CIVIL FILINGS: Boone County
Harmon Marks Dec. 21, 2012, 4:56am
Ronald D. Nelson, on behalf of Helen Dillon, an Adult, seeking approval of a certain Special Supplemental Needs Trust
PA- Larry L. Rowe; J- William S. Thompson
* Nelson filed petition on behalf of his sister, who sought net insurance settlement proceeds payable for injuries received in September 2010 when she says a shelf collapsed on her arm while reaching for a can of soda in the Kroger store at Danville. Helen Dillon, 58 years old when the alleged accident happened and single with no children, receives Supplemental Security Income and Medicaid benefits. Judge William S. Thompson approved Petition and Trust Nov. 5.
Case number: 12-C-213
Merita Selbe vs. Pamela D. Atkins, John Doe
PA- Maureen Conley; J- William S. Thompson
* Selbe seeks declaratory and injunctive relief to locate and regain possession of a mobile home she says she owns that was situated on land owned by Atkins. Petitioner's daughter and respondent's son cohabitated some 11 years in the mobile home, according to complaint, then separated last April. Atkins named Selbe's daughter in a Wrongful Occupation Petition in Magistrate Court and an ensuing order directed the woman to remove the mobile home by July. Selbe contends she was never named as a party or served with process in that action. A phone message said the trailer was sold, but Selbe says she is the legal owner and should be awarded immediate possession and informed of the name of a "John Doe" buyer.
Case number: 12-C-216
Angela Searls, Personal Representative of Estate of Susie K. Thompson, deceased, Petition For Approval And Confirmation Of Settlement
PA- Thomas G. Wilson; J- William S. Thompson
* Susie Thompson died Nov. 9, 2010, during pendency of a products liability lawsuit that claimed hormone therapy products caused her to develop terminal breast cancer. Suit was settled in Arkansas. The 65-year-old resident of Danville was survived by a spouse, three daughters and two sisters. Searls, a daughter, determined that the daughters and widower Jerry Thompson each receive $30,000, with each sister getting $9,546 from the net settlement amount of $139,092.
Case number: 12-C-217
James B. Hudson, as Administrator of Estate of Pauline D. Hudson, Petitions For Approval And Confirmation Of A Confidential Settlement
PA- J. Robert Rogers; J- William S. Thompson
* Pauline Hudson died Nov. 26, 2010, while a patient in Boone Nursing & Rehabilitation Center. Six sons and a daughter consented to a confidential settlement agreement with the Danville facility and are entitled shares of her estate. Judge William S. Thompson entered his sealed order Nov. 7 approving confidential settlement and distribution.
Case number: 12-C-223
Bruce Mitchell vs. Brady Mining, LLC
PA- J. Kristofer Cormany, Pamela A. Lambert; J- William S. Thompson
* Mitchell accuses defendant employer of allowing underground mantrip to be operated at dangerously high speed when transporting personnel throughout its Number One Mine in Boone County. Late in October 2010, according to the complaint, Mitchell was thrown into the mantrip canopy because of a forman's operation at high speed and he suffered severe permanent injuries to his lumbar, thoracic and cervical spine. He wants a jury to determine an amount for past, present and future economic and non-economic damages; general and compensatory damages, pre- and post-judgment interest, court costs, and other relief deemed proper and just.
Case number: 12-C-224
Robert M. Belcher vs. Alpha Natural Resources and Elk Run Coal Co.
PA- Todd S. Bailess, Joy B. Mega; J- William S. Thompson
* Belcher demands a jury trial for damages, charging coal company employers with terminating him last August because of his age. Suit says he was 36 years old when hired and 46 when terminated in violation of the West Virginia Human Rights Act. He says he was wrongly accused of violating company policy for which another employee took responsibility. He wants remedies afforded under WVHRA, with punitive damages, lost wages and benefits, back and front pay, pre- and post-judgment interest, court costs, and such other relief deemed just and equitable.
Case number: 12-C-225
Branch Banking & Trust Co vs. Suzanne Kessler
PA- Norman T. Daniels; J- William S. Thompson
* BB&T says Kessler defaulted on a contract and security agreement financing a 2007 Ford Mustang by failing to keep up monthly installment payments. Bank wants possession of the vehicle, plus "full payment of the unpaid balance of the amount originally financed..."
Case number: 12-C-229
Deborah and Harold Powell vs. Westfield Insurance Co., Donna Cutwright and John Doe
PA- Matthew M. Hatfield; J- William S. Thompson
* Complaint wants jury to affirm couple's entitlement of $200,000 single limits uninsured motorist coverage from Westfield relative to October 2011 rear-end collision in which unknown driver of trailing vehicle, "John Doe," fled scene near Alum Creek. Cartwright is described as "a servant, agent and employee" of Westfield. Deborah Powell was operating a 2004 model vehicle on US 119 from her Danville residence to place of employment in Charleston when the alleged accident took place. The insurer offered $12,500 to settle "uninsured motorist bodily injury claim," the suit says. Westfield says it later offered $22,500, but Powells seek $200,000 award, plus litigation expenses, compensatory and punitive damages, pre-judgment interest, and such other just and proper relief.
Case number: 12-C-230
Peachtree Settlement Funding, LLC Petition for Approval of a Transfer of Structured Settlement Payment Rights by Destiny Malcolm
PA- Jason L. Long, Michael R. Proctor; J- William S. Thompson
* Funds involved stem from insurance settlement agreement and release of personal injury claim. Hearing on petition before Judge William S. Thompson held Dec. 12.
Case number: 12-C-233
Vanderbilt Mortgage & Finance, Inc. vs. Roger W. Reed
PA- Marc B. Lazenby; J- William S. Thompson
* Suit says Seth resident is past due from last July on payments for a $39,725 loan to purchase a mobile home. Vanderbilt seeks immediate possession of unit in curing loan default.
Case number: 12-C-234
Oleta Ruth and Darrell Spurlock vs. Richard Smith and Boone County Ambulance Authority
PA- Harry M. Hatfield; J- William S. Thompson
* Danville couple's personal injury suit says Smith was at fault fast April when ambulance he was driving struck their van on US 119, causing guest passenger Oleta "serious and permanent bodily injuries." Spurlocks seek jury judgment, joint and severally, for an amount in excess of jurisdictional limits, as well as general damages, their court costs, pre- and post-judgment interest, and further proper and just relief.
Case number: 12-C-235
Catherine A. Bail vs. Kroger Limited Partnership I
PA- Gerald R. Lacy, Gara Hoke Lacy; J- William S. Thompson
* Personal injury complaint says Ball fell while shopping at Danville Kroger store because "of a slippery substance in the aisle floor." She claims store's negligence and carelessness caused her to incur medical expenses for injuries, some permanent. Suit seeks jury judgment in an amount in excess of jurisdictional limits to include general and special damages, pre-judgment interest, litigation expenses, and such other relief deemed just and proper.
Case number: 12-C-237