WEST VIRGINIA RECORD

Oct. 9
George Thomas Marshall vs. David L. Bias and Tammy L. Bias
PA- Andrew H. Miller; J- David M. Pancake
* On June 24, 2008, David and Tammy Bias signed a note promising to pay Miller $527,000 with interest from Feb. 1, 2009, at a rate of 5 percent per annum, according to the complaint. Miller claims on April 20 the Biases paid $23,818.65 to the West Virginia State Auditor to redeem the real estate encumbered by the deed of trust and defaulted on the note signed by them to Miller. Miller claims the Biases still owe him $16,967.07. He is suing for this amount, plus interest.
Case number: 09-C-821

Oct. 13
Sonia Wellman vs. Applebee's Restaurants Mid-Atlantic LLC d/b/a Applebee's Neighborhood Bar & Grill
PA- William L. Mundy J- David M. Pancake
* On Jan. 25, 2008, Wellman was at Applebee's when she slipped and fell, causing injury. Wellman claims Applebee's had a duty of care to keep the premises at a reasonably safe condition, so as to keep customers out of danger. According to the suit, Wellman suffered a distal radial fracture. Wellman also claims that Applebee's was careless and negligent and caused her to suffer injuries and damages. She claims they have caused her physical and mental pain and suffering; and permanent injury to her body. She is suing for $57,456.52 in medical expenses.
Case number 09-C-825

New Jersey Manufacturers Insurance Company vs. United Services Automobile Association
PA- David A. Mohler; J- F. Jane Hustead
* On Oct. 13, 2007, Faith C. Leiser was pulled into the path of oncoming traffic by Logan Evans. According to the suit, Leiser was intoxicated and unable to walk very well on her own. Leiser claims Evans stopped in time, but let her stumble and fall into the path of a vehicle driven by Bryan Adkins. Leiser claims to have suffered physical injuries, including fractures to her pelvis. According to the suit, Evans was negligent because he assumed duty and was negligent in this duty. The insurance company is suing USAA for $178,733, plus interest.
Case number: 09-C-826

Oct. 14
Lorenna Hankins vs. Mitchell E. Nutt, M.D.
PA- Paul T. Farrell Jr.; J- David M. Pancake
* Nutt performed surgery on Hankins on Dec. 4, 2006, during which he performed a hysterectomy, salpingo-oophorectomy, closure of a vaginal enterocele, anterior and posterior colporrhaphy, paravaginal repair and sacrospinous colpo-fixation. Since the surgery, Hankins claims to have suffered significant mental and physical pain and suffering; has sustained permanent injury; permanent and substantial physical deformity; loss of a bodily organ system; and has undergone and will likely undergo future corrective surgeries. Hankins is suing for compensatory and punitive damages for negligence and battery.
Case number: 09-C-828

Connie DeVore and Carroll DeVore vs. Mitchell E. Nutt, M.D.
PA- Paul T. Farrell Jr.; J- F. Jane Hustead
* Nutt performed surgery on Connie DeVore in Oct. 22, 2007, during which he performed a hysterectomy, salpingo-oophorectomy, closure of a vaginal enterocele, anterior and posterior colporrhaphy, paravaginal repair and sacrospinous colpo-suspension. Since the surgery, Mrs. DeVore claims to have experienced significant mental and physical pain and suffering; has sustained permanent injury; permanent and substantial physical deformity; loss of a bodily organ system; and has undergone and will likely undergo future corrective surgeries. She is also claiming to have impaired physical relations with her husband. The DeVores are suing for compensatory and punitive damages for negligence, battery and loss of consortium.
Case number: 09-C-829

Oct. 15
Steele Construction, Inc. vs. Dennis R. Johnson II, Chris Porter and Mountaineer Timber Frames, LLC
PA- Shawn R. Romano; J- F. Jane Hustead
* Steele Construction, Inc. claims Mountaineer Timber Frames, Johnson and Porter breached their contract with the company by refusing to make payments. They owe Steele Construction $30,876.13, according to the suit. Steele Construction delivered and furnished work and materials to the defendants between Aug. 7 and Sept. 2, 2009, according to the suit. They are suing for compensatory damages and the $30,876.13 owed to them.
Case number: 09-C-835

Wagan, LLC d/b/a Thermocore Panel Systems vs. Dennis R. Johnson II, Chris Porter and Mountaineer Timber Frames, LLC
PA- Shawn R. Romano; J-David M. Pancake
* Wagan claims Mountaineer Timber Frames, Johnson and Porter breached their contract with the company by refusing to make payments in the amount of $31,343.75. According to the suit, Wagan delivered and furnished materials for the defendants in July 2009, and has yet to receive payment. Wagan is suing for compensatory damages and the $31,343.75 owed to them.
Case number: 09-C-836