CIVIL FILINGS: Boone County

Aug. 13 Barton Meadows vs. JMP Coal Holdings, LLC; Raven Crest Mining, LLC; Raven Crest Contracting, LLC; Virginia Explosives & Drilling Co., Inc.; Virginia Drilling Co., LLC; Xinergy Corp.; and Xinergy of West Virginia, Inc. PA- Marvin W. Masters, Christopher L. Brinkley; J- William S. Thompson * Meadows contends blasting and coal mining activities by defendants has damaged his home and property at Peytona and, among other things, constitutes trespassing and nuisance and annoyance. Complaint says “Defendants are agents, servants and employees of each other; and although the company defendants purport to be separate companies, they are in fact one company and one legal entity for purposes of this civil action.” Meadows seeks jury judgment, jointly and severally, to determine amount of an award, plus pre- and post-judgment interest, litigation costs and such other relief deemed proper. Case number: 12-C-188 Aug. 16 Patrick I. White vs. West Virginia Division of Motor Vehicles and Joe E. Miller, commissioner PA- Matthew M. Hatfield; J- William S. Thompson * White asks court review of revocation of his driver’s license. He was arrested by Madison police and charged with driving under the influence of alcohol, resulting in DMV issuing a final revocation last Aug. 10. Judge William S. Thompson granted a temporary stay last Sept. 10 pending further disposition. Case number: 12-C-190 Aug. 21 Charles Bias vs. Mountain Edge Mining, Inc. PA- Brian L. Ooten; J- William S. Thompson * Danville man wants jury verdict for various awards relative to injuries he suffered in September 2010 working at Mountain Edge’s Coalburg No. 1 underground mine. Bias says he was asked to operate a remote controlled continuous mining machine which he was never trained to operate while its regular operator was off work ill. During operation, the machine’s umbilical cord connected to the remote control and became tangled. In attempting to untangle the cord, Bias claims, a lever on the remote was triggered “causing the boom of the mining machine to strike the plaintiff and pin him against the rib of the mine, thereby causing severe and permanent personal injuries.” Suit says safety regulations, laws and industry standards were violated. Bias seeks payments for, among other things, past and future medical expenses; economic losses; ability to enjoy life; scarring and disfigurement; court costs; pre- and post-judgment interest; and any other relief to which he is entitled. Case number: 12-C-192 Aug. 24 Ellis Supple Co., Inc. vs. James M. and Rhonda Hill PA- Bobby R. Hale; J- William S. Thompson * Logan County firm claims Madison couple owes $50,678 for materials purchased on account used to make improvements to real estate they own. Ellis asks Court to find the Hills indebted in an amount of $50,678, plus award of pre- and post-judgment interest, litigation costs, determine that plaintiff has a valid first lien on defendants’ subject real estate and order such real estate be sold by judicial sale to satisfy the lien. Case number: 12-C-194 Melissa and Jerry Goins vs. Jamie Lester, State Farm Mutual Automobile Insurance Co. and Lindsay Fitzsimmons PA- Matthew M. Hatfield; J- William S. Thompson * Wyoming County residents, Goins couple seeks jury determination of rightful insurance benefits stemming from September 2010 rear-end collision with vehicle operated by Melissa Goins on U.S. 52 near Sprateville in Mingo County. Lester drove the vehicle striking Melissa Goins, says complaint, thereafter fled the accident scene and was later arrested. Melissa Goins contends she suffered “serious and permanent bodily injury…” State Farm is authorized to do business in Boone County, with Fitzsimmons described as a claim representative located in Charleston. Breach of contract and unfair claims settlement practices are charged by the Goinses, saying they were denied specified coverages. They demand jury judgment against State Farm and Fitzsimmons for compensatory and punitive damages, court costs and such other just and proper relief. Case number: 12-C-195 Aug. 30 Ernie Burns vs. Patriot Coal Corp.; Pine Ridge Coal Co., LLC; and Mark Neal, individually PA- Harry M. Hatfield; J- William S. Thompson * Burns claims he was unlawfully discharged after 36 years of employment by the defendants or their predecessor companies. Listing six causes for legal action, complaint wants jury awards to include damages for lost wages and benefits; back and front pay; punitive damages; pre-judgment interest; litigation costs; and further just and equitable relief. Burns says he was not paid wages in full within 72 hours of discharge and was a victim of retaliation for his attempt to obtain Workers’ Compensation benefits. Case number: 12-C-197 Sept. 6 Crystal D. Halstead vs. Speedway, LLC; Sherry Fitch, Tom Edwards, Vickie Bayes and John Doe PA- Matthew M. Hatfield; J- William S. Thompson * Julian resident brings personal injury suit against Speedway Store No. 9351 in South Charleston and persons said to be managers there. Halstead complains a wet floor near a leaking slushy/soda machine inside the convenience store caused her to slip and fall, thereby suffering “serious and permanent bodily injuries.” She wants jury verdicts, jointly and severally, for an amount in excess of jurisdictional limits, plus special and general damages, her court expenses, pre- and post-judgment interest and further just and proper relief. Case number: 12-C-198

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