WEST VIRGINIA RECORD

April 27
Michael Rhodes and Barbara Rhodes vs. Curtis McLeod d/b/a Assurance Home Inspection, a West Virginia business
PA- Cameron S. McKinney, David L. Grubb; J- Louis Bloom
* On July 9, 2008, the plaintiffs contacted McLeod to conduct a home inspection and provide a home inspection report regarding a home in Charleston because they were contemplating on purchasing the home. The plaintiffs claim they purchased the defendant's services, which were accompanied by a warranty. McLeod assured the plaintiffs there were no significant concerns or safety issues with the home, but shortly after purchase, Mr. and Mrs. Rhodes claim they discovered and experienced repeated defects with the home. They are seeking compensatory and punitive damages and for the court to declare McLeod in violation of the West Virginia Consumer Credit and Protection Act.
Case number: 10-C-774

Michael Eugene Mounts vs. West Virginia American Water, a West Virginia corporation; Wayne Morgan, individually; and Gary Lohse, individually
PA- pro se; J- Charles King
* Mounts claims he has been experiencing water interruptions on a daily basis since Jan. 15, 2009. He claims since then he has continued to experience no or low water pressure on a daily basis for a period ranging from three hours to 18 hours. Morgan is the president of the WVAW and Lohse is the senior managing engineer of WVAW. Mounts claims other customers and residents of Arborland Acres have experienced the same water problems. Mounts is seeking compensatory and punitive damages.
Case number: 10-C-775

Judith Ann Latorre, executrix of the Estate of Glen E. Kitchen Jr. vs. 3M Company, A.K. Steel Corporation, A.W. Chesterton Company et al.
PA- Thomas P. Maroney, Victoria Antion; J- visiting judge
* Latorre claims the 65 defendants are responsible for Kitchen's mesothelioma and death. Kitchen was diagnosed with mesothelioma on Feb. 22 and died March 5. Latorre is seeking a jury trial to resolve all issues involved in the asbestos-related case.
Case number: 10-C-776

Donnie L. Merritt vs. Tire Centers, LLC; D.L. Peterson Trust; PHH Vehicle Management Services, LLC; PHH Vehicle Management Services Group, LLC; Wilmington Trust Company; and Richard Steven Ashworth
PA- James B. Lees Jr.; J- Carrie Webster
* On May 5, 2008, Merritt was walking in a pedestrian walking area of the Go-Mart Trust Stop on MacCorkle Avenue when Ashworth, who was employed by Tire Centers, struck him with his vehicle. Merritt is seeking compensatory damages.
Case number: 10-C-779

John Cosper, individually and as next friend and father of Logan Cosper, a minor vs. Terry B. Garrie and J.B. Hunt Transport, Inc., an Oklahoma corporation
PA- Eric M. Gordon; J- Louis Bloom
* On May 1, 2008, Billie Jo Cosper was operating a 2008 Honda Pilot owned by John Cosper on Interstate 77. Logan Cosper and John Cosper were passengers in the vehicle. John Cosper claims Garrie, who was employed by J.B. Hunt Transport, was operating a tractor trailer and struck the right side of the Cosper vehicle, injuring him and Logan Cosper. He is seeking compensatory damages.
Case number: 10-C-780

April 28
Phillip R. Frasher and Rita G. Frasher, his wife vs. Thomas R. Scott and CAMC Health System, Inc.
PA- Joseph K. Reeder; J- Charles King
* On Aug. 4, 2009, Mr. Frasher was operating a vehicle on Lee Street when Scott, who was employed by CAMC Health System, struck Mr. Frasher's vehicle, causing injury. The Frashers are seeking compensatory damages.
Case number: 10-C-781

Karen Barr vs. Robert Runion and City of Charleston, a West Virginia municipality
PA- Brent K. Kesner, Kevin C. Harris, Eric J. Holmes; J- Carrie Webster
* On Oct. 6, 2008, Barr was operating her 2008 Ford Escape in a parking lot in Charleston when Runion, who was operating a 2008 GMC Sierra owned by the City of Charleston, backed up improperly from a parking space and struck Barr's vehicle. Barr claims the accident caused her to suffer severe and permanent injuries. She is seeking compensatory damages.
Case number: 10-C-782

Richard Lee Hill vs. State of West Virginia
PA- James J. Palmer III; J- Louis Bloom
* On March 28, 2008, Trooper C.N. Workman was searching for Clarence Hill, Richard Lee Hill's brother, who had escaped the attempted arrest and apprehension by McDowell County Sheriff's Deputy Lyle Noe. Richard Lee Hill claims he encountered Workman, who began to arrest him, thinking he was Clarence Hill, and despite being advised by several witnesses that he was arresting the wrong person, continued the arrest. Richard Lee Hill claims he inflicted significant facial and wrist injuries and used excessive force. Richard Lee Hill is seeking compensatory and punitive damages.
Case number: 10-C-785

The Estate of John Anthony Tyburski Jr., by Reba Walls, Administratrix vs. Charleston Area Medical Center, Inc., a West Virginia corporation; New Century Emergency Physicians of West Virginia, Inc., a West Virginia corporation; and John S. Bodkin III, D.O., an individual
PA- Marvin W. Masters; J- Charles King
* On March 26, 2008, the defendants deviated from the applicable standard of care and were negligent in regard to the care of Tyburski, according to the suit. Walls claims the defendants failed to timely and adequately assess Tyburski's condition, among other things. Walls is seeking compensatory and punitive damages.
Case number: 10-C-786

Johnny Midkiff d/b/a Midkiff Construction vs. MG&P Development, a Tennessee company; Walgreen Co., an Illinois corporation; and Asphalt Contractor's & Site Work, Inc., a West Virginia corporation
PA- Mark K. Prim; J- Paul Zakaib Jr.
* Midkiff was a subcontractor for Asphalt Contract's & Site Work. He claims he agreed to perform certain construction work and provide certain materials, supplies and equipment to a construction project, but after the work was completed, the defendants refused to pay him. Midkiff is seeking damages in the amount of $10,862.50.
Case number: 10-C-787

April 29
William F. Stump and Charity A. Stump vs. Bac Home Loans Servicing, LP, f/k/a Countrywide Home Loans, LP; John Doe Holder; and Lori A. Noble
PA- Jennifer S. Wagner, Daniel F. Hedges; J- Jennifer Bailey
* The Stumps sought to purchase a home in 2007 and Countrywide produced them with a letter that they were approved for a loan up to $45,000 with 8.25 percent interest. After they found a home, Countrywide issued a loan for $34,000 with an interest rate of 9.5 percent, according to the suit. The Stumps claim Countrywide told them their loan payments would be $280 per month, but at the closing they learned the payments would be $466 per month. The Stumps claim the house had many structural problems, rats, termites and mold, among other things. They are seeking actual damages and civil penalties.
Case number: 10-C-792

Jon Cormany, individually and on behalf of a class of all persons and entities similarly situated vs. Nova Rubber Company, LLC
PA- Brett J. Preston; J- Louis Bloom
* Cormany claims on numerous occasions over an extended period of time he has received unsolicited junk fax transmissions from Nova Rubber Company. He claims the faxes were sent without first obtaining his express consent and that he requested the defendant to cease the faxes, but that it continued to send them as part of its illegal marketing campaign. Nova Rubber Company is in violation of the Telephone Consumer Protection Act, according to the suit. Cormany is seeking for the defendant to be restrained from engaging in future telemarketing via facsimile.
Case number: 10-C-793

April 30
Grigoraci, Paterno & Associates vs. Law Offices of John R. Mitchell Jr., L.C.
PA- Donald L. Stennett, Paul G. Papadopoulos; J- Charles King
* The plaintiff provided quarterly accounting services for the defendant, including preparation of quarterly tax returns and reports, among other things, during the period of Jan. 16, 2006, to July 31, 2007. The plaintiff claims the defendant owes $18,900 for services and a late payment charge of 1 percent per month and has refused to pay. The plaintiff is seeking damage in the amount of $18,900, plus the late payment charge of 1 percent per month and pre- and post-judgment interest.
Case number: 10-C-802

J.D., by his next friend and guardian, Martin Douglas vs. Kanawha County Board of Education and Stephen Pritchard, as an agent and employee of Kanawha County Board of Education
PA- Christopher J. Heavens; J- Louis Bloom
* On Nov. 20, 2009, J.D. was attending his physical education class when Pritchard allowed ten to 15 students to go out on the tennis courts and play football, according to the suit. J.D. claims he was knocked down and sustained severe injuries and that the other students had to leave him to go find Pritchard. The Board of Education required teachers to provide a safe environment for students and Pritchard had a duty to supervise the students, according to the suit. J.D. claims the defendants failed to provide him with a safe environment. He is seeking compensatory and punitive damages.
Case number: 10-C-804