CIVIL FILINGS: Boone County
FIA Card Services, N.A. vs. James E. Drake
PA- Edna Jenelle Coulter, Christopher A. Dawson, Steven B. Mulrooney; J- William S. Thompson
* FIA sued Madison man for $33,349 on defaulted contract loan balance. Judge William S. Thompson entered an Agreed Judgment that Drake makes payments of $400 per month, beginning by Sept. 28, with subsequent payments due the 28th of each month.
Case number: 12-C-180
Lora A. Ball and Michael A. Ball vs. Robert W. Conner and Westfield Insurance Co.
PA- R. Edison Hill; J- William S. Thompson
* Complaint says Lora Ball was driving on Route 17 near Ramage on Aug. 9, 2010, when Conner caused a head-on collision with his pickup truck resulting in severe and permanent injuries to the Madison woman. She seeks jury awards of compensatory damages in excess of jurisdictional limit and charges her husband has been deprived of consortium. She also demands further judgment against Westfield Insurance based on first party underinsurance coverage.
Case number: 12-C-181
Kimberly A. Smell vs. West Virginia Division of Motor Vehicles and Joe E. Miller, Commissioner
PA- Matthew M. Hatfield; J- William S. Thompson
* Judge Thompson ordered a temporary stay of driving privileges for Smell after hearing her motion contesting DMV's six-month revocation of her driver's license. State agency supported arrest documentation alleging Smell drove a motor vehicle while under influence of alcohol. Temporary stay ordered Aug. 16 concluded "a substantial probability the appellant will prevail upon the merits" of her appeal.
Case number: 12-C-182
State of West Virginia and WV State Police and Madison Police Dept. vs. Six Thousand Seven Hundred Seventy-Five Dollars, and Shelly Vankirk (interested party)
PA- Justin A. Marlowe, Asst. Prosecuting Attorney; J- William S. Thompson
* Judge Thompson approved Agreed Order on Forfeiture of $6,775 to State under West Virginia Contraband Forfeiture Act. Authorities found several grams of marijuana and $6,775 in Vankirk's vehicle at a June 2012 traffic stop on US 119 in Boone County. She approved the forfeiture agreement.
Case number: 12-C-184
Jerry Wiseman vs. Rick Simpkins, individually, and Frasure Creek Mining, LLC d/b/a Trinity Coal Corp.
PA- Lia DiTrapano Fairless; J- William S. Thompson
* Employed some three years by Trinity as equipment operator under supervision of Simpkins, Wiseman complains he is entitled to wages for his lunch period and when separated from employment all wages and benefits owed him were not paid in violation of the West Virginia Wage Payment and Collection Act. He wants jury to award wages due and liquidated, with pre- and post-judgment interest, litigation expenses and any further relief deemed appropriate.
Case number: 12-C-185
William Hill vs. Rick Simpkins, et al
PA- DiTrapano Fairless; J- William S. Thompson
* Essentially same complaint language as 12-C-185 above.
Case number: 12-C-186
Jason Lloyd vs. Rick Simpkins, et al
PA; DiTrapano Fairless; J- William S. Thompson
* Styled same as above two cases.
Case number: 12-C-187
Elaine Cales vs. Michael & Jennifer Jarrell
PA- pro se; J- William S. Thompson
* Judge Thompson dismissed appeal and upheld Magistrate Court ruling finding Daville couple failed to pay rent of residential property and ordered their removal for wrongful occupation, as charged by Cales.
Case number: 12-C-179