WEST VIRGINIA RECORD

Jan. 21
Theresa Hickman vs. Jason Fortesque, as Administrator of the Estate of Valerie Lynn Hickman-Fortesque
PA- Teresa C. Toriseva; J- Wilson
* The plaintiff's daughter, Valarie Hickman-Fortesque was killed on Nov. 1, 2010, when the vehicle in which she was a passenger was involved in a collision that resulted in severe injuries, and death, to both Valarie and a co-worker who was driving. Upon information and belief, Jason Fortesque owed a debt for attorney's fees related to the divorce from decedent. A delinquency amount of $1,500 is owed to Child Support Enforcement. The decedent was awarded the marital home in the divorce. Plaintiff requests the Court enter a judgment to set an evidentiary hearing regarding the allegations contained in McClure v. Dotson-McClure, 184 W.Va. 649; 403 S.E. 2d 197; 1991 W.Va. LEXIS 21.
Case number: 11-C-28

Jan. 26
Elm Terrace Shopping Center LLC vs. Yorkville Hardware Inc., Kathie H. Brown and Richard S. Brown Jr.
PA- Jennifer B. Hagedorn; J- Recht
* Defendants agreed to make payments of $250 to plaintiff every two weeks to pay the outstanding balance on a promissory note. The note was executed on Oct. 3, 2008, in favor of Elm Terrace for $16,560.87, with $950 in legal fees. Elm Terrace seeks $17,787.92 plus interest and fees.
Case number: 11-C-30

Jan. 31
Delaware North Companies Inc. vs. John C. Horn II
PA- Jeffrey W. McCamic; J- Wilson
* On June 1, 2007, defendant entered into an Associate Repayment Agreement with plaintiff. The sum of $9,472.12 is owed under agreement and this amount is demanded by judgment.
Case number: 11-C-33

Jessica Anne Kelly and Kenneth L. Kelly, Jr., her husband, and Alexis Elaine Kelly, a minor who sues by and through her mother and next friend, Jessica Anne Kelly vs. Nationwide Mutual Insurance Company and Travelers Property Casualty Company of America
PA- James G. Bordas III; J- Wilson
* At the time of the crash on Feb. 2, 2009, the tortfeasor, Melina Beck, was an underinsured motorist. The plaintiffs have recovered $15,000 from the tortfeasor, representing the full amount of liability coverage available. Nationwide's policy provided underinsured coverage to the plaintiff in the amount of $20,000 per person. The plaintiffs allege they are covered under the Traveler's policy and demand judgment against them.
Case number: 11-C-34