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WEST VIRGINIA RECORD

Thursday, March 28, 2024

CIVIL FILINGS: Kanawha County

March 18
Norris Gene Keeling vs. A.W. Chesterton Company; Buffalo Pumps, Inc.; Cleaver-Brooks Company, Inc.; et al.
PA- Victoria Antion, Cindy J. Kiblinger; J- visiting judge
* Keeling claims the 25 defendants caused his lung cancer. He claims the defendants breached expressed/implied warranties and were negligent in contaminating buildings with asbestos. He is seeking a trial by jury to resolve all issues in his asbestos-related case.
Case number: 10-C-519

Russell Lee Messer and Melvina Messer vs. 3M Company; A.W. Chesterton Company; Beazer East, Inc.; et al.
PA- Victoria Antion, Cindy J. Kiblinger; J- visiting judge
* The Messers claim the 26 defendants caused Mr. Messer's asbestosis, of which he was diagnosed with on Oct. 9, 2008. The Messers are seeking a trial by jury to resolve all issues in the asbestos-related case.
Case number: 10-C-520

Debra L. Church and Carol J. Boyd, Co-executrix's of the Estate of Nelson Eugene Walker vs. 3M Company, A.K. Steel Corporation, Ajax Magnethermic Corporation, et al.
PA- Victoria Antion, Cindy J. Kiblinger; J- visiting judge
* The women claim the 61 defendants are responsible for Walker's lung cancer and death on July 31, 2009. They are seeking a trial by jury to resolve all issues in the asbestos-related case.
Case number: 10-C-521

Robert Wesley Gill and Beula Gill vs. 3M Company, Aurora Pump Company, A.W. Chesterton Company, et al.
PA- Victoria Antion, Cindy J. Kiblinger; J- visiting judge
* Mr. Gill was diagnosed with lung cancer on July 18, 2008. The Gills claim the 39 defendants are responsible for Mr. Gill's lung cancer. They are seeking a trial by jury to resolve all issues in the asbestos-related case.
Case number: 10-C-522

Ruth Daily, Administratrix of the Estate of Owens Lee McDade vs. A.W. Chesterton Company, Ajax Magnethermic Corporation, Aurora Pump Company, et al.
PA- Victoria Antion, Cindy J. Kiblinger; J- visiting judge
* Dailey claims the 58 defendants are responsible for McDade's lung cancer and death on March 22, 2008. She is seeking a trial by jury to resolve all issues in the asbestos-related case.
Case number: 10-C-523

Shanda D. Dailey vs. Nissan North America, Inc., a California corporation
PA- Mary Downey; J- Carrie Webster
* On Aug. 2, 2007, Dailey and C&O Motors entered into a consumer credit transaction for the purchase of a new 2007 Nissan Quest. Dailey claims later she discovered defects in the vehicle and returned it to the dealership on at least three occasions for repair. She claims the defendant failed to repair the defective condition of the vehicle. She is seeking for acceptance of the vehicle to be revoked and her money to be returned to her.
Case number: 10-C-524

Dean Smith Sr., by his power of attorney, Dwayne Smith vs. JPMorgan Chase Bank, N.A. d/b/a Chase Bank USA, N.A.; Chase Home Finance, LLC; Birchenough Mortgage Services, Inc. f/k/a/ Barrow & Birchenough Loan Services, Inc.; and Erie Insurance Property & Casualty Co.
PA- Jennifer S. Wagner, Daniel F. Hedges; J- Charles King
* Dean Smith claims when his wife died in 2006, bills for hospital and funeral expenses began piling up, and in early 2007 his local bank referred him to Birchenough Mortgage Services. Dean Smith claims the defendants told him at the loan closing he could pick up papers a few days later. He claims the papers were in an envelope marked "to be picked up on or after Tues., 11 July," but the envelope contained a notice of right to cancel notice that expired July 9, 2007, two days before he obtained the papers. He is seeking actual damages and civil penalties of $4,400 for each violation.
Case number: 10-C-528

Paul D. Ellis and Sandra L. Ellis vs. JPMorgan Chase Bank, N.A., f/k/a Chase Bank, N.A.; Chase Home Finance, LLC; and John Doe Holder
PA- Bren J. Pomponio, Daniel F. Hedges; J- James C. Stucky
* The Ellis' refinanced their home in December 2007. The loan was for $91,700, with monthly installments of $831.97. In March 2008, Mr. Ellis suffered a stroke and became disabled, which significantly changed the Ellis' income, according to the suit. The Ellis' claim they contacted Chase Bank in February 2009 about a possible loan modification and in September Chase instructed them to not make further payments on the loan while it processed the loan modification application. In January 2010 Chase informed the Ellis' their loan modification request had been denied in May 2009. They are seeking actual damages and civil penalties of $4,000.
Case number: 10-C-529

March 19
Rochelle Himon vs. the Kroger Co., an Ohio corporation
PA- Bruce L. Freeman; J- Jennifer Bailey
* On Dec. 24, 2009, Himon was shopping for merchandise at the Kroger store in Charleston when she encountered a foreign substance or wet floor which was not properly cleaned or posted as hazardous and fell. She claims the defendant knew or should have known of the dangerous condition. She is seeking compensatory damages.
Case number: 10-C-533

Mary Johnson vs. Gabriel Brothers, Inc.
PA- Scott H. Kaminski; J- Charles King
* On June 28, 2008, Johnson slipped and fell inside the defendant's store near the cash registers where water had accumulated in a puddle. Johnson claims the puddle of water was not readily vision to her, despite her exercise of due care, and was a hazardous condition which the defendant knew or should have known existed, but failed to remedy. She is seeking compensatory damages.
Case number: 10-C-534

Kevin Francis and Susan Francis, his wife vs. Airco Welding Products; Airgas Mid-America, Inc.; American Electric Power Service Corporation; et al.
PA- David P. Chervenick, Bruce E. Mattock, Leif J. Ocheltree, Scott S. Segal; J- Jennifer Bailey
* The Marietta, Ohio, couple claims Mr. Francis worked as a welder out of Marietta Pipefitters Local 168 and was exposed to various chemicals and heavy metals throughout the course of his employment at various industrial facilities. Mr. Francis suffered from pulmonary fibrosis and emphysema. The Francis' claim the 68 defendants were negligent in producing, supplying, and/or selling, and/or using, and/or specifying products containing chemicals, heavy metals and other dangerous ingredients. The Francis' are seeking compensatory and punitive damages.
Case number: 10-C-537

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