CIVIL FILINGS: Boone County
Harmon Marks Oct. 22, 2010, 2:05am
Seth Bunting, a minor child by his parent, guardian and next friend, Michael
PA- Matthew M. Hatfield; J- William S. Thompson
* Petitions for permission to settle a personal injury claim. Petition says the 12-year-old was at the Danville home of his grandfather when the man's dog bit the boy on the left side of his face. Michael Bunting seeks Court approval of a $25,000 settlement with the Municipal Mutual Insurance Co. Judge Thompson scheduled an Oct. 25 hearing on the matter.
Case number: 10-C-219
JV Services & Groups Health Care Plan vs. Cecil R. Cook
PA- Robert J. Hannen; J- Thompson
* Complaint says Cook breached his health care plan contract with the Danville corporation following medical payments in excess of $65,000 after he suffered personal injuries in July 2006. Cook pursued an injury claim against a third party, according to the complaint, and it's believed he received a monetary recovery. Plaintiff says it is entitled to be reimbursed "for medical payments made on behalf of Cecil R. Cook for which he obtained a recovery against the third party." JV Services also seeks its court costs and attorney fees.
Case number: 10-C-220
Phillip D. & Angela Morgan vs. Frasure Creek Mining, LLC, dba Trinity Coal Co.
PA- J. Ryan Stewart; J- Thompson
* Morgan was employed by Frasure Creek as a diesel mechanic at Surface Mine No. 7 near Van. His job required fueling a diesel truck described as having a ladder attached in the back which led up to the fuel tank. Morgan says he and co-workers reported that the fuel servicing ladder on the subject truck "was bent, unsafe and needed repaired and/or replaced." According to the complaint, Defendant directed Morgan in January 2009 "to climb the unsafe ladder to fuel the subject truck," and when descending, because of the condition of the ladder, he fell several feet injuring his shoulder, rotator cuff and lower back. The coal company is accused of exposing Morgan to unsafe working conditions and he demands jury judgment for compensatory damages, litigation costs, and pre- and post-judgment interest.
Case number: 10-C-221
Citibank South Dakota, N.A. vs. Matthew D. Plantz
PA- Steven B. Mulrooney; J- Thompson
* Citibank wants to collect a contracted debt for more than $28,000, plus accruing interest.
Case number: 10-C-222
BB&T Financial FSB vs. Kristle Green & Nicholas S. Green
PA- Christopher R. Moore; J- Thompson
* Bank says there is a deficiency balance of almost $12,000 owed on an April 2007 contract and security agreement for a 2007 Chrysler Town & Country vehicle. The Greens defaulted and the vehicle, as security for the contract, was repossessed and sold. Along with the deficiency balance, BB&T says it is owed "contractual interest at the rate of 7 per centum per annum from the date of 4/8/10."
Case number: 10-C-229
Bobbi A. Adkins vs. Edith & Clifford Robinson
PA- pro se; J- Thompson
* Plaintiffs notarized statement asks Court to have her 2006 Jeep Cherokee returned from Mason County. Adkins says she has title to the vehicle valued at $13,000 and the Putnam County Defendants unlawfully had a towing company remove it from Danville.
Case number: 10-C-230
Jane Barker, Karen Reeves & Larry Reeves v. Appalachian Power Co., dba American Electric Power & AEP Appalachian Power; AEP Transmission Co. LLC, and AEP West Virginia Transmission Co., Inc., a subsidiary of AEP Transmission Co. LLC
PA- Jamie F. Little; J- Thompson
* The Reeves were tenants in a manufactured home situated in Madison owned by Barker in September 2009 when power lines fell onto the dwelling and also struck the couple's vehicle. A tree some 60 feet tall, according to the complaint, fell on the power lines causing them to fall. Saying the "Defendants had not maintained the rights of way in the vicinity of Plaintiffs' residence for at least a five-year period..." they were liable through negligence for damages to the dwelling and vehicle. Plaintiffs seek jury awards for past and future economic damages, annoyance and inconvenience, litigation costs, pre- and post-judgment interest, plus any other relief to which they are entitled.
Case number: 10-C-231
Kathy L. & Donald J. Slone vs. Jodi Shamblin, Jessie L. Shamblin & Sandra G. Shamblin
PA- Robert P. Lorea; J- Thompson
* Slone's personal injury suit stems from a head-on vehicle collision last April on W.Va. Route 94 in Boone County. Complaint says Jodi Shamblin was driving her parents' Jeep Liberty north on two-lane W.Va. 94, veered off the right side of the road, attempted to correct her course and went into the southbound lane causing the collision with Slone's Ford Taurus. Kathy Sloan was air-lifted to a Charleston hospital, where she required multiple surgeries and an extensive admission, then ongoing home care and physical therapy. The suit says Jodie Shamblin had a history of drug/alcohol abuse. Slones say Judi Shamblin's negligence and her parents' "neglect entrustment" are grounds for jury awards for actual, consequential, incidental and all other compensatory damages, as well as punitive damages and litigation costs.
Case number: 10-C-235