This Just In: Brooke County

Nov. 15 Tamela Coen v. Jayleen Olson J- Wilson; PA- William Cipriani * Coen and Olson were both heirs of the estate of Wanda S. Taylor. Coen claims Olson coerced Taylor into transferring funds to Olson. Coen also claims Olson misused her power of attorney by withdrawing $15,000 from Taylor's funds. Coen seeks compensatory damages in the amount of $15,000 for emotional distress, punitive damages, and pre and post judgment. Case number: 07-C-242 Nov. 16 Michael Batalo, et al. v. Lloyd Blackburn, et al. J- Mazzone; PA- Dean G. Makricostas, Esq. * Under contract, Blackburn purchased real estate from Batalo. In the contract, the parties agreed that the Batalos would have as much time as necessary to remove their belongings from the estate. Blackburn, however, is withholding the Batalos' property. Batalo seeks $50,000, the release of goods, attorney's fees, and damages. Case number: 07-C-244 William Moore, et al. v. Kepich Trans, Inc. J- Gaughan; PA- Frank Cuomo * Moore's left leg was injured when a Kepich employee failed to remove an oil line hose connecting Moore's truck and the Kepich employee's truck. Moore seeks compensatory damages, pre and post judgment, and an amount that fairly repays him for damages. Case number 07-C-245 Dec. 3 Rebecca Faulkner v. Wheeling Nisshin, Inc. et al. J- Gaughan; PA- Raymond A. Hinerman * Faulkner, an employee of Wheeling Nisshin, fell 20 feet through an unguarded open trap door, injuring her back and ankle. Faulkner claims that because Wheeling Nisshin failed to secure the area, she has lost $40,000 in wages because of her fall. She seeks adequate compensation, punitive damages, and interest. Case number: 07-C-255 Dec. 5 Stacie Teller v. C's Country Kitchen, Inc. J- Mazzone; PA- M. Eric Frankovitch * C's is a limited video lottery retailer. Teller, a patron of C's, was playing Keno when she won the jackpot prize of $9,999.75. C's refused to pay Teller the amount, thereby breaching their contract. Teller seeks damages in excess of jurisdictional limit, pre and post judgment, fees, and costs. Case number: 07-C-257 Dec. 10 Michael Rich v. Nestle Purina Pet Care Co. J- Recht; PA- Nicholas A. Wininsky * Rich, a supervisor for Nestle, found his employment terminated after he criticized the company's attendance policy. Additionally, Rich underwent hip surgery. He feels his termination is the result of discrimination and retaliatory discharge. Rich seeks compensatory damages for humiliation and embarrassment, fees, costs, and punitive damages. Case number: 07-C-263 Dec. 14 Jessica Elliot v. Wal-Mart Stores, Inc. J- Recht; PA- Jacob M. Robinson *Elliot fell in the Wal-Mart parking lot on a slippery, yellow divider. Elliot believes Wal-Mart failed to care for her safety and properly maintain the parking lot. She seeks judgment in excess of jurisdictional limit, and compensatory damages. Case number: 07-C-266 Jan. 7 Boyd Townsend Jr., et al. v. Danielle Campbell, et al. J- Wilson; PA- M. Eric Frankovitch * While in the McDonald's parking lot, Townsend fell on ice. Townsend believes Campbell, the owner of the McDonald's failed to properly maintain the safety of the parking lot. Townsend seeks damages in excess of jurisdictional limits, pre and post judgment, and costs. Case number: 08-C-4 Jan. 8 Paula Howe v. Donald Smith and Melonie Smith, et al. J- Gaughan; PA- M. James T. Carey * Howe, an invitee to the home of Melonie Smith, was jumping on a trampoline when she fell and fractured her tibia. Howe believes the Smiths failed to properly design and maintain the trampoline and its safety devices. She seeks judgment in an amount that will fairly compensate her for her injury. Case number: 08-C-5

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