This just in: Kanawha County
News Service Feb. 24, 2006, 1:30am
Anna Campbell vs. West Virginia Department of Transportation, Division of Highways and Ben Savilla, in his official and individual capacity
PA-Kristina Thomas Whiteaker; J-Walker
* Campbell says she has been a victim of sexual discrimination after being denied chances at promotion. She also says the DOH has an ineffective grievance reporting procedure.
Case number: 06-C-140
Karen Sue Frame vs. American Bankers Life Assurance Company of Florida dba Assurant Group, an insurance company; Banc One Financial Services of West Virginia Inc.
PA-Michael R. Whitt; J-Zakaib
* Frame, who lives in Sutton, claims her mortgage loan has a credit life insurance policy insuring unpaid mortgage balance. Her husband died in 2004, and she says Assurant paid part of the loan balance, but still has more than $35,000 of unpaid principal. She seeks compensatory damages of $150,000 and punitive damages of $5,000.
Case number: 06-C-141
Michael Alan Rhodes, administrator of the estate of Barbara Keener Rhodes, deceased vs. T&B LLC dba Barney's Sports Bar, Carl L. Barnhart and Patricia A. Barnhart
PA-Richard L. Earles; J-Bloom
* Rhodes says the employees of Barney's Sports Bar served his wife too much alcohol before her fatal car accident in 2004.
Case number: 06-C-144
Sandra Meadows vs. The Huntington National Bank
PA-Jennifer Narog Taylor; J-Berger
* Meadows of Charleston says the bank should repay her for withdrawals fraudulently taken from her checking account.
Case number: 06-C-145
Andrea Wiley, administratrix of the estate of Tony Lee Wiley vs. Trooper M.K. Elkins, Trooper D.C. Brinegar, West Virginia State Police, Department of Public Safety
PA-Robert B. Kuenzel; J-Zakaib
* MAKING COPIES
Case number: 06-C-146
Regina Hampton vs. B&P Promotions, Bristol Broadcasting Company Incorporated
PA-Bruce M. White; J-Kaufman
* Hampton of Belpre, Ohio, seeks compensation for injuries she sustained at a May 2005 concert at Oakes Field in South Charleston. She says she sustained injuries to her knee when she was forced to make way for swaying and falling scaffolding.
Case number: 06-C-147
Tammy Conley, Administratrix of the Estate of John Cody Conley, a deceased minor v. Jerry Stollings, Joseph Richards, Steven R. Richards, and Cynthia L. Richards, Cabot Oil and Gas Corporation, west Virginia Department of Transportation, Division of Highways
PA-John Einreinhofer; J-Walker
Tammy Conley, mother of the deceased John Cody Conley, is suing the defendants, claiming their negligence led to the death of her 13-year-old son. She claims that he was riding an all-terrain vehicle on property owned by Stollings at Crawley Creek in Logan County, property previously owned by WVDOT, DOH, until Nov. 9, 1999, when the Richards became owners from Nov. 9, 1999, until Feb. 17, 2005. Though Conley insists the defendants must have known ATVs were regularly ridden in the area, one or more of them placed a cable across a trail with the purpose of impeding the progress of ATVs. Conley claims the cable struck her son's neck and caused trauma that resulted in his death.
Case number: 06-C-148
Bernice Asbury vs. Ford Motor Credit Company
PA-Daniel F. Hedges; J-King
* After her husband died, Asbury had Ford repossess his vehicle. They did, but the credit company continued to call her saying she owed them more than $6,000.
Case number: 06-C-149
CAMC Inc. vs. Patricia Nikki Watts
PA-Francis C. Gall Jr.; J-Zakaib
* CAMC says Watts of Lavalette owes $29,867.53 for goods and services, plus interest and court costs.
Case number: 06-C-156
Barnett R. Stubblefield and Dolores Stubblefield, his wife vs. 20th Century Glove Corp. of Texas, et al.
PA-David P. Chervenick and Scott Segal; J-visiting judge
* Stubblefield of Pittsburgh says that he was exposed to asbestos for many years while working at various job sites in West Virginia, Ohio and Pennsylvania as a laborer. He now has mesothelioma. The suit names 79 defendants.
Case number: 06-C-159
John Bolen vs. Speed Mining Inc.
PA-Brett J. Preston; J-Stucky
* The Raleigh County man says the Beckley-based mine company is responsible for injuries he sustained while working at the American Eagle mine in Kanawha County.
Case number: 06-C-163
Dunbar Housing Authority v. Joshua Allen
J-Stucky; PA-Pro se
* The DHA is seeking 612 dollars in rent withheld by Allen, who refused to pay rent for October and November of 2005 and January of this year because of a roach problem. In a counter-claim, Allen wants his rent reduced because of the decreased market value of his Dunbar apartment caused by a roach situation he described as "unbearable." He claims his five children were bitten by roaches and found them in their hair.
Case number: 06-C-96
Selena Maria Mendez v. John T. Lyons, individual as owner of Lyon's Trucking and Towing, a sole proprietorships and/or a corporation andor a partnership, et al.
J-Kaufman; PA-Douglas Witten
* Mendez claims a wrecker owned by Lyon's Trucking and Towing collided with her car on Interstate 79 on Feb. 3, 2004, leaving her with several injuries and emotional distress. She is seeking compensatory damages for medical costs and lost wages.
Case number: 06-C-172
Joyce Lynne Montroso and Phillip Montroso v. Holiday Inns, Inc., a corporation d/b/a Holiday Inn Charleston House
PA-J. Timothy DiPiero; J-Zakaib
* The Montrosos, an Ohio couple that own and operate concession trailers, are suing Holiday Inn after Joyce broke her ankle during last year's Charleston Sternwheel Regatta. They say a piece of concrete was missing from the sidewalk in front of the Holiday Inn, and Joyce's foot became stuck in the hole. The couple is seeking compensation to be determined by a jury.
Case number: 06-C-173
Bryant Krepps and Donald P. Mason, Jr. v. West Coast Chopppers, Inc., A California corporation and DNA Specialty, Inc., a California corporation
J-Berger; PA-Charles M. Love
* Mason and Krepps claim that negligence by the defendants in the manufacturing of a motorcycle resulted in a wreck where Mason was hurled over the handlebars on a highway. The motorcycle was sold by West Coast Choppers and a wheel that Mason and Krepps claimed locked up, causing the wreck, was produced by DNA Specialty. The plaintiffs are seeking compensatory damages for Mason's injury and Krepps' loss of personal property.
Case number: 06-C-176
State Farm Insurance Companies v. Rosa Krack
J-Zakaib; PA-Michael R. Cline
* State Farm is seeking $14,619.03 after paying for the damages incurred in an accident on Feb. 24, 2004. They claim Krack ran a red light and collided with a 2002 Chevrolet Suburban K1500 LT owned and operated by the plaintiff's insured Edward Clark.
Case number: 06-C-177
State Farm Insurance Companies v. Ellen L. Myers
J-Berger; PA-Michael R. Cline
* State Farm is seeking $43,812.75 after paying for the damages incurred in an acident on Feb. 15, 2004. They claim Myers did not have the right of way and collided into a 1999 Volkswagen owned and operated by the plaintiff's insured Matthew Payne.
Case number: 06-C-179
Anita D. Carpenter v. Nancy Osborne
J-King; PA-Jack W. DeBolt
* Carpenter is seeking an injunction restraining Osborne from communicating with her or her children, Neka Jean Carpenter, 16, and Dakota Spencer Carpenter, 10. Carpenter alleges that in Aug. 2005, Osborne learned that husband Cody Spencer Osborne is the father of Anita Carpenter's children, and that since has "endeavored to communicated with her children directly and through intermediaries, believed to be in retribution toward the plaintiff for the former relationship between the plaintiff and father."
Case number 06-C-183
Monsanto Nitro Federal Credit Union v. John W. Jordan, III
PA-James W. Lane, Jr.; J-Walker
* The Monsanto Nitro Federal Credit Union claims Jordan has failed to make payments on a loan that the credit union gave him on July 25, 2002, and currently owes $19,406.10. Jordan was to make 72 monthly payments of $324, but he has paid a total of only $2,043.
Case number: 06-C-188
State of West Virginia ex rel. West Virginia Insurance Commission v. Chafin Clear Cutting Inc., a West Virginia corporation, and Ransom Chain, Jr., in his individual capacity and in his capacity as president of Chafin Clear Cutting, Inc.
PA-David Ansell; J-Berger
* The West Virginia Insurance Commission is seeking $30,580.90 from Chafin Clear Cutting, claiming the company have failed to pay its quarterly premium to the Workers' Compensation Commission seven times from March 31, 2004 to Sept. 30, 2005 and may have unreported wages. The Commission demands the defendants stop doing business in West Virginia until all wages are reported and all amounts owed to the plaintiff are paid in full.
Case number: 06-C-190
Gary A. Lacy and Sarah Lacy v. Judy Harvey, d/b/a Judy's Trucking, and Robert L. Harvey, Jr., and West Virginia Paving, Inc.
PA-Brent Kesner; J-Kaufman
* The Lacys claim that an accident on June 28, 2004, at a paving site was the result of negligence by the defendants. Gary Lacy was working as a flag man when a truck owned by Judy's Trucking and operated by Robert Harvey rolled over and struck him. Lacy claims the truck had bald tires, defective brakes and a cracked windshield. Judy's Trucking had been hired by West Virginia Paving for a paving project near Mink Shoals.
Case number: 06-C-193
Nancy A. Austin, executrix of the estate of William R. Warner, Jr., deceased, v. Arvind Viradia, M.D.
PA-Mark R. Staun; J-Kaufman
* Austin asserts that the death of her nephew, Warner, in November of 2003 was a result of negligence by Viradia, claiming he should have ordered further examination of Warner or recommended him to a specialist. Warner died of a progressive brain disease and complained of several medical problems over a three-year span that he saw Viradia, who operated at the Cross Lanes Internal Medicine Group, Inc., Austin says.
Case number: 06-C-196
Jeffrey Allen Young v. Fola Coal Company, a West Virginia limited liability company d/b/a Powellton Coal Company, L.L.C., and Powellton Coal Company, and Amvest Corporation, a West Virginia corporation, and M.G.C., Inc., a West Virginia corporation, and Canadian Right-of-Way Clearing, Inc., a West Virginia corporation, and The Crosby Group, a Delaware foreign for profit business corporation.
PA-Timothy C. Bailey; J-Berger
* Young claims a bulldozer he was operating slid down a mining site in Fayette County while Fola, Amvest and M.G.C. failed to provide proper supervision during a dangerous undertaking known as "yo-yoing," used to clear brush and trees off the side of hills. A hook made by The Crosby Group broke, causing the bulldozer to slide, and claims his employer, Canadian, sent him to work on an unsafe site. He says he is permanently and severely injured because of the incident, which occurred on May 19, 2005, and is seeking compensation medical bills and the loss of future earning capacity, as well as physical and mental anguish.
Case number: 06-C-197