CIVIL FILINGS: Randolph County
Beth Henry-Vance Oct. 26, 2012, 7:00am
Andrew Kesling, a minor, by and through David Kesling, vs. American Sportworks LLC, Elza Cycle and ATV LLC and Tractor Supply Co.
PA - Tim Carrico; J - Wilfong
* The plaintiffs claim Andrew Kesling was seriously injured April 10, 2012, while driving a go-cart that was purchased at Tractor Supply in Elkins. They claim Kesling was operating the go-cart "in the fashion and manner for which it was intended," and he was wearing a helmet and using the safety restraint system in the go-cart, when the steering mechanism failed and caused an accident. The suit claims the go-cart, which was manufactured by American Sportworks, had been serviced twice by Elza Cycle for a defect in the steering mechanism. The plaintiffs claim the defendants were negligent, and they are seeking an undetermined amount of relief.
Case number: 12-C-127
Citizens National Bank of West Virginia Inc. vs. MJM Pipeline LLC
PA - Robert Chenoweth; J - Wilfong
* The plaintiff claims the defendant owes at least $54,251.63 after breaching the terms of a commercial credit agreement from Dec. 5, 2009. The bank is seeking an undetermined amount of relief.
Case number: 12-C-136
Roger Boatwright and Susie Boatwright, individually and as guardians of Tanner Boatwright; Tanner Boatwright; and Christopher Boatwright vs. Robert L. Reckart Jr., Gina Reckart and Robert L. Reckart Sr.
PA - Debra Tedeschi Varner; J - Wilfong
* The plaintiffs claim the defendants' reckless actions on Nov. 25, 2011, "constitute negligence of the grossest sort," after 16-year-old Tanner Boatwright was struck by a bullet from Robert Reckart Jr.'s rifle at a remote hunting camp in Tucker County. Tanner Boatwright, who had been a star athlete at Elkins High School, "narrowly escaped death from 'bleeding out' as a result of the massive wound," and his leg had to be amputated above the knee. The suit claims Robert Reckart Jr., a felon, was not permitted to possess a firearm, and he had been drinking whiskey prior to the shooting. The suit also claims his wife, Gina Reckart, and father, Robert Reckart Sr., each knew of Robert Reckart Jr.'s prior felony conviction, his "use of illegal drugs, as well as his general reckless disregard of the law and irresponsible lifestyle." The Boatwrights are seeking an undetermined amount of compensation.
Case number: 12-C-139