CIVIL FILINGS: Berkeley County
Toni L. Milbourne Aug. 3, 2012, 2:00am
Stephanie N. Paulino, Indivdually and as Class Representative vs. Dollar General Corporation and Dolgen Corporation, LLC
PA-David Hammer; J-John Yoder
* Plaintiff claims defendant did not pay salary in timely manner when she was involuntarily terminated and in accordance with West Virginia Payment and Collection Act and the established policies of the defendant company. Plaintiff seeks a class action suit and seeks names and addresses of all past employees for the defendant company for five years. Plaintiff seeks damages and interest for herself and any of the unnamed employees in a future class action suit.
Case number: 12-C-547
FIA Card Services NA vs. Jose E. Rodriguez
PA-Paul S. Atkins; J-Gray Silver III
* Plaintiff claims defendant owes at least $26,929.10 for past due credit agreement.
Case number: 12-C-549
David Shelton and Leashea Shelton vs. Gerald Shafer and Jane Doe Tenant
PA-Christopher C.Luttrell; J-Gray Silver III
* Plaintiffs claim they had a lease agreement with defendant including a purchase agreement for property. Plaintiffs claims defendant did not comply with agreement and even changed conditions unilaterally. Plaintiff claims tenant on property was to leave; however defendant rented to another tenant. Controversy ensued between plaintiff and tenant animals. Defendant issued eviction notice to plaintiff, breaching lease. Plaintiff also claims intentional infliction of emotional distress, violation of West Virginia Consumer Protection Act. Plaintiff seeks punitive and compensatory damages and all other fees to be determined at trial.
Case number: 12-C-552
Tammy L. Kessel, Administratrix of the Estate of David E. Kessel, deceased vs. Jessica Nicole Faircloth, John Doe, Progressive Classic Insurance Company, Westfield Insurance Company
PA-F. Samuel Byrer; J-Christopher Wilkes
* Plaintiff claims on July 15, 2010, defendant was driving a vehicle which struck Mr. Kessel's motorcycle, causing him to be ejected and ultimately leading to his death. Plaintiff claims defendant was negligent and under the influence of controlled substances and illegal drugs which led to Mr. Kessel's death. Plaintiff seeks compensatory and punitive damages for lost wages, past and future, funeral expenses and all other fees to be determined at trial.
Case number: 12-C-557
Samantha Hotaling vs. Stephen Flax, M.D., Dermatology Associates Inc. and Jane Doe
PA-Stephen Skinner J-Christopher Wilkes
* Plaintiff claims in August 2010 she went to the defendant facility for treatment of psoriasis. Plaintiff claims Jane Doe left her under a machine that directs light as part of the treatment. Jane Doe never came back to turn off machinery. Plaintiff left on her own but subsequently developed blisters, burns and painful joints. Defendant Flax agreed that plaintiff had been burned; he prescribed follow-up treatment and gave medication for pain. At later follow up Flax told plaintiff that changes to her skin were likely permanent. Plaintiff seeks compensatory damages to be determined at trial.
Case number: 12-C-569
Daniel D. Johns and Kellie L. Johns vs. Citibank NA
PA-Sarah L. Hinkle; J-Christopher Wilkes
* Plaintiff claims violation of the West Virginia Consumer Credit and Protection Act. Plaintiff seeks up to $74,999.
Case number: 12-C-575
Michael Todd Robertson vs. Wal-Mart Stores Inc.
PA-David J. Humphreys; J-Gray Silver III
* Plaintiff claims on July 25, 2010, while picking up a prescription at defendant business he slipped on clear liquid and fell sustaining injuries. Plaintiff claims negligence and seeks damages in an amount to be determined at trial.
Case number: 12-C-576
Andrew Benmbark vs. Linda Fisher
PA-D. Michael Burke; J-John Yoder
* Plaintiff claims July 23, 2010, defendant was negligent and reckless in her automobile causing accident and injury. Plaintiff seeks not less than $29,600 for expenses and lost wages as well as other amounts to be determined at trial.
Case number: 12-C-577
CACH LLC vs. Tina Marie Holiskey
PA-Andrew N. Frye III; J-John Yoder
* Plaintiff claims defendant owes at least $26,960.97 for past due credit agreement.
Case number: 12-C-583
CACH LLC vs. David R. Cook and Kimberly A. Cook
PA-Andrew N. Frye III; J-Christopher Wilkes
* Plaintiff claims defendant owes at least $26,967.35 for past due credit agreement.
Case number: 12-C-590
Citibank NA vs. Joseph W. Fauble and Rebecca L. Fauble
PA-Andrew N. Frye III; J-Gray Silver III
* Plaintiff claims defendant owes at least $80,846.29 for past due credit agreement.
Case number: 12-C-591
Douglas M. Diamond vs. Berkeley County Public Service Sewer District
PA-Christopher P. Stroech; J-Gray Silver III
* Plaintiff claims on Aug. 15, 2010, sewer system run by defendant failed and flooded raw sewage into his home. Plaintiff alleges negligence, nuisance and trespass. Plaintiff seeks damages in an amount to be determined at trial.
Case number: 12-C-603
Summit Community Bank Inc. vs. Gap Builders, LLC, a West Virginia limited liability company, Gary A. Poling and Donna L. Poling
PA-Kathy M. Santa Barbara; J-Christopher Wilkes
* Plainitff claims defendant owes at least $392,172.24 plus interest for past due credit agreement.
Case number: 12-C-608