Mark I. Provus Revocable Trust v. Charles A. Mazaris
PA - Kenneth J. Barton Jr. and M. Dawn Alexander; J - Steptoe
* The plaintiff claims the defendant made a breach of contract and refused to return its money. On March 21, 2006, the Plaintiff and Defendant signed a Bill of Sale/Contract under which the Defendant agreed to sell 5 percent of this interest in Timber Ridge Properties, LLC to the Plaintiff for $100,000; on March 21, 2006, the Plaintiff paid the Defendant the sum of $100,000 and was obligated to refund the Plaintiff the entire sum under terms of the contract if the final plat of "The Ponds at Timber Ridge," a project undertaken by Timber Ridge Properties, LLC had not been completed one year from execution of the Bill of Sale/Contract on March 21, 2006. The final plat of The Ponds at Timber Ridge, which was to be located in Morgan County, was not completed by March 22, 2007; over a year from the date of the parties' execution of the Bill of Sale. And, according to the complaint, has not been completed as of the time of the filing of the complaint. The Plaintiff requested that the Defendant refund his investment in 2007, but the Defendant did not do so; on or about July 15, 2008; the Plaintiff requested again that the Defendant refund his $100,000 investment but the Defendant has not done so. Under the terms of the Bill of Sale, the Plaintiff was entitled to 5 percent of the net projected revenues of the Timber Ridge Properties and was entitled to have his investment paid off as lots sold, less expenses. The Defendant, is the managing member of Timber Ridge Properties, LLC, which was terminated on August 12, 2007 and no lots have been sold in The Ponds at Timber Ridge and the Defendant has recieved no payments for lots sold to apply towards his payment. The Plaintiff has four counts against the Defendent, including breach of contract, breach of duty and fair dealing and fraud. According to the complaint, the Defendant's refusal to abide by the terms of the Bill of Sale and return of the Plaintiff's investment is a willful and intentional act done taken with wanton disregard for the Plaintiff's rights. The Plaintiff is requesting the full amount of his $100,000 investment, punitive damages for fraud and failure to act in good faith as well as attorney costs and fees.
Case number 08-C-396
Elvira Doleman v. Karma Galloway
PA - Roger Ritchie, Jr. J - Steptoe
* On Sept. 7, 2007, Doleman was stopped in traffic on Prospect Avenue in Jefferson County when she was struck by Galloway. The Defendant was driving a car owned by Debbie Messenger when she caused her Ford Focus to collide with the rear of the Jeep Grand Cherokee operated by the Plaintiff. The Plaintiff claims that the Defendant was negligent in operating her vehicle, stating in the complaint that she was following too closely, failed to maintain proper lookout and failed to have her vehicle under proper and adequate control at the time. As a result, the Plaintiff has sustained serious and permanent injuries and has been unable to transact her business. The Plaintiff is requesting judgment against the Defendant in the amount of $65,000 as well as the costs expended in the complaint and a trial by jury.
Case number 08-C-416
Yvette Mikles v. Jefferson County Education Foundation, Inc. d/b/a Jefferson County Board of Education and Benny Hardy
PA – Mark Jenkinson J- Steptoe
* Mikles, was a passenger in a Jefferson County Board of Education vehicle being driven by Benny Hardy, an employee of Jefferson County Board of Education, on a public highway in Jefferson County. On December 2006, according to the complaint, Hardy was negligently operating a motor vehicle. As a direct and proximate result of the negligence, the Plaintiff suffered and will continue to suffer physical injuries, mental injuries, pan and suffering, emotional distress, loss of the enjoyment of life and pas, present and future medical and rehabilitation expenses and past, present and future loss of income and loss of the capacity to earn income. According to the complaint, the Plaintiff has currently incurred in excess of $18,500 in medical expenses as a proximate result of the negligence of the Defendant, Hardy, acting within the scope of his employment of the Defendant, Jefferson County Board of Education. The Plaintiff demands judgment of the Defendants for compensatory damages in excess of the jurisdictional limits of the Court plus court costs and fees.
Case number: 08-C-423