CIVIL FILINGS: Boone County
Jana Tudor vs. United Healthcare Services Inc.; Care Solutions, Inc., & Melinda
PA- Mark A. Atkinson; J- William S. Thompson
* Tudor says her employer and supervisor discriminated and retaliated against her because she attempted to receive Workers' Compensation benefits in 2009. Employed about a year, she claims she was terminated willfully and maliciously in violation of the West Virginia Human Rights Act and seeks jury damages for lost wages and benefits, back and front pay; indignity, embarrassment and humiliation, punitive damages to be determined, prejudgment interest, litigation costs, plus whatever additional relief deemed just and equitable.
Case number: 11-C-51
Stone Street Capital, LLC for Mearlene Thompson
PA- Robert L. Bandy; J- Thompson
* Stone Street petitions for approval of Transfer of Structured Settlement Payment Rights. The Foster resident desires to sell a portion of her periodic settlement payments in return for lump sum of more than $58,200 to pay off some of her debt. Hearing on Petition scheduled April 12.
Case number: 11-C-52
Spartan Mining Co., Massey Coal Services, Inc., and Massey Energy Co. vs. Mate Creek Trucking, Inc., Colonial National Insurance Co.
PA- Brian J. Warner; J- Thompson
* Coal companies reference an underlying civil action filed in Logan County Circuit Court concerning a September 2008 accident in which Reece Hammond alleges injury while operating equipment at Spartan's Hatfield Energy Mine. Suit says Hammond was "a borrowed servant" of Mate Creek Trucking at the time in accordance with a Hauling and Delivery Agreement with Spartan. Coal companies want "a declaration of legal rights and responsibilities under (1) a Hauling and Delivery Agreement and (2) an insurance policy at issue in the underlying Civil Action." They say Defendants have responsibility to "indemnify, defend, and hold harmless Owner against any and all Losses resulting from the use, misuse, or failure of such equipment..."
Case number: 11-C-56
Charles D. & Phoebe S. Rakes vs. Dennis L. Cook Sr. and State Farm Mutual Automobile Insurance Co.
PA- Michael E. Froble; J- Thompson
* Personal injury suit describes vehicular accident on W.Va. 99, Bald Knob Road, in March 2009, saying Cook's truck struck the Roanoke couple's car head on; Charles Rakes was driving, wife Phoebe his passenger. They complain Cook's "acts or omissions" caused Ms Rakes' medical expenses of more than $15,800, including lingering pain, suffering and permanent injuries. Rakeses seek jury judgment for not less than $50,000, or such amount Court deems justified.
Case number: 11-C-58