CIVIL FILINGS: Boone County
Harmon Marks Sep. 14, 2012, 2:00am
John Kersey vs. CSX Transportation, Inc.
PA- Harry G. Shaffer, III, K. Brian Adkins; J- William S. Thompson
* Personal injury suit claims CSX locomotive with Kersey as conductor had faulty braking that caused it to crash into a truck attempting to cross tracks near the Cow Creek Mines area in November 2008. Complaint seeks jury trial, citing violations of Locomotive Inspection Act and Federal Employer's Liability Act. Kersey says he's entitled to awards of special damages for past and future medical expenses, past and future lost wages, and general damages, all in excess of jurisdictional limits.
Case number: 12-C-150
Tammy Charcandy vs. Washington National Insurance Co.
PA- John J. Polak; J- Thompson
* Woman argues Washington National failed to provide all benefits to which she was entitled under her sickness/accident policy. Charcandy says she "was rendered temporarily totally disabled" by a treating physician after suffering injury in a work related accident in March 2011. She also says Workers Compensation determined she was temporarily and totally disabled from March 7 to August 2011. Insurance company initially paid a benefit, but refused to pay beyond May 2011. Charcandy charges breach of contract among four counts she wants a jury to consider in determining awards. Notice of Removal to Federal Court was filed Aug. 17 by Charleston law firm Lewis Glasser Casey & Rollins because "amount in controversy in this case exceeds $75,000, exclusive of interest and costs..."
Case number: 12-C-151
Joshua M. Beane vs. Polaris Sales, Inc.
PA- Scott H. Kaminski; J- Thompson
* Beane says he purchased a new Polaris vehicle with a written warranty last May, then returned vehicle May 16 to Route 19 Powersports in Danville, complaining the engine was smoking. Company responded that vehicle "had been modified with a non-stock air filter" and refused to honor warranty. Beane demands jury trial for awards sufficient to compensate for damages, pre- and post-judgment interest, his court costs, and all other relief deemed just and proper.
Case number: 12-C-157
Steven and Kimberly White vs. Newtown Energy, Inc.; Coventry Mining Services, LLC; and Kanawha Eagle Coal, LLC
PA- Matthew M. Hatfield, John J. Polak; J- Thompson
* Complaint reviews an August 2010 development in the Eagle underground mine near Comfort when the mantrip White was riding to his work area went off track. A chain ratchet, White says, anchored to a mine roof support was hooked to the mantrip and an effort to hoist it back on track. He says he was struck "with great force and violence and causing serious and permanent injury" when the roof support and/or ratchet broke. White complains such procedure is "dangerous, defective and contrary to safety standards and regulations..." Wife Kimberly, as co-plaintiff, says her husband's severe injuries deprive her of "society, companionship, consortium and service..." Couple's personal injury suit seeks jury judgment, jointly and severally, in an amount in excess of jurisdictional limits to "fully compensate them for their losses and injuries" and pre- and post-judgment interest, litigation expenses and such other relief deemed just and proper.
Case number: 12-C-158
Adam Huffman vs. Coal River Energy, LLC; Regional Mine Service, LLC; and David Cobb
PA- Michael A. Olivio; J- Thompson
* Wrongful termination suit claims Huffman was let go because he was receiving workers compensation benefits following two incidents of injury while employed some 11 months at Fork Creek Mine. First he received an electrical shock, complaint mentions, and defendants denied his workers compensation claim; but related medical bills and lost wages were paid by his employer. Huffman was hurt again in August 2011 by a large section of roof fall, he states, and applied for and received workers comp benefits. He was terminated Aug. 25, 2011. Huffman named Superintendent Cobb in his action seeking jury awards of personal and punitive damages, lost wages and benefits, pre-judgment interest, court costs, and additional relief considered euitable.
Case number: 12-C-163