CIVIL FILINGS: Boone County
Harmon Marks May. 25, 2012, 2:00am
Judy Larck, Individually and on behalf of the Wrongful Death Beneficiaries of Peggy Akers vs. Advocate, Inc.
PA- James B. McHugh, Michael J. Fuller Jr.; J- William S. Thompson
* Advocate, Inc. is corporate operator of Boone Nursing & Rehabilitation Center, where Peggy Akers, age 73, was admitted in September 2010. Akers died last Jan. 5 following injuries, according to suit. Complaint seeks jury trial, detailing 12 counts, and wants judgment to include: Adequate damages exceeding minimum jurisdictional amount, general and special damages, litigation costs, punitive damages and other entitled relief under State law.
Case number: 12-C-93
Terry L. Tallman vs. Independence Coal Co., Inc., d/b/a Progress Coal Co.
PA- Francis M. Curnutte III; J- Thompson
* Working at the Twilight Surface Mine, Tallman, age 52, filed a Workers Compensation claim in April 2011 for occupational pneumoconiosis. Complaint says he was terminated wrongly two days later, charging age discrimination and retaliatory discharge. He wants jury to award compensatory and punitive damages, pre- and post-judgment interest, court costs and such other relief deemed just and appropriate.
Case number: 12-C-95
Averol A. & Delores Ball vs. Eastern American Energy Corp. & Energy Corp. of America
PA- William T. Forester; J- Thompson
* Complaint seeks jury trial for injunctive relief and property damages. (Eastern American merged into Energy Corp. December 2009) Balls say EAEC crossed over their property to access oil and gas well work in the Yawkey area, causing "severe damage" and running an unauthorized gas line. They want jury determination of damage amount, preliminary injunction prohibiting trespass on their property to be made permanent, determine such other just relief, and return litigation expenses.
Case number: 12-C-96
Discover Bank vs. James E. & Sharon Drake
PA- Edna Jenelle Coulter, Christopher A. Dawson, Steven B. Mulrooney; J- Thompson
* Suit says Madison couple now owes $15,779 on their contracted credit agreement since missing a payment due last December. Discover demands Court judgment to collect the debt.
Case number: 12-C-97
Green Tree Servicing, LLC vs. Herman D. Pickens
PA- Jason S. Long; J- Thompson
* Green Tree complains it has the right to correct Pickens' defaulted contract of December 1999 by repossessing a manufactured home serving as collateral. The contracted principal amount of $45,989 has increased to $117,705, with all applicable interest.
Case number: 12-C-98
Vickie & Bobby Dolin vs. Blue World Pools, Inc.
PA- Daniel F. Hedges; J- Thompson
* Dolins want a jury to see them as victims of predatory lending practices. Residents of Bear Wallow Road at Foster entered into a $9,971 home solicited sales agreement with Beneficial West Virginia, Inc. in May 2008. In September 2008, Dolins were solicited to refinance their home secured loan and complaint continues, "The Defendant seller suppressed from the Plaintiffs that it was taking a security interest in their home." Citing "Unconscionable Contract," complaint says "Defendant has engaged in a pattern of predatory lending practices to make unfair loans in order to transfer the home equity from borrowers to the Defendants," taking advantage of unsophisticated consumers who don't understand financial matters. Complaint asks for $4,600 in civil penalties for each violation of the West Virginia Code, litigation expenses, and such other relief deemed appropriate and just.
Case number: 12-C-104
Benjamin E. Croushom vs. J Force, Inc.; Crossland Transport, Inc.; Cross Fire Incorporated; and Justin Graybeal
PA- Matthew M. Hatfield, Joel Baker; J- Thompson
* Croushom claims unlawful termination by his coal truck hauling employers after being off the job a month last year following injury. He describes how the hood of a coal truck he was inspecting fell and cut his left ring finger, which became infected and "rendered the plaintiff unable to operate his coal truck..." Claiming compensate injury through Workers Compensation, he sought medical treatment and was removed from work by his physician. When released to return to work, he was not reinstated. Croushom seeks jury judgment for compensatory damages to include lost wages and benefits, back and front pay, personal and punitive damages, pre-judgment interest, court costs, and any other relief considered just and equitable.
Case number: 12-C-105