WEST VIRGINIA RECORD

Oct. 18
William E. Williams and Karen Williams, his wife vs. Lowe's Home Centers, Inc. a foreign corporation
PA- David Cross; J- Wilson
* While returning previously purchased items, on Dec. 30, 2005, Williams was instructed by one employee to stand in a certain area. Subsequently, another employee struck him in the head with an object unknown in nature, knocking him to the ground, and causing personal injury. Compensatory damages, fees and costs are sought from Lowe's for the negligent acts of its employees.
Case number: 07-C-470

Hudson & Keyse LLC, assignee of Citibank, N.A. vs. Ted A. Elswick- Erickson
PA- Ryan Marsteller; J-Wilson
* A credit card was issued on Sept. 1, 1999, to Erickson who has failed and refused to pay $36,071.64. This amount includes $17,295.44, as interest from Nov. 23, 2004 through Oct. 11, 2007. Judgment with interest, costs and fees is sought.
Case number: 07-C-471

Oct. 23
Cynthia Blackburn vs. Kelly Services Inc., Steven Yesenczki, individually, and West Point Products LLC
PA- Frank Duff, Sandra Law; J- Wilson
* Blackburn took a laborer position with West Point, through Kelly, on Aug. 29, 2006. A promise for hire after 90 days was never fulfilled. She claimed widespread use of drugs and abusive language of employees to Yesenczki but no action was taken. On Dec. 29, 2006, she was admitted to the hospital. During her stay she was terminated from West Point. Both Kelly and West Point have advertised and filled positions for she was neglected for consideration. Belief that her disability extends her protection under WV Human Rights Act, that the conduct of Kelly was egregious and intentional, present the tort of outrage and the intentional infliction of emotional distress claimed. Punitive and compensatory damages are sought along with costs and fees.
Case number: 07-C-476

Patty Jean Hill and Brent Allen Hill, husband and Tiffany Rose Hill, a minor, by her mother next friend, Patty Jean Hill vs. Kaitlyn N. McKitrick
PA- James Bordas III; J- Gaughan
* While driving on Interstate 70 in the eastbound lane on June 23, 2006, Hill's vehicle was struck and sideswiped forcing her off the road. As direct and proximate result of McKitrick's neglect and failure to maintain control, Hill has suffered physical, mental and emotional anguish and diminishment of enjoyment of life and loss of love, society and companionship as a mother. Compensatory and general damages are sought jointly and severally.
Case number: 07-C-477

Edward Stupak and Brenda Stupak vs. Wanda Jean LaRue
PA- David Jividen; J- Wilson
* Stupak says LaRue failed to observe a vehicle as she entered the intersection at Battle Run Road. Failure to yield right of way at a stop sign and crossing into his lance of travel, caused him to strike the passenger side of LaRue's Ford Focus. Investing forensic analysis indicate Stupak did not contribute to the collision. Direct and proximate results of injuries, medical expenses, diminution of spousal consortium demand compensation. An injunction against Westfield and Foremost Insurance companies from disseminating information obtained during this litigation to any third party.
Case number: 07-C-478

Oct. 24
Calvin F. Miller vs. Helen J. Miller
PA -W. Eric Todd; J- Wilson
* A complaint for specific performance says, on March 29, 2007, by written contract, an agreement was entered into to acquire and transfer interest in property located at Roney's Point in Triadelphia, adjacent to National Road. Parcel's I, II, III, IV and V being the Blaney property/Roney's Point property conveyed in forgiveness of debts owed in the form of lease payments, compensation for property management, and back wages for the year 2006. Defendant Miller fails and refuses to convey the property. Miller seeks a decree directing specific performance and general warranty deed to the properties, along with costs of this suit and attorney fees.
Case number: 07-C-479

Travis Polly vs. Marilyn Beaver and Russell Beaver
PA- Ronald Zavolta; J- Gaughan
* Russell was traveling west on I-70, on Oct. 26, 2005, when he rear- ended Polly who was driving a 1995 Toyota truck. This collision caused Polly to strike a 2004 Pontiac Montana operated by Dianna Good. Polly suffered serious injuries to his head, neck and back. Compensatory damages, both jointly and severally, with interests and costs are sought.
Case number: 07-C-480