THIS JUST IN: Brooke County

April 22 John A. Fowler and Debra Fowler v. Michael Smitsky d/b/a Michael Smitsky Excavating J- Recht; PA-Michael G. Simon * Smitsky improperly installed a downspout on the Fowlers' home, resulting in water damage to the Fowlers' property. The Fowlers claim Smitsky breached their contract in his negligence. They seek judgment for damages in excess of jurisdictional limits, pre and post judgment and fees. Case number: 08-C-77 Elizabeth Julio and Sam Julio v. Todd Mitchell and First Fleet, Inc. J- Wilson; PA- William C. Gallagher * Elizabeth Julio, a shipper for Ball Corporation, was loading materials on a First Fleet truck. Mitchell, a First Fleet driver, was attempting to assist Julio and raised a deck plate out of his trailer creating an open space into which Julio fell. Julio incurred injuries to her hip and thigh, and seeks $250,000. Case number 08-C-78 May 5 Adam Ferrell v. The Board of Education of Brooke County and Garretson Security and Investigations J- Wilson; PA- Steven M. Recht, Esq. * Ferrell, a student at Brooke High School, was attacked and beaten by William Dixon, a student with a documented history of violence. Because of a "no tolerance policy," students were unable to come to Ferrell's aid because of fear of suspension. No authorities were patrolling the hallway despite school policy. Ferrell seeks compensatory and punitive damages jointly and severally for an amount in excess of jurisdictional minimum, fees, and pre and post judgment. Case number: 08-C-87 May 15 Beverly Spudich as Administratrix of the Estate of Dustin Kelly v. Mastec North America, Inc., Monongahela Power Co., and Allegheny Energy Service Corp. J-Gaughan; PA- M. Eric Frankovitch * Kelly was employed by Mastec to work on electrical equipment and transmission lines in West Virginia. Kelly was working on the lines when an energized portion of the lines shocked him resulting in his death. Spudich believes this was a wrongful death and seeks judgment jointly and severally with all defendants and pre and post judgment. Case number: 08-C-92 May 27 George Sotraidis v. MetroMedia Restaurant Group and MetroMedia Steakhouses Co. d/b/a Ponderosa Steak House J-Wilson; PA- Walter A. Angelini * Sotraidis slipped and fell on an icy handicap ramp at Ponderosa. He fell injuring his right shoulder and head. Sotraidis seeks compensatory damages in excess of jurisdictional limits and pre and post judgment. Case number: 08-C-101

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