Coal Corp., Eastern Associated Coal, LLC; Fred Conner and Mitchell Boland
    PA- Thomas A. Rist; J- William S. Thompson
    * Beginning in 2005, Green claims he “has had substantial, ongoing, and continuous problems with subsidence of his property” at Bim. Defendants have or still operate underground mines in and around his property, Green says, where maps on file show mining should not be done directly underneath. Also, he accuses Conner and Boland of “fraudulently withheld material information…” in reporting defendant coal companies had not mined under his property. He wants jury awards of compensatory damages for property involved, restoration costs, and diminution in property value, punitive and statutory damages, plus such other relief deemed appropriate.
    Case number: 12-C-137

    Portfolio Recovery Associates, LLC, Assignee Of GE Money Bank FSB vs. Mark Foster aka Mark A. Foster
    PA- Andrew N. Frye III, Jane A. Pancake; J- Thompson
    * Suit says Ashford man defaulted on repayment of credit card debt of $14,636, and wants Court judgment to collect that balance with interest, plus its litigation costs.
    Case number: 12-C-139

    June 26
    State of West Virginia ex rel Darrell V. McGraw Jr., Attorney General vs. Cardinal Health, Inc.
    PA- Frances A. Hughes, James A. Cagle; J- Thompson
    * Complaint says Ohio corporation has substantially contributed to and benefitted from West Virginia’s prescription drug abuse problem. Case, scheduled for trial next June, uses 22 pages to present staggering money abuses both nationally and statewide relative to violations of controlled substances laws. Quoting complaint: “The Defendant has conspired with ‘pill mill’ physicians and pharmacies who prescribe and fill these prescriptions for illegitimate medicine purposes in order to restrain and monopolize trade in West Virginia for the ‘pill mill’ market.” Suit seeks temporary and permanent injunction mandating prompt information for West Virginia Board of Pharmacy concerning any and all suspicious orders for controlled substances and enjoins Cardinal from distributing any controlled substances for any illegitimate medical purpose in State; jury determination of costs, losses and damages proved relevant to several counts of Complaint; address relief, fees and cost available under West Virginia Credit & Consumer Protection Act; reimburse all litigation costs, order medical monitoring plain, and grant such further relief deemed appropriate.
    Case number: 12-C-140

    State of West Virginia ex rel Darrell V. McGraw Jr., Attorney General vs. Amerisourcebergen Drug Corp., et al
    PA- Frances A. Hughes, Rudolph L. DiTrapano; J- Thompson
    * Case essentially styled as 140 above, with 12 defendants cited “who have substantially, illicitly and tortiously benefitted financially from the prescription drug abuse problem in West Virginia.” Also named defendants are Miami-Luken, Inc.; J.M. Smith Corp. dba Smith Drug Co., The Harvard Drug Group, LLC; Anda Inc., Associated Pharmacies, Inc.; Auburn Pharmaceutical Co., H.D. Smith Wholesale Drug Co., Keysource Medical Inc., Masters Pharmaceuticals, Inc.; Quest Pharmaceuticals, Inc.; Richie Pharmacal Co., Inc. and Top Rx, Inc. State seeks jury trial scheduled next June, taking same various positions as detailed in above case.
    Case number: 12-C-141

    June 27
    Richard Thompson vs. Alpha Appalachia Services, Inc. and Green Valley Coal Co.
    PA- David Grubb, Kristina Thomas Whiteaker; J- Thompson
    * His sexual orientation does not fit stereotypical standards of masculinity, Thompson complains, causing a hostile work environment that cost him his job as a coal truck driver. Thompson began employment with defendants December 2008 and says he was subject to severe and pervasive harassment. Several complaints to his supervisor and human resources director led to “write-ups” in late February 2011 for various issues against him. Thompson says when directed to sign disciplinary papers, he refused knowing he was going to be fired. His suit charges sex discrimination in violation of the State Human Rights Act, unlawful retaliation and reprisal. Jury trial scheduled next June is expected to hear request for a permanent injunction ordering Appalachia Services and Green Valley to establish on-going sexual harassment and workplace discrimination training for employees. Thompson seeks back and front pay, compensatory and punitive damages, court expenses, pre- and post-judgment interest, plus such further relief deemed appropriate.
    Case number: 12-C-142


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  • 08/31/12--00:05: CIVIL FILINGS: Boone County
  • July 3
    Jason S. Gillespie vs. Marvin C. Plumley, Warden Huttonsville Correctional Center
    * Gillespie petitioned for Writ of Habeas Corpus seeking new trial concerning conviction of Second Degree Murder and sentence of 25 years. He contended juror misconduct was discovered and there was “Ineffective Assistance of Counsel” with regard to his Feb. 22, 2008, conviction in Boone Circuit Court. State Supreme Court affirmed Boone decision last July 16.
    Case number: 12-C-143

    July 9
    Paul Casket Co., Inc. vs. Tom Stevens d/b/a Stevens Funeral Home
    PA- Clinton W. Smith; J- William S. Thompson
    * Cambridge City, Ind., company complains Stevens owes more than $12,700 and seeks jury judgment for payment for good and/or services, pre- and post-judgment interest, late charges, collection fees and litigation costs.
    Case number: 12-C-144

    July 11
    Jason Blankenship, Individually and on behalf of those similarly situated vs. Brody Mining, LLC
    PA- Todd S. Bailess, Joy B. Mega; J- Thompson
    * Blankenship worked as a belt examiner and fire boss for about a month last year before being discharged. He says Brody Mining violated the West Virginia Wage Payment and Collection Act by failing to pay former employees within 72 hours of discharge. Class action suit seeks jury awards for Blankenship and each member of the Class to include compensatory damages, pre- and post-judgment interest, litigation costs, injunctive relief and such further relief deemed just and equitable.
    Case number: 12-C-146

    July 12
    Jerry E. & Karen Y. Lilly vs. Performance Coal Co.; Elk Run Coal Co., Inc.; Alpha Natural Resources, Inc.; Alpha Natural Resources LLC; Alpha Appalachia Services, Inc.; Don Blankenship; Ranger Fuel Corp.; and Westmoreland Coal Co.
    PA- Allan N. Kartin; J- Thompson
    * Personal injury suit cites defendants exposed the 53-year-old underground miner to excessive dust in violation of lawful limits. The disabled Lilly worked in Southern West Virginia underground mines from about 1976 through 2006 operating a continuous mining machine and doing roof bolting. He was regularly exposed to respiratory diseases, says complaint, “and repeatedly exposed to dangerous levels of respirable dust…in excess of those levels permitted under applicable law and industry standards.” Lilly contracted pneumoconiosis, silicosis and other respirable diseases he continues to suffer from and says he is entitled to recover damages in an amount determined by a jury. Couple seeks compensatory and punitive damages for negligence and loss of consortium and services, pre- and post-judgment interest and court costs.
    Case number: 12-C-148


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  • 09/14/12--00:00: CIVIL FILINGS: Boone County
  • July 16
    John Kersey vs. CSX Transportation, Inc.
    PA- Harry G. Shaffer, III, K. Brian Adkins; J- William S. Thompson
    * Personal injury suit claims CSX locomotive with Kersey as conductor had faulty braking that caused it to crash into a truck attempting to cross tracks near the Cow Creek Mines area in November 2008. Complaint seeks jury trial, citing violations of Locomotive Inspection Act and Federal Employer’s Liability Act. Kersey says he’s entitled to awards of special damages for past and future medical expenses, past and future lost wages, and general damages, all in excess of jurisdictional limits.
    Case number: 12-C-150

    Tammy Charcandy vs. Washington National Insurance Co.
    PA- John J. Polak; J- Thompson
    * Woman argues Washington National failed to provide all benefits to which she was entitled under her sickness/accident policy. Charcandy says she “was rendered temporarily totally disabled” by a treating physician after suffering injury in a work related accident in March 2011. She also says Workers Compensation determined she was temporarily and totally disabled from March 7 to August 2011. Insurance company initially paid a benefit, but refused to pay beyond May 2011. Charcandy charges breach of contract among four counts she wants a jury to consider in determining awards. Notice of Removal to Federal Court was filed Aug. 17 by Charleston law firm Lewis Glasser Casey & Rollins because “amount in controversy in this case exceeds $75,000, exclusive of interest and costs…”
    Case number: 12-C-151

    July 23
    Joshua M. Beane vs. Polaris Sales, Inc.
    PA- Scott H. Kaminski; J- Thompson
    * Beane says he purchased a new Polaris vehicle with a written warranty last May, then returned vehicle May 16 to Route 19 Powersports in Danville, complaining the engine was smoking. Company responded that vehicle “had been modified with a non-stock air filter” and refused to honor warranty. Beane demands jury trial for awards sufficient to compensate for damages, pre- and post-judgment interest, his court costs, and all other relief deemed just and proper.
    Case number: 12-C-157

    July 24
    Steven and Kimberly White vs. Newtown Energy, Inc.; Coventry Mining Services, LLC; and Kanawha Eagle Coal, LLC
    PA- Matthew M. Hatfield, John J. Polak; J- Thompson
    * Complaint reviews an August 2010 development in the Eagle underground mine near Comfort when the mantrip White was riding to his work area went off track. A chain ratchet, White says, anchored to a mine roof support was hooked to the mantrip and an effort to hoist it back on track. He says he was struck “with great force and violence and causing serious and permanent injury” when the roof support and/or ratchet broke. White complains such procedure is “dangerous, defective and contrary to safety standards and regulations…” Wife Kimberly, as co-plaintiff, says her husband’s severe injuries deprive her of “society, companionship, consortium and service…” Couple’s personal injury suit seeks jury judgment, jointly and severally, in an amount in excess of jurisdictional limits to “fully compensate them for their losses and injuries” and pre- and post-judgment interest, litigation expenses and such other relief deemed just and proper.
    Case number: 12-C-158

    July 30
    Adam Huffman vs. Coal River Energy, LLC; Regional Mine Service, LLC; and David Cobb
    PA- Michael A. Olivio; J- Thompson
    * Wrongful termination suit claims Huffman was let go because he was receiving workers compensation benefits following two incidents of injury while employed some 11 months at Fork Creek Mine. First he received an electrical shock, complaint mentions, and defendants denied his workers compensation claim; but related medical bills and lost wages were paid by his employer. Huffman was hurt again in August 2011 by a large section of roof fall, he states, and applied for and received workers comp benefits. He was terminated Aug. 25, 2011. Huffman named Superintendent Cobb in his action seeking jury awards of personal and punitive damages, lost wages and benefits, pre-judgment interest, court costs, and additional relief considered euitable.
    Case number: 12-C-163


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    MADISON — Authorities failed to understand a “specific neurological” injury suffered by inmate Kedron Eugene Setser that allegedly led to his suicide.

    Malcolm D. Setser, father and personal representative of the estate of K.E. Setser, filed a personal injury suit through Charleston attorney Lonnie C. Simmons on Aug. 1 in Boone Circuit Court.

    Suit states Setser “suffered a number of permanent physical and neurological injuries” caused by a June 12, 1999, automobile accident requiring ongoing medical care; and also declared, “As a result of the injuries he suffered from this accident and his depressive disorder, Decedent Kedron Setser was found to be disabled and was awarded Social Security disability and childhood disability benefits.”

    He killed himself Sept. 20, 2011, while being held at Southwestern Regional Jail.

    The case lists following defendants: Alaina Harvey, a probation officer; Boone County Probation Services; John Workman, Home Incarceration Officer and Deputy Sheriff; Boone County Sheriff’s Office; and Boone County Commission.

    Setser suffered from Cauda Equina Syndrome, known as CES, which makes it difficult to urinate on demand. Complaint details several incidents requiring him to undergo drug/alcohol testing through urine sampling. Two felony convictions had led to court ordered supervision of Setser and situations where urine screening tests were the norm.

    Complaint relates September 2011 request by defendants Harvey and Workman for a urine sample. “Although Decedent Kedron Setser made every attempt to comply … and drank lots of water,” says complaint, “he was unable to provide a urine sample after five hours.”

    Morgantown attorneys John M. Hedges and Stephanie J. Shepherd signed off Sept. 7 on a Motion To Dismiss the wrongful death claim against Harvey, saying “Plaintiff Fails to Allege Facts Sufficient to Establish that Defendant Harvey Was Liable in the Suicide Death of Kedron Setser.”

    Trial, with Judge William S. Thompson presiding, is scheduled for next August. Complaint will argue among other things, Decedent’s constitutional rights were violated and there was disability discrimination relative to the West Virginia Human Rights Act.

    The Court will be asked to include awards for compensatory and punitive damages when considering “all damages permitted by law,” and specifically cover funeral and litigation expenses, as well as loss of income and medical expenses.

    Boone Circuit Court case number: 12-C-174


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  • 09/28/12--00:05: CIVIL FILINGS: Boone County
  • Aug. 6
    FIA Card Services, N.A. vs. James E. Drake
    PA- Edna Jenelle Coulter, Christopher A. Dawson, Steven B. Mulrooney; J- William S. Thompson
    * FIA sued Madison man for $33,349 on defaulted contract loan balance. Judge William S. Thompson entered an Agreed Judgment that Drake makes payments of $400 per month, beginning by Sept. 28, with subsequent payments due the 28th of each month.
    Case number: 12-C-180

    Aug. 8
    Lora A. Ball and Michael A. Ball vs. Robert W. Conner and Westfield Insurance Co.
    PA- R. Edison Hill; J- William S. Thompson
    * Complaint says Lora Ball was driving on Route 17 near Ramage on Aug. 9, 2010, when Conner caused a head-on collision with his pickup truck resulting in severe and permanent injuries to the Madison woman. She seeks jury awards of compensatory damages in excess of jurisdictional limit and charges her husband has been deprived of consortium. She also demands further judgment against Westfield Insurance based on first party underinsurance coverage.
    Case number: 12-C-181

    Kimberly A. Smell vs. West Virginia Division of Motor Vehicles and Joe E. Miller, Commissioner
    PA- Matthew M. Hatfield; J- William S. Thompson
    * Judge Thompson ordered a temporary stay of driving privileges for Smell after hearing her motion contesting DMV’s six-month revocation of her driver’s license. State agency supported arrest documentation alleging Smell drove a motor vehicle while under influence of alcohol. Temporary stay ordered Aug. 16 concluded “a substantial probability the appellant will prevail upon the merits” of her appeal.
    Case number: 12-C-182

    State of West Virginia and WV State Police and Madison Police Dept. vs. Six Thousand Seven Hundred Seventy-Five Dollars, and Shelly Vankirk (interested party)
    PA- Justin A. Marlowe, Asst. Prosecuting Attorney; J- William S. Thompson
    * Judge Thompson approved Agreed Order on Forfeiture of $6,775 to State under West Virginia Contraband Forfeiture Act. Authorities found several grams of marijuana and $6,775 in Vankirk’s vehicle at a June 2012 traffic stop on US 119 in Boone County. She approved the forfeiture agreement.
    Case number: 12-C-184

    Aug. 10
    Jerry Wiseman vs. Rick Simpkins, individually, and Frasure Creek Mining, LLC d/b/a Trinity Coal Corp.
    PA- Lia DiTrapano Fairless; J- William S. Thompson
    * Employed some three years by Trinity as equipment operator under supervision of Simpkins, Wiseman complains he is entitled to wages for his lunch period and when separated from employment all wages and benefits owed him were not paid in violation of the West Virginia Wage Payment and Collection Act. He wants jury to award wages due and liquidated, with pre- and post-judgment interest, litigation expenses and any further relief deemed appropriate.
    Case number: 12-C-185

    William Hill vs. Rick Simpkins, et al
    PA- DiTrapano Fairless; J- William S. Thompson
    * Essentially same complaint language as 12-C-185 above.
    Case number: 12-C-186

    Jason Lloyd vs. Rick Simpkins, et al
    PA; DiTrapano Fairless; J- William S. Thompson
    * Styled same as above two cases.
    Case number: 12-C-187

    Sept. 12
    Elaine Cales vs. Michael & Jennifer Jarrell
    PA- pro se; J- William S. Thompson
    * Judge Thompson dismissed appeal and upheld Magistrate Court ruling finding Daville couple failed to pay rent of residential property and ordered their removal for wrongful occupation, as charged by Cales.
    Case number: 12-C-179


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    MADISON – Norma Sue Ferrell claims gender and age factored into losing her job that included running parks and truck driving for coal companies.

    She was employed from August 2007 until the end of last year by defendants Eagle Creek Mining, LLC; JMP Coal Holdings, LLC; JMP Holdings, LLC; and Gary Ludwig, her supervisor.

    Madison Attorney Matthew M. Hatfield filed the woman’s case Aug. 21 in Boone Circuit Court, with jury trial expected next August before Circuit Judge William S. Thompson.

    Ferrell says she was injured in March 2011 “attempting to move and/or load heavy parts into a truck…”

    She notes the work-related injury qualified her for Workers’ Compensatory temporary total disability benefits from March through August 2011.

    Complaint says “defendants willfully, maliciously and unlawfully” failed to reinstate her, violating the West Virginia Human Rights Act.

    She claims defendants paid her less per hour “than her younger male co-workers…in the same, or similar, position(s);” that when she applied for jobs for which she was qualified, those positions went to younger male workers with less experience.

    Detailing five causes of action, suit wants jury awards to include lost wages and benefits; back and front pay; damages for indignity, embarrassment, humiliation and emotional distress; punitive damages to be determined; pre- and post-judgment interest; litigation costs; and such further relief deemed just and equitable.

    Boone Circuit Court case number: 12-C-193


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  • 10/26/12--05:05: CIVIL FILINGS: Boone County
  • Aug. 13
    Barton Meadows vs. JMP Coal Holdings, LLC; Raven Crest Mining, LLC; Raven Crest Contracting, LLC; Virginia Explosives & Drilling Co., Inc.; Virginia Drilling Co., LLC; Xinergy Corp.; and Xinergy of West Virginia, Inc.
    PA- Marvin W. Masters, Christopher L. Brinkley; J- William S. Thompson
    * Meadows contends blasting and coal mining activities by defendants has damaged his home and property at Peytona and, among other things, constitutes trespassing and nuisance and annoyance. Complaint says “Defendants are agents, servants and employees of each other; and although the company defendants purport to be separate companies, they are in fact one company and one legal entity for purposes of this civil action.” Meadows seeks jury judgment, jointly and severally, to determine amount of an award, plus pre- and post-judgment interest, litigation costs and such other relief deemed proper.
    Case number: 12-C-188

    Aug. 16
    Patrick I. White vs. West Virginia Division of Motor Vehicles and Joe E. Miller, commissioner
    PA- Matthew M. Hatfield; J- William S. Thompson
    * White asks court review of revocation of his driver’s license. He was arrested by Madison police and charged with driving under the influence of alcohol, resulting in DMV issuing a final revocation last Aug. 10. Judge William S. Thompson granted a temporary stay last Sept. 10 pending further disposition.
    Case number: 12-C-190

    Aug. 21
    Charles Bias vs. Mountain Edge Mining, Inc.
    PA- Brian L. Ooten; J- William S. Thompson
    * Danville man wants jury verdict for various awards relative to injuries he suffered in September 2010 working at Mountain Edge’s Coalburg No. 1 underground mine. Bias says he was asked to operate a remote controlled continuous mining machine which he was never trained to operate while its regular operator was off work ill. During operation, the machine’s umbilical cord connected to the remote control and became tangled. In attempting to untangle the cord, Bias claims, a lever on the remote was triggered “causing the boom of the mining machine to strike the plaintiff and pin him against the rib of the mine, thereby causing severe and permanent personal injuries.” Suit says safety regulations, laws and industry standards were violated. Bias seeks payments for, among other things, past and future medical expenses; economic losses; ability to enjoy life; scarring and disfigurement; court costs; pre- and post-judgment interest; and any other relief to which he is entitled.
    Case number: 12-C-192

    Aug. 24
    Ellis Supple Co., Inc. vs. James M. and Rhonda Hill
    PA- Bobby R. Hale; J- William S. Thompson
    * Logan County firm claims Madison couple owes $50,678 for materials purchased on account used to make improvements to real estate they own. Ellis asks Court to find the Hills indebted in an amount of $50,678, plus award of pre- and post-judgment interest, litigation costs, determine that plaintiff has a valid first lien on defendants’ subject real estate and order such real estate be sold by judicial sale to satisfy the lien.
    Case number: 12-C-194

    Melissa and Jerry Goins vs. Jamie Lester, State Farm Mutual Automobile Insurance Co. and Lindsay Fitzsimmons
    PA- Matthew M. Hatfield; J- William S. Thompson
    * Wyoming County residents, Goins couple seeks jury determination of rightful insurance benefits stemming from September 2010 rear-end collision with vehicle operated by Melissa Goins on U.S. 52 near Sprateville in Mingo County. Lester drove the vehicle striking Melissa Goins, says complaint, thereafter fled the accident scene and was later arrested. Melissa Goins contends she suffered “serious and permanent bodily injury…” State Farm is authorized to do business in Boone County, with Fitzsimmons described as a claim representative located in Charleston. Breach of contract and unfair claims settlement practices are charged by the Goinses, saying they were denied specified coverages. They demand jury judgment against State Farm and Fitzsimmons for compensatory and punitive damages, court costs and such other just and proper relief.
    Case number: 12-C-195

    Aug. 30
    Ernie Burns vs. Patriot Coal Corp.; Pine Ridge Coal Co., LLC; and Mark Neal, individually
    PA- Harry M. Hatfield; J- William S. Thompson
    * Burns claims he was unlawfully discharged after 36 years of employment by the defendants or their predecessor companies. Listing six causes for legal action, complaint wants jury awards to include damages for lost wages and benefits; back and front pay; punitive damages; pre-judgment interest; litigation costs; and further just and equitable relief. Burns says he was not paid wages in full within 72 hours of discharge and was a victim of retaliation for his attempt to obtain Workers’ Compensation benefits.
    Case number: 12-C-197

    Sept. 6
    Crystal D. Halstead vs. Speedway, LLC; Sherry Fitch, Tom Edwards, Vickie Bayes and John Doe
    PA- Matthew M. Hatfield; J- William S. Thompson
    * Julian resident brings personal injury suit against Speedway Store No. 9351 in South Charleston and persons said to be managers there. Halstead complains a wet floor near a leaking slushy/soda machine inside the convenience store caused her to slip and fall, thereby suffering “serious and permanent bodily injuries.” She wants jury verdicts, jointly and severally, for an amount in excess of jurisdictional limits, plus special and general damages, her court expenses, pre- and post-judgment interest and further just and proper relief.
    Case number: 12-C-198


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    Goodwin

    CHARLESTON – The United States District Court for the Southern District of West Virginia on Nov. 5 remanded a securities class action case, Olivia Niitsoo v. Alpha Natural Resources, Inc. et al., back to the Circuit Court of Boone County.

    This case arises out of the June 1, 2011, merger of Massey Energy Co. into Alpha Natural Resources, Incorporated. Both companies are major producers and sellers of coal.

    The merger agreement gave Massey shareholders $10 and 1.025 shares of Alpha common stock for each share of Massey common stock they owned. Niitsoo contends that Alpha shares were overvalued due to Alpha’s hiding of production issues until after the merger was completed.

    The suit, originally filed July 13, alleges violations of the Securities Act of 1933, as amended by the Securities Litigation Uniform Standards Act of 1998. The defendants removed the case to the district court on Aug. 16, and Niitsoo moved to remand back to the circuit court on Aug. 30.

    Representing the plaintiff from the New York office of Scott and Scott are Donald A. Broggi, Gary Dustin Foster, Joseph P. Guglielmo, Geoffrey M. Johnson, and Stephen J. Teti. West Virginia attorneys Robert G. McCoid of McCamic Sacco and McCoid, and John D. Wooten, Jr. of The Wooton Law Firm represent Niitsoo as well.

    They argued that a securities class action filed in state court cannot be removed to federal court if it only alleges violations of federal law. Acknowledging that federal circuits have handled this issue differently, the attorneys argue that under recent case law, SLUSA is best interpreted in favor of their client’s motion to remove back to the state court.

    After in depth analysis of the circuit splits on the issue, Chief Judge Joseph R. Goodwin agreed with the Plaintiff Niitsoo, holding that “as counter-intuitive as it may seem, the Securities Act only permits the removal of securities class actions alleging state law fraud violations … which must be dismissed whether they are before state or federal courts. Arguments to the contrary exist, but recent Supreme Court dicta in Kircher v. Putnam Funds Trust, 547 U.S. 633 (2006), persuade me that the defendants cannot properly remove a federal securities class action originally brought in state court.”

    The case will now head back to the Circuit Court of Boone County for further proceedings.


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    MADISON — Logan County resident Thomas E. Thompson, Jr., thinks his auto insurance provider has never settled his underinsured motorist’s coverage claim relative to a vehicle collision five years ago.

    He says he was injured because driver of the other vehicle was clearly responsible for the Sept. 7, 2007, accident. That driver’s insurance carrier offered its per-person bodily injury liability limit of $20,000, which Thompson contends didn’t cover his accident-related monetary damages. He tendered a demand for underinsured motorist’s coverage from his carrier, Westfield Insurance Co.

    Attorney Joel Baker of Madison filed Thompson’s case Sept. 27 in Boone Circuit Court demanding jury trial.

    Case recalls that Thompson accepted the $20,000 liability offer, thus settling with driver responsible for accident, and “reimbursed the sum of $3,333.33 to Defendant (Westfield)…” as per conditions involving subrogation, according to complaint.

    Thompson contends Westfield “under-valuated Plaintiffs damages and offered only $10,000 out of a $100,000 available limit.” He has suffered injuries, some permanent, Thompson asserts, with medical bills of some $10,000 and use of personal leave valued at $14,000 that are likely to continue in the future.

    “Defendant’s failure to properly evaluate and adjust Plaintiffs underinsured claim,” suit says, “constitutes breach of contract.”

    Thompson says he’s “entitled to full amount of his damages, as determined by the jury, together with separate awards for aggravation and inconvenience…as well as net economic loss caused by the delay.” He seeks recovery of court expenses, plus punitive damages should “jury find actual malice.”

    Complainant signed Stipulation on Limitation of Damages to not accept an award exceeding $74,500, “inclusive of interest, costs, attorneys’ fees, punitive damages, and all relief of any nature…”

    Trial date has not been docketed for Judge William S. Thompson.

    Boone Circuit Court case number: 12-C-209


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  • 11/23/12--04:15: CIVIL FILINGS: Boone County
  • Sept. 7
    State of West Virginia and Boone County Sheriff’s Dept. vs. Nineteen Eighty Nine Chevrolet S-10, Adam Mitchell (interested party)
    PA- Justin A. Marlowe; J- William S. Thompson
    * Citing State Contraband Forfeiture Act, Petition For Forfeiture filed following traffic stop last June in Route 17 area that turned up two marijuana plants in the bed of a vehicle “used, has been used, or was intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession or concealment of controlled substances…”
    Case number: 12-C-199

    Sept. 14
    Tammy Honaker, Administratrix of Alex Honaker vs. Coder’s Bar & Grill, LLC; and Christopher
    Floria
    PA- Edward G. Atkins; J- William S. Thompson
    * Wrongful death complaint says Alex Honaker died in September 2010 when his motor vehicle left Route 3 near Stickney, then struck a rock or concrete pier. Administratrix, victim’s mother, says unlawful sale of alcohol to her underage son at Cooter’s resulted in intoxication impairing his ability to drive. Floria, described as owner and manager of subject bar, resides at Colcord, Raleigh County. Victim’s parents seek jury award in sufficient amount to compensate for their loss and costs.
    Case number: 12-C-204

    Sept. 18
    Tammy Honaker, Administratrix vs. Cooter’s Bar & Grill, LLC
    PA- Edward G. Atkins; J- William S. Thompson
    * Suit styled same as Case 12-C-204 accusing only the Boone County establishment of causing minor Alex Honaker’s death by unlawfully selling him alcoholic beverages.
    Case number: 12-C-205

    Sept. 20
    James S. Smith and Debra Smith vs. Mine Safety Appliances Co.; Persinger Supply Co.; Raleigh
    Mine & Industrial Supply, Inc.; and Eastern States Mine Supply Co.
    PA- G. Todd Houck; J- William S. Thompson
    * Smith brings product liability suit saying he developed what coal miners call “black lung” disease because he breathed substantial amounts of harmful dust through respirators having hidden defects that were manufactured and sold by MSA, and distributed, supplied and sold by the other three defendants. Smith, a coal miner some 28 years, lives at Lynco. Wife Debra claims loss of consortium because of James’ condition. Smiths want jury verdicts, jointly and severally, for compensatory and punitive damages, litigation expenses, pre- and post-judgment interest, and all further relief for which entitled.
    Case number: 12-C-206

    Sept. 24
    Harold Willmeth vs. State Farm Mutual Automobile Insurance Co., Thomas Fitzsimmons
    PA- Brian E. Biglow; J- William S. Thompson
    * Willmeth contends State Farm has not fulfilled benefits owed stemming from an October 2010 rear end collision caused by a trailing vehicle. He wants a jury to sort out his entitlements from underinsured motorists and medical expense coverages. He challenges State Farm and adjuster Fitzsimmons’ interpretation that reduces total of claims by the amount of bodily injury damage paid.
    Case number: 12-C-208

    Oct. 4
    State of West Virginia By Its Prosecuting Attorney of Boone County, for and on behalf of the US 119 Task Force vs. Christopher R. Ferrell, Jessica M. Elswick, Marshall D. Taylor & Michael M. Mitchell, United States Currency in the Sum of Two Thousand One Hundred Thirty-One Dollars ($2,131) and any Other Unknown Parties of Interest
    PA- Justin Marlow; J- William S. Thompson
    * County and State Police made a controlled purchase last July 12 of Oxymorphone pills at the Hewitt address of Ferrell and obtained a search warrant. When taking defendants into custody, officers discovered a four-month-old infant at the residence and seized additional “Opana” and a total of $2,131 under State law involving possession of controlled substance with intent to deliver.
    Case number: 12-C-212


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    MADISON – Attorney Bobby R. Hale of Madison, representing himself, filed for a writ of mandamus in Boone Circuit Court to compel the Boone County Board of Education and its superintendent to properly compensate him for services as a “Plumber II.”

    A petition filed Oct. 12 says Hale “has been previously employed by the Board of Education as a math teacher and building construction teacher, both of which are professional positions and petitioner has 11 allowable credited years of experience as a professional employee.”

    Hale asserts he has “the salary class: Doctorate Degree and highest degree: Doctorate Degree” in determining salary mandated in the State Code (§18A-4- 8a). At issue is School Board and Superintendent John G. Hudson’s refusal to pay Hale in accordance with his experience and salary classification.

    Petition seeks back pay compensation, court expenses, pre- and-post-judgment interest and such other relief Court considers necessary.

    Defendants’ response denies several of Hale’s allegations, including his Paragraph V relative to 11 “allowable credited years of experience as a professional employee…”

    A hearing on the petition was scheduled Nov. 14, but was not held by Judge William S. Thompson.

    Boone Circuit Court case number: 12-A-215


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    Fuller

    Fuller

    MADISON – A Hattiesburg, Miss., law firm details 12 counts in a wrongful death suit against Advocate, Inc., and others and is seeking jury trial in Boone Circuit Court.

    Michael J. Fuller Jr., of McHugh Fuller Law Group, PLLC, filed the complaint Oct. 22 on behalf of Earnest Johnson, individually, and on behalf of the Estate and Wrongful Death Beneficiaries of Kathryn Clay.

    Decedent, then age 73, was admitted to Boone Nursing & Rehabilitation Center in late May 2010, and she died Sept. 3, 2011.

    The complaint claims Clay suffered personal injuries and damages while residing in the Danville skilled nursing facility.

    Defendants are headed by Advocate, Inc., a Delaware corporation with principal location at Brentwood, Tenn. Others named include: Diversicare Leasing Corp.; Diversicare Management Services Co.; Sterling Health Care Management, Inc.; Omega Healthcare Investors, Inc.; Steven Gardner, administrator of accused nursing home; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Boone Nursing & Rehabilitation Center).

    The suit says, “Defendants owned, operated, managed and/or controlled Boone Nursing & Rehabilitation Center…and are therefore directly liable for all the care provided.”

    Fuller’s complaint “package,” measuring some inch-and-a-quarter thick, spells out 12 counts, mentioning accusations such as negligence for non-lethal and lethal injuries, violations of state nursing home requirements, medical malpractices, willful, wanton, or reckless disregard for Clay’s safety, fraud and breach of fiduciary duty.

    The complaint prays for a jury to determine damages exceeding the minimum jurisdictional amount and adequate to compensate for all injuries and damage sustained, litigating costs, punitive damage sufficient to punish Defendants for egregious conduct and deter repeating such atrocities, plus all other legally entitled relief.

    Counsel for Defendants, Steptoe & Johnson Attorney Michael D. Mullins of Charleston, responds by listing 13 defenses. Included is a motion to stay proceedings pending resolution of arbitration requested in U.S. District Court for Southern District of West Virginia. Mullins presents that “On May 21, 2010, Plaintiff executed and contractually agreed to arbitrate on any and all claims…on behalf of his mother, Kathryn Clay.”

    No trial date is projected for Boone Circuit Court and Judge William S. Thompson.

    Boone Circuit Court case number: 12-C-221


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    MADISON – A routine road patrol stop developed information about crack cocaine trafficking, according to court records.

    Last August, State Trooper G.S. Walter, II, observed a small pickup truck traveling north on US 119 near Low Gap Road that had no visible inspection sticker.

    Driver Monte Bowen of Mingo County, according to Walter, was “acting very nervous, sweating profusely, and unable to consistently answer or replay to requests.” There was a female passenger, Angel Ruth Bowen, seated between the driver and Sherman D. Johnson, the report noted. Monte Bowen was asked to exit vehicle, with suspicion of driving under the influence.

    The two passengers were asked to get out of the vehicle, Walter reported, and Johnson became uncooperative and Angel Bowen seemed very nervous.

    During a safety search, $1,580 was found in Johnson’s pants pocket. While interviewing Monte Bowen, Walter says he was advised Johnson was being driven to Cleveland to purchase crack. Another $2,100 in currency turned up in the woman’s purse.

    Trooper Sgt. A.S. Perdue of the US Route 119 Drug Task Force was called to assist with conducting additional drug investigation when the trio was transported to the Madison State Police Detachment.

    The police report says the Bowens gave a statement that said they had driven Johnson, also known as “Young,” to Ohio three times to obtain crack cocaine for sale.

    Assistant Boone Prosecutor Justin Marlowe filed case Number 12-C-236 Nov. 27 as a Petition For Forfeiture of the $3,680 discovered by Walter as property subject to seizure in commission of a crime.

    Boone Circuit Court Judge William S. Thompson scheduled a hearing for Jan. 9 on the petition.

    Boone Circuit Court case number: 12-C-236


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  • 12/21/12--02:56: CIVIL FILINGS: Boone County
  • Oct. 10
    Ronald D. Nelson, on behalf of Helen Dillon, an Adult, seeking approval of a certain Special Supplemental Needs Trust
    PA- Larry L. Rowe; J- William S. Thompson
    * Nelson filed petition on behalf of his sister, who sought net insurance settlement proceeds payable for injuries received in September 2010 when she says a shelf collapsed on her arm while reaching for a can of soda in the Kroger store at Danville. Helen Dillon, 58 years old when the alleged accident happened and single with no children, receives Supplemental Security Income and Medicaid benefits. Judge William S. Thompson approved Petition and Trust Nov. 5.
    Case number: 12-C-213

    Oct. 15
    Merita Selbe vs. Pamela D. Atkins, John Doe
    PA- Maureen Conley; J- William S. Thompson
    * Selbe seeks declaratory and injunctive relief to locate and regain possession of a mobile home she says she owns that was situated on land owned by Atkins. Petitioner’s daughter and respondent’s son cohabitated some 11 years in the mobile home, according to complaint, then separated last April. Atkins named Selbe’s daughter in a Wrongful Occupation Petition in Magistrate Court and an ensuing order directed the woman to remove the mobile home by July. Selbe contends she was never named as a party or served with process in that action. A phone message said the trailer was sold, but Selbe says she is the legal owner and should be awarded immediate possession and informed of the name of a “John Doe” buyer.
    Case number: 12-C-216

    Oct. 17
    Angela Searls, Personal Representative of Estate of Susie K. Thompson, deceased, Petition For Approval And Confirmation Of Settlement
    PA- Thomas G. Wilson; J- William S. Thompson
    * Susie Thompson died Nov. 9, 2010, during pendency of a products liability lawsuit that claimed hormone therapy products caused her to develop terminal breast cancer. Suit was settled in Arkansas. The 65-year-old resident of Danville was survived by a spouse, three daughters and two sisters. Searls, a daughter, determined that the daughters and widower Jerry Thompson each receive $30,000, with each sister getting $9,546 from the net settlement amount of $139,092.
    Case number: 12-C-217

    Oct. 25
    James B. Hudson, as Administrator of Estate of Pauline D. Hudson, Petitions For Approval And Confirmation Of A Confidential Settlement
    PA- J. Robert Rogers; J- William S. Thompson
    * Pauline Hudson died Nov. 26, 2010, while a patient in Boone Nursing & Rehabilitation Center. Six sons and a daughter consented to a confidential settlement agreement with the Danville facility and are entitled shares of her estate. Judge William S. Thompson entered his sealed order Nov. 7 approving confidential settlement and distribution.
    Case number: 12-C-223

    Bruce Mitchell vs. Brady Mining, LLC
    PA- J. Kristofer Cormany, Pamela A. Lambert; J- William S. Thompson
    * Mitchell accuses defendant employer of allowing underground mantrip to be operated at dangerously high speed when transporting personnel throughout its Number One Mine in Boone County. Late in October 2010, according to the complaint, Mitchell was thrown into the mantrip canopy because of a forman’s operation at high speed and he suffered severe permanent injuries to his lumbar, thoracic and cervical spine. He wants a jury to determine an amount for past, present and future economic and non-economic damages; general and compensatory damages, pre- and post-judgment interest, court costs, and other relief deemed proper and just.
    Case number: 12-C-224

    Oct. 26
    Robert M. Belcher vs. Alpha Natural Resources and Elk Run Coal Co.
    PA- Todd S. Bailess, Joy B. Mega; J- William S. Thompson
    * Belcher demands a jury trial for damages, charging coal company employers with terminating him last August because of his age. Suit says he was 36 years old when hired and 46 when terminated in violation of the West Virginia Human Rights Act. He says he was wrongly accused of violating company policy for which another employee took responsibility. He wants remedies afforded under WVHRA, with punitive damages, lost wages and benefits, back and front pay, pre- and post-judgment interest, court costs, and such other relief deemed just and equitable.
    Case number: 12-C-225

    Nov. 2
    Branch Banking & Trust Co vs. Suzanne Kessler
    PA- Norman T. Daniels; J- William S. Thompson
    * BB&T says Kessler defaulted on a contract and security agreement financing a 2007 Ford Mustang by failing to keep up monthly installment payments. Bank wants possession of the vehicle, plus “full payment of the unpaid balance of the amount originally financed…”
    Case number: 12-C-229

    Nov. 7
    Deborah and Harold Powell vs. Westfield Insurance Co., Donna Cutwright and John Doe
    PA- Matthew M. Hatfield; J- William S. Thompson
    * Complaint wants jury to affirm couple’s entitlement of $200,000 single limits uninsured motorist coverage from Westfield relative to October 2011 rear-end collision in which unknown driver of trailing vehicle, “John Doe,” fled scene near Alum Creek. Cartwright is described as “a servant, agent and employee” of Westfield. Deborah Powell was operating a 2004 model vehicle on US 119 from her Danville residence to place of employment in Charleston when the alleged accident took place. The insurer offered $12,500 to settle “uninsured motorist bodily injury claim,” the suit says. Westfield says it later offered $22,500, but Powells seek $200,000 award, plus litigation expenses, compensatory and punitive damages, pre-judgment interest, and such other just and proper relief.
    Case number: 12-C-230

    Nov. 16
    Peachtree Settlement Funding, LLC Petition for Approval of a Transfer of Structured Settlement Payment Rights by Destiny Malcolm
    PA- Jason L. Long, Michael R. Proctor; J- William S. Thompson
    * Funds involved stem from insurance settlement agreement and release of personal injury claim. Hearing on petition before Judge William S. Thompson held Dec. 12.
    Case number: 12-C-233

    Nov. 26
    Vanderbilt Mortgage & Finance, Inc. vs. Roger W. Reed
    PA- Marc B. Lazenby; J- William S. Thompson
    * Suit says Seth resident is past due from last July on payments for a $39,725 loan to purchase a mobile home. Vanderbilt seeks immediate possession of unit in curing loan default.
    Case number: 12-C-234

    Oleta Ruth and Darrell Spurlock vs. Richard Smith and Boone County Ambulance Authority
    PA- Harry M. Hatfield; J- William S. Thompson
    * Danville couple’s personal injury suit says Smith was at fault fast April when ambulance he was driving struck their van on US 119, causing guest passenger Oleta “serious and permanent bodily injuries.” Spurlocks seek jury judgment, joint and severally, for an amount in excess of jurisdictional limits, as well as general damages, their court costs, pre- and post-judgment interest, and further proper and just relief.
    Case number: 12-C-235

    Nov. 28
    Catherine A. Bail vs. Kroger Limited Partnership I
    PA- Gerald R. Lacy, Gara Hoke Lacy; J- William S. Thompson
    * Personal injury complaint says Ball fell while shopping at Danville Kroger store because “of a slippery substance in the aisle floor.” She claims store’s negligence and carelessness caused her to incur medical expenses for injuries, some permanent. Suit seeks jury judgment in an amount in excess of jurisdictional limits to include general and special damages, pre-judgment interest, litigation expenses, and such other relief deemed just and proper.
    Case number: 12-C-237


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    MADISON – A personal injury suit in Boone Circuit Court claims an unsupported roof in an Elk Run Coal Co. mine cause Clyde P. Holsten to lose his leg.

    Attorneys of Ranson Law Offices in Charleston brought Holsten’s suit Jan. 14 against Elk Run and parent company Alpha Natural Resources, Inc.

    Holsten was employed by Elk Run from Jan. 1, 2003, until Jan. 29, 2011, the complaint says, when injured by a “rib roll on an improperly supported roof.” According to Holsten, he was working in the mine’s No. 2 pillar section that day. As he and a miner helper checked a leaking boom swing hose, a rib rolled and struck his lower left leg, he says.

    The contends the coal company knew of the specific unsafe working condition, which violated state or federal safety regulations. Holsten expended large sums of money for medical and hospital treatment, the suit says, including leg amputation and he requires future care because his injuries are permanent and lasting.

    Jury trial before Judge William S. Thompson will demand compensatory, general and punitive damages, along with litigation costs and any other relief the Court finds allowable by law.

    Case number 13-C-3


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