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West Virginia's Legal Journal

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  • 09/26/08--00:10: THIS JUST IN: Boone County
  • June 12
    Michele Lynn Gillispie vs. Jamie Sue Messer, AIG Casualty Co.
    PA-Harry M. Hatfield; J-Thompson
    * Gilispie seeks damages for an automobile accident that occurred March 28 on W.Va. 85 near Danville.
    Case number: 08-C-136

    June 18
    Patrick D. Angel vs. Independence Coal Co., Massey Energy Co.
    PA-Harry M. Hatfield; J-Thompson
    * Angel, who drove a rock truck, says his discharge was a violation of the West Virginia Human Rights Act. He seeks lost wages, benefits, back pay, front pay and damages for indignity and emotional distress.
    Case number: 08-C-139

    June 19
    John M. Stafford vs. Coal River Energy
    PA-Mark Atkinson; J-Thompson
    * Stafford says he was unlawfully terminated by the coal company and seeks damages.
    Case number: 08-C-140


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  • 10/03/08--00:00: THIS JUST IN: Boone County
  • July 9
    Mandy Bishop vs. Dallas Used Auto Sales
    PA-Cameron S. McKinney and David L. Grubb; J-Thompson
    * Bishop seeks various damages and cancellation of a used car purchase contract, charging common law fraud and misrepresentation among other things. She claims the vehicle “had extensive damage, including frame damage.” The complaint cites a warranty was not honored “for repairs and adjustments, including parts and labor … to be made at no charge.”
    Case number: 08-C-148

    Green Tree Servicing vs. Brian S. Ferrell
    PA-Jason S. Long and Jennifer S. Caradine; J-Thompson
    * Green Tree says Ferrell defaulted on his mobile home contract. It seeks possession of the collateral and repossession assistance from the Boone County Sheriff.
    Case number: 08-C-149

    July 18
    Penny L. Gillespie Roberts vs. Massey Coal Services Inc and Alex Energy Inc.
    PA-Allan N. Karlin; J-Thompson
    * Plaintiff began working at Alex Energy in May 2005, and she accused her former employer of allowing sexual harassment, discrimination, retaliation and wrongful discharge in violation of the West Virginia Human Rights Act. She says she was constructively discharged from her employment in September 2006. She seeks compensatory damages for lost wages and benefits as well as punitive damages and court costs.
    Case number: 08-C-152

    July 22
    Ronald McCloud vs. Mastec Services Co. Inc and Earl Mullins
    PA-Michael J. Olivio; J-Thompson
    * McCloud says he and co-workers complained about having to operate a 1993 truck because of potentially unsafe conditions. He was involved in a single-vehicle accident on July 24, 2006 in the truck and was injured. He applied for and received workers’ compensation benefits, but the plaintiffs protested by “asserting a story directly contradicted by their two employees involved.” McCloud says he was unlawfully terminated on July 27, 2006. He seeks punitive damages, pre-judgment interest and attorney fees and costs.
    Case number: 08-C-154

    July 25
    Melissa Gay and David Gay vs. REM Community Options Inc.
    PA-Harvey D. Peyton; J-Thompson
    * Plaintiff says she suffered severe injuries because of the defendant’s discriminatory practices and “deliberate intention to injure her” while employed as an in-home caregiver. She hurt her back lifting a client in September 2006, and was released in May 2007 to “light duty work.” She was assigned office work before being told the only work available was full duties as an in-home provider. She was assigned to a home in which the man had “significant prior history of assaultive behavior.” She says REM knew of this behavior. She says the man assaulted her and caused her to miss three weeks of work and require more medical attention. She was then assigned there again and again assaulted the next month, suffering more back injuries. She seeks compensatory and punitive damages and reimbursement of costs.
    Case number: 08-C-155

    Aug. 1
    Charles R. Aliff Jr. vs. Jamie M. Rouse and General Pipeline Services and John O’Dell Pipeline Construction Inc.
    PA-Benny G. Jones; J-Thompson
    * Aliff seeks $2 million for injuries and medical expenses resulting from an August 2006 head-on collision between his automobile and a truck owned by the pipeline companies and driven by Rouse on U.S. 119 near Julian. The complaint lists $30,305 in medical expenses and $504,585 in past and future wages.
    Case number: 08-C-157

    American National Property and Casualty Insurance Co. vs. Derik Dunn, Steven Workman and Everett Belcher
    PA-LouAnn S. Cyrus and Heather B. Osborn; J-Thompson
    * American seeks to have the court determine how benefits should be divided from a $50,000 bodily injury limit included in its policy with Sherry Michael. She drove the vehicle that collided with a pickup truck owned by Workman and being driven by Dunn on U.S. 119 near Julian in November 2007. Workman and Belcher were passengers.
    Case number: 08-C-158


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    MADISON – A Roane County man was awarded nearly $200,000 after he says he was fired for trying to receive workers’ compensation benefits.

    On Oct. 9, a Boone County jury ruled that Nile R. Patton Jr. was wrongfully fired when Kentucky-based Raven Crest Contracting failed to reinstate him to his former position and terminated him while he was off work because of a job-related injury and receiving total temporary disability benefits.

    The jury awarded Patton $147,200 in back pay and $25,000 for aggravation, inconvenience, humiliation, embarrassment and loss of dignity. Pre- and post-judgment interest should push the total to about $200,000.

    In his original complaint, Patton said Raven Crest – and other defendants later removed from the case – “willfully, maliciously and unlawfully” terminated him on Nov. 6, 2006. He had been a heavy equipment operator for the company since April 2003.

    Patton was represented by Mark A. Atkinson of the Charleston law firm of Atkinson & Polak and by Matthew M. Hatfield of the Madison law firm of Hatfield & Hatfield.

    Boone Circuit Court case number: 07-C-154


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  • 10/24/08--00:05: THIS JUST IN: Boone County
  • Aug. 6
    Steven Currence vs. Hobet Mining, Bucyrus Field Services Inc, D&S Machine and Hydraulics Inc. and Fab-Tec
    PA-David H. Carriger; J-Thompson
    * Currence worked as a “shovel oiler” of a large earth mover at the Hobet 21 surface mine in August 2006. He wanted to use the hydralic lift to get to the ground, but he says it moved erratically downward, causing him to fall 15 feet to the ground. The complaint says the Mine Safety & Health Administration investigated and “cited Defendant Hobet for failing to maintain the hydraulic lift in a safe operating condition, inasmuch as a safety lock … was defective per the manufacturer’s instructions.” He says he suffered permanent serious injuries.
    Case number: 08-C-159

    Aug. 7
    Orville Wiley vs. Chesapeake Appalachia
    PA-Joel Baker; J-Thompson
    * Wiley seeks damages up to $74,500 to compensate for, among other things, trespass, breach of contract and “unlawful cutting and removal of timber, soil and other valuable plants” from his property.
    Case number: 08-C-160

    Aug. 18
    Carmen and Larry Johnson vs. DaimlerChrysler Motor Company
    PA-Chris Younger; J-Thompson
    * Plaintiffs seek a jury award for the November 2007 purchase price and related fees on a vehicle they purchases from Stephens Auto Center in Danville. The Williamson couple says the vehicle has had to have numerous repairs, and they’ve lost use of the vehicle as well as endured annoyance and inconvenience. They also seek attorney fees and costs.
    Case number: 08-C-165

    Aug. 20
    Tanner D. Hill by guardian Stephanie Hill vs. City of Madison
    PA-Peter A. Hendricks; J-Thompson
    * The case regards a proposed liability insurance settlement of $60,000 regarding a September 2006 fall on Main Street in Madison that injured Tanner D. Hill, then five months old. The Hills, from Dog Fork in Logan County, claim Maidson was negligent in its sidewalk maintenance. They claim the raised abutment caused Tanner’s grandmother to fall on the child “with great force and violence.” The baby was diagnosed initially wiht a fractured skull and displaced fracture of the left femur.
    Case number: 08-C-167


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  • 10/31/08--00:10: THIS JUST IN: Boone County
  • Aug. 25
    Independence Coal Company vs. Universal Coal Services Inc.
    PA-Phillip C. Monroe; J-Thompson
    * Plaintiff seeks to determine compensatory damages for replacement of a bulldozer it says was lost by a worker of the defendant, an independent contractor from Varney. It says the worker was driving the dozer and “got too close to the water, causing the dozer to get stuck and sink.” The dozer was unable to be recovered and was a total loss.
    Case number: 08-C-173

    Sept. 4
    Alice C. Mahone and minor son Daniel H. Mahone vs. Doris L. Norwood and U-Haul Co. of West Virginia
    PA-Stephen P. Hoyer; J-Thompson
    * The plaintiffs seek damages from a November 2007 accident near Danville. They say Norwood operated a rented box bed truck owned by U-Haul negligently and carelessly, causing the accident.
    Case number: 08-C-176

    Sept. 9
    Scott A. Lamber vs. Jim C. Hamer Co.
    PA-Stephen P. New and Kristofer Cormany; J-Thompson
    * Lambert says injuries he suffered to his genitals and thighs while working for Hamer were caused by “the planer machine … not equipped with an appropriate anti kick guard.” He says the company was in violation of federal and state safety standards. He also says when he was released medically to work in late February, the company terminated, a violation of the state Human Rights Act.
    Case number: 08-C-179


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  • 12/04/08--23:00: THIS JUST IN: Boone County
  • Sept. 11
    Ronnie Ball vs. Andrew S. Chapman and Does 1-10
    PA-Peter A. Hendricks; J-Thompson
    * Ball seeks compensation for “life-altering injuries” and other damages suffered from an April 2007 single-vehicle accident off U.S. 119 near Danville. Ball was “a guest passenger” in a vehicle driven by non-owner Chapman that went out of control and struck a pole and two gasoline pumps and then collided with the convenience store known as the Hatfield-McCoy Exxon Mart.
    Case number: 08-C-180

    Sharon Davis vs. Albert R. Cooper, State Farm Mutual Automobile Insurance Co and Cathi Thompson
    PA-Harry M. Hatfield; J-Thompson
    * Davis, from Logan County, was driving a borrowed Jeep on W.Va. 10 near King Shoals when an early-morning three-vehicle accident occurred in September 2006. Her vehicle was behind another Jeep that was hit by a pickup driven by Cooper. His truck then hit Davis’ vehicle. She was offered a $100,000 bodily injury settlement by Nationwide Mutual. The vehicle she drove was owned by Shane Wallace, who had State Farm insurance while Davis had coverage with Allstate. She accepted Nationwide’s settlement. Davis “forwarded a demand package” to State Farm, claiming State Farm and employee Thompson’s “failure to respond to the demands for settlement” violates the state Unfair Claims Settlement Practices Act.
    Case number: 08-C-181

    Sept. 16
    Shannon D. Keeran vs. Parkstone Energy, Harrington Partners, Merced Partners Limited Partnership and EBF and Associates
    PA-Mark A. Ferguson; J-Thompson
    * Keeran, of Ashland, Ky., seeks millions from the energy company and its private equity hedge funds after claiming fraud and misrepresentations deprived him of compensation for finding a coal venture opportunity in Boone County.
    Case number: 08-C-183

    Sept. 26
    Robert L. Meadows II and wife Rhonda K. Meadows vs. Massey Coal Services and Independence Coal Co.
    PA-Marvin W. Masters; J-Thompson
    * Meadows, a rock truck operator from Seth, claims Massey’s safety negligence led to his July 2007 accident at a dump site, where the roadway berm gave way, causing his truck to slide 80 feet backward down a hill “rolling twice.” They seek compensatory damages.
    Case number: 08-C-185

    Sept. 30
    Jeremy Rose, his wife and infant daughter vs. Magnum Coal Co., Magnum Coal Sales, Nelson Brothers, Catenary Coal Co. and Expla Systems Inc.
    PA-Samuel A. Hrko; J-Thompson
    * Rose, a coal sampler, seeks compensation for injuries he alleges resulted from exposure to residue from a substance known as Tetryl or 2,4, 6-trinitrophenyl-n-methylnitramine. He cites “a severe and permanent skin condition” among his injuries.
    Case number: 08-C-186

    Branch Banking and Trust co. vs. Boone Consulting and Construction Co. and Larry D. and Francis I. Kincaid
    PA-Thomas A. Zamow; J-Thompson
    * BB&T seeks $200,000 plus interest, court costs and attorney fees from defendants for defaulting on an August 2004 note.
    Case number: 08-C-187

    Timothy Williams vs. Magnum Coal Co., Magnum Coal Sales, Nelson Brothers, Catenary Coal Co. and Expla Systems Inc.
    PA-Samuel A. Hrko; J-Thompson
    * Williams, a load out technician, seeks compensation for injuries he alleges resulted from exposure to residue from a substance known as Tetryl or 2,4, 6-trinitrophenyl-n-methylnitramine. He cites “a severe and permanent skin condition” among his injuries.
    Case number: 08-C-186


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  • 12/11/08--23:05: THIS JUST IN: Boone County
  • Oct. 6
    Linda Baldwin and Paul Baldwin vs. J.P. Morgan Chase Bank, Chase Home Finance LLC, William V. DePaulo and Adelina Santiago
    PA-Cynthia A. Majestro; J-Thompson
    * Complaint charges predatory lending practice by the bank regarding the Baldwins’ desire “to consolidate some debts, including their home mortgage …” in the process. Baldwin, among other things, claims her appraised home value was inflated and accompanying paperwork for the loan was improperly prepared. Plaintiff seeks jury award of appropriate damages plus attorney fees and court costs and other relief.
    Case number: 08-C-191

    Oct. 7
    Loretta Jarrell vs. Boone-Raleigh Public School District
    PA-Michael R. Whitt; J-Thompson
    * Jarrell claims she suffered leg injuries in October 2006 at Whitesville because she “stepped on a (water) meter cover … negligently installed and/or maintained by the defendant” that resulted in her leg falling into an opening. SHe said she “called her injuries to the attention of the defendant (an employee) shortly after she fell … but defendant later ignored plaintiff’s attempt to obtain payment of her medical expenses.” She seeks a jury award for a variety of personal injury damages.
    Case number: 08-C-193

    Oct. 15
    AllMed LLC vs. Randolph Engineer Co. Inc. and Donald R. Hays
    PA-Sean P. McGinley; J-Thompson
    * The Nitro-based plaintiff claims the Scott Depot engineer firm provided a faulty survey of Boone County property purchased by AllMed. AllMed says the survey was to determine whether the property was outside the flood plain. Only after the plaintiff purchased the property, it learned it was in the flood plain. AllMed seeks damages, interest and court costs.
    Case number: 08-C-197

    Oct. 23
    George Washington vs. General Motors Corp.
    PA-Michael L. Glasser; J-Thompson
    * Washington seeks compensation of more than the $24,000 cost of a new 2007 Chevrolet Silverado truck, sales tax and state fees plus damages because of violation of the state’s “Lemon Law.”
    Case number: 08-C-200

    Oct. 27
    Adam Brown and Natalie Brown vs. Mountain Edge Mining Inc.
    PA-Guy R. Bucci, Stacy A. Jacques; J-Thompson
    * Brown, who lives in Danville, worked as a “Red Hat” miner-electrician at the Beckley company’s Red Stag No. 2 mine in Boone County. He says federal and state safety regulations were violated when he was required to work on a 3-B belt power center without proper supervision on Feb. 26, 2008. “A minimum of 7,200 volts of energy” when through Brown because the power center was turned on “while Adam was working on it,” causing severe and permanently disabling injuries.
    Case number: 08-C-202

    Terry Holstein and Tonya Holstein vs. Kia Motors America Inc.
    PA-Michael L. Glasser; J-Thompson
    * The Holsteins seek compensation of more than the $22,000 cost of a 2006 Kia Sedona van, sales tax and state fees plus other damages because of a violation of the state’s “Lemon Law.”
    Case number: 08-C-203

    Oct. 28
    Lena Kinder, guardian and next best friend, and Bethany Kinder vs. Boone County Board of Education
    PA-Michael L. Glasser; J-Thompson
    * Seven-year-old Bethany was injured Jan. 2, 2007, while attending Ramage Elementary School. While walking past a clothing rack mounted to the classroom wall, her clothing got caught on a hook and the rack was pulled off the wall and fell on Bethany. She fell and hit her head. She sustained various injuries, including a concussion and a laceration to her cheek. The plaintiffs seek compensatory damages, court costs, interest and other relief.
    Case number: 08-C-204


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  • 12/30/08--23:50: THIS JUST IN: Boone County
  • Oct. 28
    Edith Helmick, administratrix for the estate of James D. Goodrich Jr. vs. Cox Well Service and Dominion Exploration and Productions Inc.
    PA-Gerald R. Stowers; J-Thompson
    * Helmick seeks compensatory and punitive damages plus costs for the alleged wrongful death of her son in December 2007 while he was working on a gas well near Wharton. Goodrich, 19, was a swab rig helper for Cox and was undergoing on-the-job training when a drilling rig mast collapsed and instantly caused his death.
    Case number: 08-C-205

    Nov. 6
    Regina Castle vs. Dennis Tadlock, Vicki Tadlock and Justin Tadlock
    PA-Greg A. Hewitt; J-Thompson
    * Castle seeks damages for injuries she says resulted from a November 2006 collision on W.Va. 85 near Danville caused by Dennis Tadlock driving a vehicle owned by Vicki and Justin Tadlock. Damages are in excess of $18,582.
    Case number: 08-C-210

    Nov. 7
    Ray McCallister and Patricia McCallister vs. Shirley Browning
    PA-Wendle Cook; J-Thompson
    * Plaintiffs seek compensatory damages for injuries sustained in a November 2006 accident near Nellis.
    Case number: 08-C-213

    Nov. 10
    Alisha Ray-Knapp vs. Westley S. Berry and State Farm Mutual Automobile Insurance Co.
    PA-Williams M. Shrewsberry Jr.; J-Thompson
    * Ray-Knapp says Berry’s vehicle collided with her stopped vehicle as a train passed over a crossing on W.Va. 17 near Low Gap. She seeks compensatory damages.
    Case number: 08-C-215


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  • 01/08/09--23:00: THIS JUST IN: Boone County
  • Nov. 14
    Carl Lee Butcher vs. Brenda S. Lavender
    PA-Christopher S. Butch; J-Thompson
    * Butcher seeks compensatory and punitive damages for injuries and medical expenses resulting from an automobile accident on W.Va. 3 at Comfort. He says Lavender negligently and carelessly drove into his path as she left a service station. He has medical bills of more than $25,000.
    Case number: 08-C-216

    Nov. 17
    Ernest Smith vs. Boone County Magistrate Porter Snodgrass and Boone County Prosecuting Attorney’s Office
    PA-Matthew Hatfield; J-Thompson
    * Smith says the magistrate court abused its power by not dismissing a matter pursuant to the one-year statute of limitations. He filed a petition for writ of prohibition to stay further proceedings from a 2007 case on a charge of misdemeanor battery. Legal manuevering followed, resulting in Snodgrass granting the state’s motion for mistrial in October 2008.
    Case number: 08-C-217

    Nov. 20
    Anna Reynolds vs. Beverly Haynes, Brandi Haynes, Eddie Haynes, Heather Haynes, Edward Lowther and Melanie Castle
    PA-Bobby R. Hale; J-Thompson
    * Plaintiff was granted a temporary restraining order enjoining the defendant family members from being on the property willed to her in 2004 by her deceased husband. Beverly Haynes i the Reynolds’ daughter. The complaint says the defendants, among other things, tore “the electric meter and meter base off the house so as to cause the drwelling to have no power or heat.”
    Case number: 08-C-218

    Nov. 24
    Dwayne Marcum and Mary Marcum vs. Alex Energy Inc dba Edwight Mining Co. and Massey Coal Services Inc.
    PA-Guy R. Bucci; J-Thompson
    * Dwayne Marcum seeks compensatory damages for an eye injury in January 2007 while repairing a bulldozer hardbar at the Edwight surface mine in Raleigh County. Marcum contends his employer failed to provide the proper safety glasses for his task of driving the bushing into the dozer’s hardbar using a sledgehammer. Because he was given the wrong type of safety glasses, the complaint charges, a piece of metal was allowed to fly up during the pounding and lodged in his eye.
    Case number: 08-C-220

    Nov. 25
    Ronald H. Persinger Jr. vs. Brook Trout Coal LLC, Magnum Coal Co., Magnum Coal Sales, Nelson Brothers, Catenary Coal Co., Explo Systems Inc., Elite Coal Services and John Rucker
    PA-Marvin Masters, April D. Ferrebee, Richard A. Monohan; J-Thompson
    * Suit relates to on-the-job handling of hazardous material. Persinger says defendant companies, as joint venturers, “failed to provide protections, warnings and instructions,” for the use of a chemical known as type of chemical substance that “is abnormally dangerous …” when coming into contact with it, and “… persons can be severely injured through contact by skin or lungs.” Persinger is an employee of Nelson Brothers and supervised by John Rucker. He seeks compensatory and punitive damages, costs and post-judgment interest. His five-county complaint alleges negligence, deliberate intent, fraud, medical monitoring (absense of), infliction of emotional distress.
    Case number: 08-C-223


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  • 01/15/09--23:00: THIS JUST IN: Boone County
  • Nov. 25
    Barry Grass and Karen Grass vs. Bill Wiley
    PA-pro se; J-Thompson
    * The Grasses are appealing a Magistrate Court ruling from September that they owe $1,600 in back rent and court costs. They also seek compensatory and punitive damages from Wiley. The Magistrate Court ruling cited rent due for June, July and August 2008. The Grasses contend the original litigation was a “fraudulent scheme.”
    Case number: 08-C-224

    Nov. 26
    Anna Carr vs. Francis H. Leary and Norma Leary
    PA-Michael L. Glasser; J-Thompson
    * Plaintiff seeks compensatory damages from a December 2006 incident when she was sitting in her parked vehicle near the elementary school in Uneeda when it was “struck from behind by a vehicle being driven negligently by Norma Leary.”
    Case number: 08-C-225

    Dec. 1
    David Massey vs. Harry Sebok Jr.
    PA-Steven J. Conifer and Bruce Perrone; J-Thompson
    * Massey says, related to a Magistrate Court issue from September, he paid his past due payments on a mobile home purchase. But he says Sebok didn’t report a Sept. 6 payment to the judge, and a Magistrate Court order granted Sebok possession of the home effective Sept. 30. The next day, Sebok arrived at the property in Seth and ordered the Masseys “to vacate the premises at once.” After they left, they say Sebok “threw all of their furniture and personal belongings into the front yard and surrounding ditches, burned or deliberately damaged a large portion of them, and removed their pets.” Massey seeks $9,448 in damages, which includes restitution for payments on the mobile home. He also seeks compensatory damages for personal property withheld, damaged and destroyed as well as for annoyance and inconvenience. Massey also filed a motion for injunction to keep Sebok and his son Ryan “from continuing to harass, molest or annoy plaintiff and his family.” Sebok countered with his own suit, accusing Massey of stealing, selling and converting 26 items to his own use while residing in the mobile home.
    Case number: 08-C-226

    Dec. 5
    Daniel Bays and Gina Bays vs. Charles Buddy McClure, McClure Logging Inc., Wendle D. Cook and Jet Excavating LLC
    PA-Thomas H. Peyton; J-Thompson
    * The plaintiffs say the defendants “engaged in a civil conspiracy or joint venture regarding the timbering or logging” on their property “without written permission.” They seek compensatory damages, punitive damages, court costs and fees.
    Case number: 08-C-229

    Dec. 15
    Charles and Tamara Miller vs. Magnum Coal Co., Magnum Coal Sales LLC, Nelson Brothers LLC, Catenary Coal Co. LLC and Explo Systems Inc.
    PA-Samuel A. Hrko; J-Thompson
    * The plaintiffs cite 20 issues on which to base compensatory damages resulting from on-the-job exposure to a substance known as Tetryl or formally 2, 4, 6-trinitreophenyl-n-methylnitramine. Miller was a load out technician for Magnum at Catenary’s Coal Samples mine where he says he was exposed to coal and coal dust on a daily basis. He says munitions that included Tetryl explosive boosters were detonated on the surface mining property. Miller claims the defendants knew of dangers from Tetryl exposure, but he “was not informed that coal he would be required to handle could contain Tetryl residue.” He blames exposure to Tetryl for “a severe and permanent skin condition.”
    Case number: 08-C-233


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  • 02/05/09--23:00: THIS JUST IN: Boone County
  • Dec. 16
    Robert J. Ward vs. Petroleum Fueling Inc., Petroleum Transport Inc. and Elk Run Coal Co. Inc.
    PA-E. William Harvit, Bradley Oldaker; J-Thompson
    * Ward seeks compensatory damages for injuries resulting from a tank truck accient at the Black Castle Surfice Mine near Uneeda. Petroleum Fueling owned a 1986 tank truck used to haul diesel fuel. In February 2008, George Ballard was driving and Ward was a passenger trainee-helper while descending a steep grade on Omar Haul Road with about 3,700 gallons of fuel weighing about 27,000 pounds. The transmission jumped out of gear, and the truck overturned on a curve at a high rate of speed, slide on its right side, struck two large boulders, hit a safety berm and launched over it, coming to rest on its left side in Little Laurel Creek about 20 feet below the road. The occupants were trapped for more than 14 hours. Three government agencies investigated and found numerous safety deficiencies with the wrecked truck.
    Case number: 08-C-234

    George T. Ballard vs. Petroleum Fueling Inc., Petroleum Transport Inc. and Elk Run Coal Co. Inc.
    PA-Timothy C. Bailey; J-Thompson
    * Ballard seeks compensatory damages for injuries resulting from a tank truck accient at the Black Castle Surfice Mine near Uneeda. Petroleum Fueling owned a 1986 tank truck used to haul diesel fuel. In February 2008, Ballard was driving and Robert J. Ward was a passenger trainee-helper while descending a steep grade on Omar Haul Road with about 3,700 gallons of fuel weighing about 27,000 pounds. The transmission jumped out of gear, and the truck overturned on a curve at a high rate of speed, slide on its right side, struck two large boulders, hit a safety berm and launched over it, coming to rest on its left side in Little Laurel Creek about 20 feet below the road. The occupants were trapped for more than 14 hours. Three government agencies investigated and found numerous safety deficiencies with the wrecked truck.
    Case number: 08-C-235

    Dec. 19
    Alex Hensley and Carri Hensley vs. Brody Mining LLC
    PA-Kristofer Cormany; J-Thompson
    * Alex Hensley was injured in a roof fall at Brody No. 1 Mine in June 2008. He sustained severe crushing and permanently disabling injuries, including fractures of his spine and both legs when a large rock from the mine roof struck him. The plaintiffs claim defendant knew of the unsafe “horseback” roof condition existed.
    Case number: 08-C-238

    Dec. 23
    Estate of Randell L. Price, administrator cta Chadwick Lee Price vs. Lillian Price
    PA-Nicholas Casey Jr., Valerie H. Raupp; J-Thompson
    * Judgment against the mother, Lillian Price, of the deceased Randell Price is sought. It claims she obtained more than $17,000 by conversion, breach of fiduciary duty and constructive fraud. Lillian Price had power of attorney, but it expired in late April 2008, according to the complaint, with Randell Price’s death. It says three annuity checks totaling more than $26,000 were cashed after his death by Lillian Price. The difference comes from her paying for the funeral. Punitive damages also are sought.
    Case number: 08-C-241

    Kerrlie E. Bishop and Alfreda Bishop vs. Massey Energy Co., Omar Mining Co., Independence Coal Co., Elk Run Co. Inc., Black Castle Mining Co., Peabody Energy Corp., Pine Ridge Coal Co., Federal Coal Co. and John Doe Corp.
    PA-John E. Sutter, Roger A. Decanio, John R. Mitchell Sr.; J-Thompson
    * One of 45 separate complaints filed against the same defendants concerning the water in the towns of Seth and Prenter in Boone County. The plaintiffs in each case claim the defendant companies contaminated their well water supply through mining practices. They seek injunctive relief for emergency water, medical monitoring costs and compensatory damages for property and person injury caused by exposure to toxic substances.
    Case numbers: 08-C-243 through 08-C-287


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    MADISON –- At least 45 Seth and Prenter residents have filed complaints in Boone Circuit Court against eight coal companies, claiming they face serious health problems after their water supply was allegedly contaminated due to nearby mining operations.

    The water quality has been deteriorating over the last few years, according to interviews Marshall University professor D. Scott Simonton conducted with area residents.

    “All reported taste, appearance and odor changes over that period, as well as the smell of ‘rotten eggs,’” he wrote in a letter to Roger A. Decanio, one of the attorneys for the residents. “In all instances I did smell hydrogen sulfide gas in the home and/or the water sample.”

    Simonton believes and the residents allege the problem began decades ago after coal companies began disposing coal slurry into injection wells, the residents allege.

    From there, the coal slurry, which is created when coal is washed with water and chemicals to separate it from clay, rock and other substances, is moved to abandoned underground mines. The process is one legal way to dispose of waste.

    However, the abandoned mines are known for their high permeability due to fractures, joints and beading planes.

    In addition, the coal companies’ mining operations have destabilized the strata and exposed a direct pathway for the slurry to move into and contaminate the water supply, the complaints allege.

    And once there, the contaminants found in the slurry become part of the water residents use to drink, bathe and wash dishes, according to the complaints.

    Indeed, studies done by Wheeling Jesuit University and Simonton conclude the water of both communities contained human toxins such as lead, arsenic, manganese, iron and sulfides, according to the complaints.

    “There can be no doubt that water coming from the taps in Prenter and Seth is a toxic cocktail,” an emergency motion for injunctive relief states.

    In effect, residents who have been unknowingly drinking the contaminated water now face the possibility of developing serious health problems including cancer and must undergo periodic medical monitoring to screen for health threats, the suits state.

    “The concentrations of known human carcinogens and toxins in the water supply of Seth/Prenter has increased the risk of disease and maladies including but not limited to kidney stone, kidney failure, gallbladder problems, cancer, gastrointestinal problems, skin lesions, and other ailments,” the complaints say.

    And because of the contaminated water supply, Seth and Prenter residents claim their property has been rendered worthless for resale.

    Residents hope the courts will issue an order that would mandate the coal companies provide an emergency water supply within 24 hours and that residents be delivered water bottles to their home on a weekly basis until a safe and permanent water supply is available.

    They are also requesting the courts command the coal companies pay for a medical monitoring program that involves a protocol of periodic cancer and disease screening.

    “Early detection of cancer and other diseases and maladies improve the prospects for cure, treatment, prolongation of life and minimization of pain and disability,” the suits state.

    Right now, residents are getting water from either barrels purchased through donations or from Amazing Grace Fellowship Church at the cost of 25 cents for 125 gallons.

    “However, they still have to use their well water to bathe, clean, wash their dishes, and clothes and for other domestic use, and will continue to do so until clean water is piped into their homes,” an emergency motion states.

    The eight coal companies named as defendants in the suit are Massey Energy, Omar Mining, Independence Coal, Elk Run Company, Black Castle Mining, Peabody Energy Corporation, Pine Ridge Coal Company and Federal Coal Company.

    Residents allege the companies were negligent because they should have known of the increased risk of disease and the risk of damage to water supplies from their coal mining activities.

    However, not everyone is convinced the contaminated water is the fault of the companies.

    “We studied specifically the possibility the slurry injection had migrated into the water, and there’s not a geologic connection between where it was store and where their problem is,” Department of Environmental Protection Director Randy Huffman told the Associated Press. “The injection site in Prenter is not the source of their problems.”

    In addition to an emergency supply of clean drinking water and to the medical monitoring, Seth and Prenter residents are seeking compensation for damage to their property rights, damages for personal injury and unspecified punitive damages.

    They are also asked the court order an abatement of any public nuisance found to exist on the properties, plus costs, attorneys’ fees and other relief the court deems just.

    They are represented by John E. Sutter and Decanio of The Sutter Law Firm in Charleston and by John R. Mitchell Sr. of Charleston.


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  • 02/12/09--23:00: THIS JUST IN: Boone County
  • Dec. 26
    EDUCAP Inc. vs. Loretta Epling and William Smith
    PA-Clinton W. Smith; J-Thompson
    * The plaintiff, based in Sterling, Va., provided a loan of more than $65,000 and seeks judgment for the loan amount, plus pre- and post-judgment interest, late charges, attorney fees, collection fees and court costs.
    Case number: 08-C-292

    Dec. 29
    Bill Messer vs. Summit Ridge Community Church
    PA-pro se; J-Thompson
    * Messer, owner of Messer Construction of Julian, says the church located in Sumerco in Lincoln County owes him more than $13,400 on a $24,424 contract. The church, through attorney Roger D. Forman, countersued Jan. 20, seeking dismissal. It says it owes Messer nothing and that he is not licensed to do commercial work. It also claims more than $9,000 of the project had to be redone and was not completed at the time it canceled the contract due to defective work and/or inability or unwillingness to complete the work.
    Case number: 08-C-293

    Jan. 6
    Howard Johnson and Loretta Blackburn (formerly Johnson) vs. Branch Banking and Trust
    PA-Timothy P. Rosinsky; J-Thompson
    * Plaintiffs financed $47,977 in August 2007 for a truck. Late last year, they “fell one month behind” in payments and told the bank they couldn’t continue making payments. The truck was delivered to BB&T’s Danville branch. They received a notice that $1,558 would cure their default and a letter saying $1,676 had been deducted from their joint checking account. Another letter informed Loretta Blackburn and her mother of the bank taking $2,212 from their joint account, which they claim was not authorized. The deductions, they say, resulted in checks bouncing. They seek jury trial, alleging theft, violation of the West Virginia Consumer Debt and Protection Act. They also seek punitive damages, attorney fees and costs.
    Case number: 09-C-2

    Jan. 7
    Kathy Elkins vs. Eric Pauley
    PA-pro se; J-Thompson
    * Elkins seeks to have Pauley vacate the mobile home he contracted to buy or settle the $24,000 obligation from last July. Elkins, of Bob White, says Pauley now is responsible for eight items of costs, including such things as rent in fault of the sales agreement, an electric bill, renter’s insurance, lot rent and court costs.
    Case number: 09-C-3

    Jan. 8
    Jesse Combs and Brenda Combs vs. Panther Branch Coal Co. dba Long Branch Energy and John Does 1-5
    PA-Wendle D. Cook; J-Thompson
    * A January 2007 roof fall in the underground mine caused Jesse Combs to suffer severe and permanently disabling injuries, according to the complaint. The plaintiffs say the coal company failed to complete with state safety codes, including a proper hazard assessment, proper supervision, following an approved control plan and safe mining practices.
    Case number: 09-C-4

    Jan. 9
    Shaun Michael Adams, Samantha Leann Adams and Stephanie Nicole Adams, minors, by and through their mother and guardian by nature, Angela Dunlap vs. Ester Lee Jett
    PA-Timothy R. Conaway; J-Thompson
    * Plaintiffs seek to impeach the “purposed will” of Eddie Lee Adams, father of the minor plaintiffs. He died last August. They say the will admitted to probate is not a valid will because it is not in his handwriting nor does it have two competent witnesses. Ester Lee Jett, the deceased’s fiance, is named in the contested will as executor and benefactress. The plaintiffs claim the three children are sole heirs and seek jury trial.
    Case number: 09-C-5

    James and Phyllis Mooney vs. Nationwide Property & Casualty Insurance Co.
    PA-Mark Hobbs; J-Thompson
    * The former Boone County residents complain over their inability to collect from a Nationwide policy for the May 2008 destruction by fire of their 2008 Dodge Ram. They charge breach of contract and seek compensatory damages of $50,000, punitive damages, pre-judgment interest and all out-of-pocket expenses.
    Case number: 09-C-6


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  • 03/05/09--23:05: THIS JUST IN: Boone County
  • Jan. 30
    Shawn Steele vs. Ira Steele
    PA-Lonnie C. Simmons; J-Thompson
    * Plaintiff claims he suffered injuries in a February 2007 accident on W.Va. 3 near Racine because the defendant operated the pickup truck in which he was riding negligently, carelessly and unlawfully when he lost control of the vehicle and hit an embankment while trying to avoid hitting a deer.
    Case number: 09-C-15

    Feb. 2
    Encompass Insurance as subrogee of Ricky Workman vs. Billy’s Body Shop
    PA-Andrew N. Frye III; J-Thompson
    * Encompass seeks $23,292 plus interest from the Racine body shop where Workman’s truck was being repaired in February 2007 when the shop caught fire and totaled the vehicle.
    Case number: 09-C-17

    Feb. 4
    State Farm Mutual Automobile Insuranc Co. as subrogee of Robert Baxter vs. Billy Barker’s Body Shop
    PA-Andrew N. Frye III; J-Thompson
    * Baxter says he truck was “damaged beyond repair” in a Feb. 17, 2007, fire at the body shop. State Farm seeks judgment for $14,500 plus interest after more than $4,000 was deducted in salvaged parts.
    Case number: 09-C-18

    Feb. 5
    Daniel King II as administrator of the estate of Wanda Lea Hall vs. Eldridge Steam Cleaning Inc. and Homer L. Keyser, agent/employee
    PA-William M. Tiano; J-Thompson
    * Hall was a passenger on W.Va. 10 near Harts in Lincoln County, and Keyser was driving a company truck on March 1, 2007, when he collided with the vehicle carrying Hall. Her injuries resulted in her death. Her estate seeks compensatory and other damages, including pre- and post-judgment interest, court and attorney fees.
    Case number: 09-C-21

    Feb. 6
    Charles Nutter vs. Magnum Coal Co., Magnum Coal Sales LLC, Nelson Brothers LLC, Catenary Coal Co. LLC, Explo Systems Inc. and Elite Coal Services LLC
    PA-Samuel A. Hrko; J-Thompson
    * Nutter complains of exposure to the harmful substance of 2, 4, 6-trinitrophenyl-n methylnitramine, also known as Tetryl, while employed by Elite Coal Services at a surface mine in Boone County. Nutter, who lives in Fayette County, says Elite directed him “to appear for work and follow the directives of Nelson Brothers and Explo at Magnum’s Catenary Coal Samples Mine.” As a general laborer, he says he was required to detonate Tetryl containing boosters and was not properly trained nor warned of the dangers of Tetryl exposure. In February 2007, Nutter says he loaded a borehole for detonation, and heavy smoke followed. He was taken to a hospital by ambulance, but the accident report was slow to show up. His exposure to Tetryl, he claims, caused shortness of breath, fatigue, weakness, skin irritation and other symptons.
    Case number: 09-C-23


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  • 03/13/09--00:10: THIS JUST IN: Boone County
  • Feb. 6
    Russell Garretson and Shirley Garretson vs. CMH Homes Inc. dba Freedom Homes, Mortgage South Inc., Branch Banking and Trust Co. and Kitson Byrdy
    PA-Harvey D. Peyton; J-Thompson
    * The Seth couple says defendants sold them a new modular home that did not conform to the manufacturer’s express warranties and did not make the repairs and installation requirements necessary. Plaintiffs paid $168,350 to CMH Homes on Nov. 3, 2006, to close the sale. They seek $197,285 for specificc losses, plus $270,000 for general losses.
    Case number: 09-C-26

    Feb. 10
    Charles Hall vs. Magnum Coal Co., Magnum Coal Sales LLC, Nelson Brothers LLC, Catenary Coal Co. LLC and Explo Systems Inc.
    PA-Timothy L. Eves; J-Thompson
    * Hall worked as a heavy equipment operator for Magnum at its Catenary Samples Mine. Explo Systems entered into a government (EPA) agreement in November 2006 to dispose of the munitions which included Tetryl (2, 4, 6-trinitrophenyl-n-methylnitramine) containing explosive boosters at the Samples surface mining operation. Complaint says plaintiff was not informed of the dangers associated with Tetryl exposure and that coal he would be required to handle could contain Tetryl residue. Because of the Tetryl exposure, the complaint says the plaintiff has suffered and continues to suffer, among other symptoms, severe asthma, acute burning and itching and rash to face, head, neck and one hand, frequent nose bleeds, constant clearing of the throat, burning, itching, red and itchy eyes and upset stomach. He seeks compensatory damages.
    Case number: 09-C-27

    Feb. 10
    Jeremy D. Willis vs. Magnum Coal Co., Magnum Coal Sales LLC, Nelson Brothers LLC, Catenary Coal Co. LLC and Explo Systems Inc.
    PA-Timothy L. Eves; J-Thompson
    * Willis worked as a load out technician for Magnum at its Catenary Samples Mine. Explo Systems entered into a government (EPA) agreement in November 2006 to dispose of the munitions which included Tetryl (2, 4, 6-trinitrophenyl-n-methylnitramine) containing explosive boosters at the Samples surface mining operation. Complaint says plaintiff was not informed of the dangers associated with Tetryl exposure and that coal he would be required to handle could contain Tetryl residue. Because of the Tetryl exposure, the complaint says the plaintiff has suffered and continues to suffer, among other symptoms, severe asthma, acute burning and itching and rash to face, head, neck and one hand, frequent nose bleeds, constant clearing of the throat, burning, itching, red and itchy eyes and upset stomach. He seeks compensatory damages.
    Case number: 09-C-28

    Feb. 10
    Timothy Duesing vs. Magnum Coal Co., Magnum Coal Sales LLC, Nelson Brothers LLC, Catenary Coal Co. LLC and Explo Systems Inc.
    PA-Timothy L. Eves; J-Thompson
    * Duesing worked for Magnum at its Catenary Samples Mine. Explo Systems entered into a government (EPA) agreement in November 2006 to dispose of the munitions which included Tetryl (2, 4, 6-trinitrophenyl-n-methylnitramine) containing explosive boosters at the Samples surface mining operation. Complaint says plaintiff was not informed of the dangers associated with Tetryl exposure and that coal he would be required to handle could contain Tetryl residue. Because of the Tetryl exposure, the complaint says the plaintiff has suffered and continues to suffer, among other symptoms, severe asthma, acute burning and itching and rash to face, head, neck and one hand, frequent nose bleeds, constant clearing of the throat, burning, itching, red and itchy eyes and upset stomach. He seeks compensatory damages.
    Case number: 09-C-29

    Feb. 10
    Darrell Neil and Debra Neil vs. Magnum Coal Co., Magnum Coal Sales LLC, Nelson Brothers LLC, Catenary Coal Co. LLC and Explo Systems Inc.
    PA-Timothy L. Eves; J-Thompson
    * Darrell Neil worked for Magnum at its Catenary Samples Mine. Explo Systems entered into a government (EPA) agreement in November 2006 to dispose of the munitions which included Tetryl (2, 4, 6-trinitrophenyl-n-methylnitramine) containing explosive boosters at the Samples surface mining operation. Complaint says plaintiff was not informed of the dangers associated with Tetryl exposure and that coal he would be required to handle could contain Tetryl residue. Because of the Tetryl exposure, the complaint says the plaintiff has suffered and continues to suffer, among other symptoms, severe asthma, acute burning and itching and rash to face, head, neck and one hand, frequent nose bleeds, constant clearing of the throat, burning, itching, red and itchy eyes and upset stomach. He seeks compensatory damages.
    Case number: 09-C-30

    Feb. 10
    Jack Easter vs. Magnum Coal Co., Magnum Coal Sales LLC, Nelson Brothers LLC, Catenary Coal Co. LLC and Explo Systems Inc.
    PA-Timothy L. Eves; J-Thompson
    * Easter worked for Magnum at its Catenary Samples Mine. Explo Systems entered into a government (EPA) agreement in November 2006 to dispose of the munitions which included Tetryl (2, 4, 6-trinitrophenyl-n-methylnitramine) containing explosive boosters at the Samples surface mining operation. Complaint says plaintiff was not informed of the dangers associated with Tetryl exposure and that coal he would be required to handle could contain Tetryl residue. Because of the Tetryl exposure, the complaint says the plaintiff has suffered and continues to suffer, among other symptoms, severe asthma, acute burning and itching and rash to face, head, neck and one hand, frequent nose bleeds, constant clearing of the throat, burning, itching, red and itchy eyes and upset stomach. He seeks compensatory damages.
    Case number: 09-C-31

    Feb. 10
    Terry L. Whitt vs. Magnum Coal Co., Magnum Coal Sales LLC, Nelson Brothers LLC, Catenary Coal Co. LLC and Explo Systems Inc.
    PA-Timothy L. Eves; J-Thompson
    * Whitt worked for Magnum at its Catenary Samples Mine. Explo Systems entered into a government (EPA) agreement in November 2006 to dispose of the munitions which included Tetryl (2, 4, 6-trinitrophenyl-n-methylnitramine) containing explosive boosters at the Samples surface mining operation. Complaint says plaintiff was not informed of the dangers associated with Tetryl exposure and that coal he would be required to handle could contain Tetryl residue. Because of the Tetryl exposure, the complaint says the plaintiff has suffered and continues to suffer, among other symptoms, severe asthma, acute burning and itching and rash to face, head, neck and one hand, frequent nose bleeds, constant clearing of the throat, burning, itching, red and itchy eyes and upset stomach. He seeks compensatory damages.
    Case number: 09-C-32

    Feb. 27
    Cecil W. Sosebee vs. Big Ben Lumber dba Coal Field Lumber and Ronald Back
    PA-Cynthia M. Ranson; J-Thompson
    * Sosebee says a tractor trailer owned by Big Ben Lumber and driven by Back was hauling crib blocks near the Brodie Mines on Nov. 11 on W.Va. 85 south of Milwood Road when it crossed the center line, forcing him in his pickup truck to leave the road and collide with a utility pole. The complaint says Back left the scene and didn’t return. Sosebee seeks compensatory, general and punitive damages as well as court costs and attorney fees.
    Case number: 09-C-39


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  • 03/20/09--00:15: THIS JUST IN: Boone County
  • Feb. 27
    Symetra Assigned Benefits Service Co. vs. Rickey C. Allen II
    PA-Steve A. Baker; J-Thompson
    * SABSCO seeks approval of a transfer of structured settlement payment rights. An original 1992 settlment agreement resolved claims by Allen, of Ashford, to compensate for personal injuries or sickness.
    Case number: 09-C-40

    March 2
    Green Tree Servicing LLC vs. Christopher Mullins and Beth Mullins
    PA-Jason S. Long; J-Thompson
    * Green Tree seeks to repossess the Twilight couple’s mobile home because they allegedly breached a $164,667 installment contract signed in 1997.
    Case number: 09-C-41

    March 3
    Anna M. Carr vs. williams Holdings LLC dba Williams Transport
    PA-J. Michael Ranson; J-Thompson
    * Carr alleges she was terminated in May 2007 from her job because she filed a workers’ compensation claim after she “was injured on the job when she was exposed to toxic chemicals” in March 2007. She worked at the Julian dispatch office. She seeks judgment for back pay and employment benefits as well as reinstatement or front pay in lieu of reinstatement. She also seeks compensatory personal and punitive damages, attorney fees and court costs.
    Case number: 09-C-42

    March 6
    Marilla J. McNeely, James M. Smith and Lisa Ann Smith vs. Brook Trout Coal LLC, Magnum Coal Co. Magnum Coal Services LLC, Nelson Brothers LLC, Catenary Coal Co. LLC, Explo Systems Inc., Elite Coal Services LLC, John Rucker
    PA-Marvin W. Masters, April D. Ferrebee, Richard A. Monohan; J-Thompson
    * The plaintiffs seek compensatory damages for injuries from exposure to the chemical substance 2, 4, 6-trinitophenyl-n-methylnitramine, commonly known as Tetryl. The substance can be used as an explosive aid in surface mining.
    Case number: 09-C-43

    Wilma S. Parsons and Senate Parsons Jr. vs. Brook Trout Coal LLC, Magnum Coal Co. Magnum Coal Services LLC, Nelson Brothers LLC, Catenary Coal Co. LLC, Explo Systems Inc., Elite Coal Services LLC, John Rucker
    PA-Marvin W. Masters, April D. Ferrebee, Richard A. Monohan; J-Thompson
    * The plaintiffs seek compensatory damages for injuries from exposure to the chemical substance 2, 4, 6-trinitophenyl-n-methylnitramine, commonly known as Tetryl. The substance can be used as an explosive aid in surface mining.
    Case number: 09-C-44

    Jessica H. Persinger et al. vs. Brook Trout Coal LLC, Magnum Coal Co. Magnum Coal Services LLC, Nelson Brothers LLC, Catenary Coal Co. LLC, Explo Systems Inc., Elite Coal Services LLC, John Rucker
    PA-Marvin W. Masters, April D. Ferrebee, Richard A. Monohan; J-Thompson
    * The plaintiffs seek compensatory damages for injuries from exposure to the chemical substance 2, 4, 6-trinitophenyl-n-methylnitramine, commonly known as Tetryl. The substance can be used as an explosive aid in surface mining.
    Case number: 09-C-45

    Margaret Martin vs. Brook Trout Coal LLC, Magnum Coal Co. Magnum Coal Services LLC, Nelson Brothers LLC, Catenary Coal Co. LLC, Explo Systems Inc., Elite Coal Services LLC, John Rucker
    PA-Marvin W. Masters, April D. Ferrebee, Richard A. Monohan; J-Thompson
    * The plaintiff seeks compensatory damages for injuries from exposure to the chemical substance 2, 4, 6-trinitophenyl-n-methylnitramine, commonly known as Tetryl. The substance can be used as an explosive aid in surface mining.
    Case number: 09-C-46

    Melissa M. Hershman et al. vs. Brook Trout Coal LLC, Magnum Coal Co. Magnum Coal Services LLC, Nelson Brothers LLC, Catenary Coal Co. LLC, Explo Systems Inc., Elite Coal Services LLC, John Rucker
    PA-Marvin W. Masters, April D. Ferrebee, Richard A. Monohan; J-Thompson
    * The plaintiffs seek compensatory damages for injuries from exposure to the chemical substance 2, 4, 6-trinitophenyl-n-methylnitramine, commonly known as Tetryl. The substance can be used as an explosive aid in surface mining.
    Case number: 09-C-47

    Ashley M. Legg et al. vs. Brook Trout Coal LLC, Magnum Coal Co. Magnum Coal Services LLC, Nelson Brothers LLC, Catenary Coal Co. LLC, Explo Systems Inc., Elite Coal Services LLC, John Rucker
    PA-Marvin W. Masters, April D. Ferrebee, Richard A. Monohan; J-Thompson
    * The plaintiffs seek compensatory damages for injuries from exposure to the chemical substance 2, 4, 6-trinitophenyl-n-methylnitramine, commonly known as Tetryl. The substance can be used as an explosive aid in surface mining.
    Case number: 09-C-48

    Marsha L. Isaacs et al. vs. Brook Trout Coal LLC, Magnum Coal Co. Magnum Coal Services LLC, Nelson Brothers LLC, Catenary Coal Co. LLC, Explo Systems Inc., Elite Coal Services LLC, John Rucker
    PA-Marvin W. Masters, April D. Ferrebee, Richard A. Monohan; J-Thompson
    * The plaintiffs seek compensatory damages for injuries from exposure to the chemical substance 2, 4, 6-trinitophenyl-n-methylnitramine, commonly known as Tetryl. The substance can be used as an explosive aid in surface mining.
    Case number: 09-C-49

    Esther Marie Taylor et al. vs. Brook Trout Coal LLC, Magnum Coal Co. Magnum Coal Services LLC, Nelson Brothers LLC, Catenary Coal Co. LLC, Explo Systems Inc., Elite Coal Services LLC, John Rucker
    PA-Marvin W. Masters, April D. Ferrebee, Richard A. Monohan; J-Thompson
    * The plaintiffs seek compensatory damages for injuries from exposure to the chemical substance 2, 4, 6-trinitophenyl-n-methylnitramine, commonly known as Tetryl. The substance can be used as an explosive aid in surface mining.
    Case number: 09-C-50

    Deanna I. Miller et al. vs. Brook Trout Coal LLC, Magnum Coal Co. Magnum Coal Services LLC, Nelson Brothers LLC, Catenary Coal Co. LLC, Explo Systems Inc., Elite Coal Services LLC, John Rucker
    PA-Marvin W. Masters, April D. Ferrebee, Richard A. Monohan; J-Thompson
    * The plaintiffs seek compensatory damages for injuries from exposure to the chemical substance 2, 4, 6-trinitophenyl-n-methylnitramine, commonly known as Tetryl. The substance can be used as an explosive aid in surface mining.
    Case number: 09-C-51

    Tamera Campbell et al. vs. Brook Trout Coal LLC, Magnum Coal Co. Magnum Coal Services LLC, Nelson Brothers LLC, Catenary Coal Co. LLC, Explo Systems Inc., Elite Coal Services LLC, John Rucker
    PA-Marvin W. Masters, April D. Ferrebee, Richard A. Monohan; J-Thompson
    * The plaintiffs seek compensatory damages for injuries from exposure to the chemical substance 2, 4, 6-trinitophenyl-n-methylnitramine, commonly known as Tetryl. The substance can be used as an explosive aid in surface mining.
    Case number: 09-C-52

    Shawn M. Morris et al. vs. Brook Trout Coal LLC, Magnum Coal Co. Magnum Coal Services LLC, Nelson Brothers LLC, Catenary Coal Co. LLC, Explo Systems Inc., Elite Coal Services LLC, John Rucker
    PA-Marvin W. Masters, April D. Ferrebee, Richard A. Monohan; J-Thompson
    * The plaintiffs seek compensatory damages for injuries from exposure to the chemical substance 2, 4, 6-trinitophenyl-n-methylnitramine, commonly known as Tetryl. The substance can be used as an explosive aid in surface mining.
    Case number: 09-C-53

    March 12
    Lipsey’s LLC vs. Graybeal Enterprises LLC, Matthew Graybeal aka Matt Graybeal and Melody Graybeal
    PA-Stephen L. Gaylock; J-Thompson
    * Lipsey’s, a Louisiana-based company, seeks payment on a March 2008 invoice for more than $21,000 from the Peytona-based business.
    Case number: 09-C-55

    Frank W. Harper vs. Catenary Coal Co. LLC and Joey Bartley
    PA-Michael J. Aloi; J-Thompson
    * Harper says Catenary and Bartley failed to operate loading equipment in a safe manner in March 2007, causing him to suffer injuries. The complaint says Bartley dispatched a large boulder from his front end loader into Harper’s partially loaded truck causing Harper “to be jerked against the door of his truck and then away from the door.” Harper claims the company “had received numerous complaints” about Bartley’s conduct of his loading duties and demands jury judgment to compensate for injuries, pre- and post-judgment interest, attorney fees and court costs.
    Case number: 09-C-56


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    MADISON – A jury in Boone County last week awarded a miner about $2 million for an injury he suffered while working for a Massey Energy subsidiary.

    Stanley Stevenson II was given $189,100 for medical expenses and other damages and $1.8 million for lost wages from a 2006 lawsuit he brought against Independence Coal and Spartan Mining accusing them of negligence and deliberate intent.

    Spartan Mining and the deliberate intent count were dismissed from the lawsuit by the court.

    Stevenson was a general laborer and belt-man at the Justice No. 1 mine near Richardson in Boone. His job often required him to travel on a man-trip, which takes miners to work sites on an underground rail system.

    On Jan. 31, 2005, Stevenson was traveling alone on a man-trip when the vehicle’s brake system failed on a declivity, according to his complaint.

    He managed to get the vehicle stopped and reported the incident to mine management. A repairman was sent out to fix the brakes and Stevenson set off for the work site.

    The vehicle’s brakes failed again and Stevenson again managed to get the vehicle stopped. In an attempt to move the man-trip off the main rail and avoid collision with another man-trip, Stevenson stuck his right hand in the vehicle’s brake system, the complaint says.

    The brake system either shifted or slid, the complaint said, and Stevenson’s hand became lodged between the brake head and the frame of the man-trip. Stevenson was seriously injured.

    Stevenson was represented by Harry Hatfield, Matt Hatfield and Mark Atkinson.


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  • 03/27/09--00:10: THIS JUST IN: Boone County
  • March 18
    Nuvell Credit Corp. vs. Gary K. Howell and Frances L. Howell
    PA-Robert L. Bandy; J-Thompson
    * Nuvell seeks a balance of $22,767 plus interests and costs on an installment contract from March 2005 for almost $41,000 to purchase a Chevrolet Trailblazer. The complaint says the Van couple has not made a monthly payment since March 2008 when Gary Howell filed for bankruptcy. Nuvell wants possession of the vehicle, which is “wrongfully detained by the defendant, Frances L. Howell,” to serve as collateral toward the debt.
    Case number: 09-C-61

    Citibank South Dakota vs. Pamela S. Myers
    PA-Steven B. Mulrooney; J-Thompson
    * Citibank says the Wharton couple owes $14,477 on an account. It also seeks interest and court costs.
    Case number: 09-C-62

    Ford Motor Credit Co. LLC vs. Stephany A. and Timothy Jones
    PA-Steven B. Mulrooney; J-Thompson
    * Ford seeks $11,753 plus interest for the balance owed on a February 2007 installment contract truck purchase.
    Case number: 09-C-64

    March 20
    Larry A. Burgess Jr. vs. Iona Dent
    PA-Harry M. Hatfield; J-Thompson
    * Burgess seeks damages related to a head-on high-speed collision in June 2008 on U.S. 119 (Corridor G) near Chapmanville. He says Dent was traveling the wrong way in the southbound passing lane of the road. He seeks compensatory, special and general damages as well as costs, attorney fees and post-judgment interest.
    Case number: 09-C-65


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  • 04/17/09--00:00: THIS JUST IN: Boone County
  • March 23
    Elk Run Coal Co. Inc. dba Black Castle Mining Co., Massey Energy Co., Certain Underwriters at Lloyd’s London; Allied World Assurance Co. LTD; National Union Fire Insurance Co. of Pittsburgh, Pa.; Westchester Surplus Lines Insurance Co. and Ace American Insurance Co. vs. Komatsu America Corp., Cummins Inc. and Rish Equipment Co.
    PA-Joseph G. Nogay; J-Thompson
    * Plaintiff companies seeks more than $3.8 million in a product liability case involving the purchase of a Komatsu 930E-3 truck from Rish in Bluefield, W.Va., in August 2007. The engine caught fire while the truck was in Boone County, “totally disabling said truck from further use. Damages of more than $2 million have been paid. Plaintiffs say the defendants failed to properly design, manufacture and/or assemble the engine and properly inspect the truck and engine. They also seek interest, costs and other relief.
    Case number: 09-C-66

    March 24
    Donna Woods and Harold G. Woods, as next friends of Andrew Lee Adkins vs. Town of Danville and Arthur Jarrett
    PA-Kenneth E. Webb Jr.; J-Thompson
    * The plaintiffs seek compensatory damages for the false arrest of the minor Adkins last August. He was jogging on Main Street in Madison when “confronted in a hostile manner by Danville Police Officer Arthur Jarrett at gunpoint.” Adkins was then ordered to the ground, handcuffed and placed in a police car. Jarrett then was notified that he had the wrong person in custody.
    Case number: 09-C-70

    March 31
    Rebecca A. Cain, administratrix of the estate of Steven R. Cain vs. Independence Coal Co. Inc. and Massey Energy Co.
    PA-R. Edison Hill; J-Thompson
    * Steven Cain, 32, was killed Oct. 8 in Justice No. 1 Mine at Uneeda. He wa a contract employee as an apprentice or “red hat” miner, going on four months with the Massey subsidiary. He was on a loaded supply car underground when a high voltage cable was hanging too low when he was crushed between a parked car and some coal. His widow seeks compensatory damages, pre- and post-judgment interests, costs, expenses, attorney fees and other relief.
    Case number: 09-C-79


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  • 05/08/09--00:05: THIS JUST IN: Boone County
  • March 30
    Raymond and Tamara Kenny, individually and as parents and guardians of Haley Kenny, Bryson Kenny, Kittan Mitchell and Andrew Ross, minors vs. Massey Energy Co., Omar Mining Co., Independence Coal Co., Elk Run Co. Inc., Black Castle Mining Co., Peabody Energy Corp., Pine Ridge Coal Co., Federal Coal Co. Inc., John Doe Corp.,
    PA-Sutter Law Firm, John R. Mitchell & Associates; J-Thompson
    * Plaintiffs, who live in the Seth-Prenter area, seek injunctive relief to provide emergency water, recovery of anticipated medical monitoring costs and property and personal injuries caused by exposure to toxic substances as a result of the defendants’ misconduct, which includes “deliberate disregard for the rights and safety of others and were grossly negligent, malicious, oppressive, willful and wanton.” They also seek punitive damages.
    Case number: 09-C-73

    April 14
    Shirley A. Hager vs. Patty Selbe and Encompass Indemnity Co.
    PA-Matthew M. Hatfield; J-Thompson
    * In a September 2007 accident on W.Va. 94 near Hernshaw, Hager claims Selbe’s insurer made substandard settlement offers. She seeks compensatory damages, punitive damages, pre-judgment interest, costs and attorney fees.
    Case number: 09-C-92

    April 17
    Diana Williams and Jerry Williams vs. Carico International Inc., Carico Direct Distributors, Mike King and Vickie Crawford
    PA-J. Michael Ranson and Cynthia M. Ranson; J-Thompson
    * Diana Williams seeks damages for “extensive burns … to her torse, arms and legs” caused by exploding lima beans, steam and liquid while using her Carico Pressure Cooker in February 2008. She says the cooker purchased from door-to-door sales agents King and Crawford was defective and the producer did not warn of dangers when cooking lima beans. They seeks joint and several compensatory damages, costs, attorney fees and other relief.
    Case number: 09-C-93

    April 21
    Angela Evans, individually and as mother and next friend of Jennifer Mileto, a minor vs. William Adkins, Massey Coal Services Inc. and Spartan Mining Co. dba Mass Transport Co.
    PA-Matthew Hatfield; J-Thompson
    * Evans seeks damages for a rear-end collision on W.Va. 44 in Logan County in April 2007 when a Freightliner truck owned by Massey and operated by Adkins struck her vehicle, causing injury to her and her 17-year-old daughter.
    Case number: 09-C-94


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