WEST VIRGINIA RECORD

June 13
Hudson and Keyse, LLC, assignee of Citibank, N.A. vs. Ted A. Elswick-Erickson
PA- Ryan S. Marsteller; J- Wilson
* Hudson and Keyse, LLC, alleges debt and unjust enrichment on the count of Elswick-Erickson. They seek $14,876.87 plus pre- and post-judgment interest.
Case number: 08-C-244

West Virginia University Hospitals, Inc. vs. Leroy E. Richards
PA- Edward L. Harman, Jr.; J- Recht
* Richards owes West Virginia University Hospitals, Inc., a debt of $36,478.70 for services rendered. West Virginia University Hospitals, Inc., seeks that amount plus 8.25% interest.

June 16
John Klay vs. AXA Equitable Life Insurance Company
PA- Melanie Morgan Norris; J- Wilson
* Klay alleges that AXA Equitable Life Insurance Company failed to insure a disability claim he filed when he, a cardiothoracic and vascular surgeon, became completely physically disabled. Klay seeks declaratory judgment and alleges a breach of contract, violation of the covenant of good faith and fair dealing and violation of the Unfair Claims Settlement and Practices Act. He seeks compensatory and punitive damages.
Case number: 08-C-246

June 17
Lola M. Standifer vs. The Kroger Company
PA- Eric M. Gordon; J- Wilson
* Standifer claims that she fell on a rug while shopping as a customer at The Kroger Company causing her to suffer serious shoulder injuries and incur medical expenses and emotional distress. She alleges negligence on the part of the defendant and seeks compensatory damages.
Case number: 08-C-248

June 18
Trena Wolfe and Gregg Wolfe, et al. vs. J.C. Penney Company, Inc.
PA- Frank X. Duff; J- Wilson
* The plaintiffs claim that they slipped and fell on the floor while shopping as customers at J.C. Penney Company, Inc. They allege negligence on the part of the defendant and loss of consortium. They seek damages not to be in excess of $75,000.00.
Case number: 08-C-249

June 23
John S. White and Tina M. White vs. Nissan North America, Inc., and Albert Nissan, LLC d/b/a Wheeling Nissan
PA- Gerald E. Lofstead; J- Mazzone
* The plaintiffs claim that the defendant performed multiple vehicle repairs for them all ending with unsolved issues. They allege negligence and breach of contract, among other charges, and seek $27,160.54 for the loss of the vehicle, $7,043.00 for other expenses incurred, and relief for other damages deemed reasonable.
Case number: 08-C-256

Jocelyn Noel, Administrator of the Estate of Ricky Lynn Noel vs. Glen C. Smiddy and RMLL Enterprise, Inc. d/b/a Jill's Lounge
PA- Anthony I. Werner; J- Recht
* Jocelyn Noel claims that Ricky Lynn Noel, who died after a fight outside of Jill's Lounge, suffered as a result of negligence on the count of the defendants. She seeks $83,000.00 for medical expenses incurred and $12,000.00 for funeral expenses.
Case number: 08-C-257

June 24
JP Morgan Chase Bank, N.A. vs. Minority Aviation Education Association, Darryl L Baynes, and Linda L. Baynes
PA- Jonathan Nicol; J- Gaughen
* The defendants owe JP Morgan Chase Bank, N.A., $181,509.63 on a past due account. JP Morgan Chase Bank, N.A., seeks that amount, including interest and late fees, plus other relief deemed reasonable.
Case number: 08-C-258

Arvindbha N. Patel and Bharati A. Patel vs. Seachrist, Kennon & Marling, A.C.
PA- Frederick E. Gardner; J- Wilson
* The plaintiffs claim that Seachrist, Kennon & Marling, A.C., exhibited negligence by failing to advise Nalini, LLC, the plaintiffs' organization, to file taxes, causing them damages including the dissolution of the organization by the office of the West Virginia Secretary of State. They seek the cost of collection, court costs, and other damages.
Case number: 08-C-259

Dwayne Cooper d/b/a Dwayne Cooper Enterprises, Inc. vs. A.C.J. Electrics
PA- M. Eric Frankovitch; J- Wilson
* Cooper alleges a breach of contract, unjust enrichment, fraud, and misrepresentation after A.C.J. Electric's failure to make payments and provide aforesaid services for the plaintiff's company. He seeks damages.
Case number: 08-C-260

Anthony Wallace vs. Carolla Ventures, Inc. d/b/a Perkins Restaurant
PA- Frank X. Duff; J- Wilson
* Wallace claims that his employment was terminated with Carolla Ventures, Inc., and afterwards he did not receive his final paycheck, a violation of the West Virginia Wage Payment and Collection Act. He seeks declaratory judgment and damages.
Case number: 08-C-261

Paula Jo Thomas vs. Paul and David Monteleona d/b/a Ohio Valley Awards and S.L. Martin and Company, Inc., c/o Sean Martin
PA- James G. Bordas, III; J- Gaughen
* Thomas claims he fell and slipped on the floor while shopping as a customer of the defendant's company. He suffered injuries and emotional distress and seeks compensatory damages, court costs, and other relief.
Case number: 08-C-262

June 26
David L. Boring, Jr., Deceased, and Mark Boring, Administratior of David Boring's Estate vs. The City of Wheeling
PA- pro se; J- Wilson
* Mark Boring claims that David L. Boring's death occurred when he walked along a Wheeling Creek bridge that was in deplorable and unsafe condition. He fell and slipped off the bridge causing his death. Boring alleges wrongful death and negligence on the part of the City of Wheeling and seeks compensatory, general, and punitive damages.
Case number: 08-C-263

June 30
Cathy A. Blasczienski and Michael F. Blasczienski vs. Cabelas Wholesale, Inc. f/k/a Cabelas Retail, Inc.
PA- John L. Bremer; J- Mazzone
* The plaintiffs claim that they fell on a piece of debris in the defendant's store causing them physical injuries and emotional anguish. They allege negligence and carelessness on the part of the defendants and seek damages.
Case number: 08-C-266

July 2

Ford Motor Credit Company, LLC vs. Dennis H. Heiney
PA- Andrea K. Reynolds; J- Gaughen
* Heiney owes Ford Motor Credit Company, LLC, $10,405.36 on a past due account. Ford Motor Credit Company, LLC, seeks that amount plus 16.75 percent interest.
Case number; )8-C-267

July 3
Thomas Beveridge vs. Mylan Pharmaceuticals, Inc., and Actavis Totowa, LLC, et al.
PA- Teresa C. Toriseva; J- Wilson
* Beveridge claims he was prescribed the drug Digitek, also known as Digoxin, which caused him bodily harm and injuries upon its use. He claims it was a defective product released as a result of the defendants' negligence and carelessness. He seeks damages for all injuries and costs incurred and other relief.
Case number: 08-C-273