CIVIL FILINGS: Boone County
Harmon Marks Mar. 23, 2012, 2:05am
Vanderbilt Mortgage and Finance, Inc., Power of Attorney for Conseco Finance Servicing Corp. vs. Perry R. Osborne II
PA- Marc B. Lazenby; J- William S. Thompson
* Complaint says Osborne defaulted on his Manufactured Home Retail Installment Contract and Security Agreement dated July 2002 for $24,107 and seeks repossession of unit.
Case number: 12-C-15
Government Employees Insurance Co., as Subrogee of Randy E. Conley vs. Kenneth L. Smith and Teresa Dearfield
PA- Andrew N. Frye III; J- Thompson
* Insurance company seeks damages, jointly and severally, of $10,782 with statutory interest, plus court costs. Plaintiff says Smith operated vehicle owned by Dearfield in negligent manner causing April 2011 accident at Ashford and damages to Conley's property. Complaint says Dearfield "wrongfully and/or negligently entrusted the motor vehicle to an incompetent and uninsured driver ..."
Case number: 12-C-27
Gary Mullins vs. Patriot Coal Corp. and B & M Repair, Inc.
PA- Frank Venezia, Brian L. Ooten; J- Thompson
* Mullins was employed by B & M, whose largest customer is Patriot Coal. B & M repairs and sells industrial pumps used in mines. Over the years, Mullins filed complaints against Patriot and subsidiary Apogee Coal Co. accusing them of damaging his water supply, causing excessive dust and structural damage to his Yolyn residence in Logan County. Mullins relates he requested an informal conference May 2011 with West Virginia Department of Environmental Protection "to discuss a permit renewal application filed by Apogee." Following that request, Mullins complains the vice president of B & M advised him he was terminated "because of his ongoing dispute with Patriot Coal," and he "believes that defendant Patriot informed B & M that, if it refused (his firing), B & M would lose defendant Patriot's business." Mullins alleges "unlawful civil conspiracy" in retaliation for his participation in promoting public environmental policy. He seeks jury awards of compensatory, punitive and general damages, lost wages and benefits, pre-judgment interest on all amounts claimed, litigation expenses and such further relief deemed appropriate.
Case number: 12-C-29
Mike & Connie Albright vs. Christopher Riffe
PA- Timothy R. Conaway; J- Thompson
* Albrights own property on Six Mile Road they say had to be accessed by a bridge. They accuse Riffe of recklessly and negligently driving a vehicle into that bridge and destroying it, and want jury award of damages in an amount established by the trier of facts, plus litigation costs.
Case number: 12-C-30
Kenneth & Rose Craddock vs. Mine Safety Appliances Co., Inc.; Persinger Supply Co., Raleigh Mine & Industrial Supply, Inc., and Eastern States Mine Supply Co.
PA- G.Todd Houck; J- Thompson
* Defendants manufactured and marketed "defective and unsafe respirators" Craddock used during his 31 years as a coal miner, which caused him to develop so-called black lung disease. "The MSA respirators used by Mr. Craddock leaked substantial amounts of harmful dust into his breathing zone," according to complaint. Craddocks demand jury trial and judgments, jointly and severally, for compensatory damages, punitive damages against MSA only, costs of litigation, pre- and post-judgment interest and all further relief they're entitled to. Mrs. Craddock asserts loss of consortium.
Case number: 12-C-31
Key Equipment Finance Corp. vs. Ira W. Rash fdba Acme-Ventures Co., LLC
PA- Paul S. Atkins; J- Thompson
* Chicago area finance firm wants to collect more than $56,000 it says Peytona company owes on a loan and security agreement for $99,625 dated in January 2009 to purchase a 2007 model Kenworth Tractor.
Case number: 12-C-36
Roger & Linda Barker vs. Xinergy of West Virginia, Inc.; JMP Coal Holdings, LLC; Raven Crest Mining, LLC; Raven Crest Contracting, LLC; Steven R. Mullins Excavating, Inc.; Virginia Explosives & Drilling Co., Inc., and Virginia Drilling Co., LLC
PA- John H. Skaggs, G. Patrick Jacobs; J- Thompson
* Barkers seek jury judgment in an amount to be determined and other compensation, saying defendants are liable for damages to their Cost residence resulting from bedrock blasting started in June 2007 in their area and continuing in the mining of coal. They want pre- and post-judgment interest, court expenses and further relief deemed proper.
Case number: 12-C-39
Ira Steele vs. Xinergy of West Virginia, Inc. et al
PA- Skaggs, Jacobs; J- Thompson
* Complaint styled same as 12-C-39 above involving Steele's property on Peytona-Costa Road.
Case number: 12-C-40
Debra A. Barker vs. Xinergy of West Virginia, Inc. et al
PA- Skaggs, Jacobs; J- Thompson
* Resident of Costa brings complaint styled same as above two cases.
Case number: 12-C-41