WEST VIRGINIA RECORD

Dec. 19

Kenneth R. Stone vs. Nathan (Nate) Newman
PA-Kevin W. Hughart; J-Kaufman
* Stone claims he and Newman put a crew together to travel to Mississippi to cut and clear brush and trees in the aftermath of Hurricane Katrina. Stone says Newman owes him at least $25,655 in profit from the venture.
Case number: 05-C-2752

Dec. 20
Jerry A. Hoops vs. David A. Burton, as executive director of WV Workers' Compensation Commission
PA-William B. Talty; J-Kaufman
* Hoops, who lives in Virginia, claims he is entitled to permanent total disability benefits after a work-related accident in West Virginia in 1998. He seeks to have the court declare an order issued in 2003 – and later voided – giving him those benefits is of full force and effect.
Case number: 05-C-2754

Paul A. Mattox Jr., commissioner of West Virginia Division of Transportation, Department of Highways vs. James D. Debrular, Miller Express Tranportation Inc., JDM Trucking Inc. and H&W Contract Carriers Inc.
PA-Jeff J. Miller; J-Zakaib
* The DOH claims a truck owned by Miller Express and driven by Debrular caused damage to a guardrail along Interstate 77 on Dec. 23, 2003. The expenses to repair the damage were $11,926.08. Case was dismissed Dec. 22.
Case number: 05-C-2755

Paul A. Mattox Jr., commissioner of West Virginia Division of Transportation, Department of Highways vs. Kevin Francis Moneypenny and Mountain V Oil & Gas
PA-Jeff J. Miller; J-Walker
* The DOH claims a truck owned by Mountain V and driven by Moneypenny struck steel beams on overpass where W.Va. 34 crosses Interstate 77. The expenses to repair the damage were $59,425.35.
Case number: 05-C-2756

Motto, et al. vs. CSX Transportation and the West Virgina Department of Environmental Protection, Office of Abandoned Mine Lands and Reclamation
PA-Letisha R. Bika; J-Kaufman
* In a case moved from Logan Circuit Court, some residents along Godby Branch Road in Chapmanville say the DEP was negligent with respect to an abandoned mine and CSX was negligent in installing a culvert along a creek near the mine. As a result, the residents say their properties were flooded. They seek damages.
Case number: 05-C-2757

Jeff B. Long and Aliza A. Long vs. WV Housing Development Fund
PA-David V. Moore; J-Berger
* The Longs say WV Housing negligently repaired unstable earth and landslides on their Nitro property, which led to a landslide in March 2005.
Case number: 05-C-2758

Petroleum Products Inc. vs. Michael Lambert individually and dba Little Acorn Oil Co.
PA-John A. Singleton; J-Zakaib
* Petroleum Products sues Little Acorn for breach of contract, saying the company owes a total of $53,348.08 for goods and services rendered.
Case number: 05-C-2759 filed 12/20

Verizon West Virginia Inc. vs. West Virginia Division of Transportation, Department of Highways
PA-Ronda L. Harvey; J-Bloom
* Verizon says DOH employees cut telephone cables while mowing at a site in Beckley. Verizon seeks compensatory damages of $12,114.08, which includes repair expenses and loss of revenue.
Case number: 05-C-2760

Kathy Egnor vs. Shirley Armstead, in her capacity as a claims worker for the West Virginia Workers' Compensation Commission
PA-Timothy P. Rosinsky (Htgn); J-Zakaib
* Egnor, a Cabell County resident, says Armstead is to blame for her worsening condition after she injured her right ankle on the job on Feb. 12, 2003. She claims Armstead, as her case worker, didn't take proper steps after a doctor recommended a certain treatment plan.
05-C-2762

Diana Lynn Lanham vs. Citibank USA/Sears and The Northland Group Inc.
PA-Andrew Nason; J-Kaufman
* Lanham of Dunbar wants statutory damages and her credit card balance erased because Sears contacted her after she hired a lawyer in their collection of the balance, a violation of West Virginia Code 46A-2-128(e) and the Consumer Credit Protection Act.
Case number: 05-C-2763

Charleston Area Medical Center Inc. vs. Jerry Short
PA-Francis C. Gall Jr.; J-King
* CAMC says Short of Hensley owes $35,789.12 for goods and service. The hospital seeks that amount plus interest.
Case number: 05-C-2764

Lillian Erby vs. Tri State Race Track AKA Racing Corporation of West Virginia
PA-Eunice L. Green; J-Walker
* Erby of Dunbar says an employee of the dog track slammed the door of a video slot machine on her hand, causing injury and trauma. She seeks reimbursement for her medical expenses plus compensation for pain and trauma.
Case number: 05-C-2768

Lawrence Shepherd vs City of Charleston and Jon Howard Casto
PA-William H. Harding; J-Kaufman
* Shepherd says Charleston firefighter Casto was negligent in driving an emergency vehicle when it collided with his car on July 24, 2004. Casto and the city request to dismiss the claim, saying Casto is an employee of a political subdivision and, as such, is entitled to immunity under the Governmental Tort Claims and Insurance Reform Act.
Case number: 05-C-2769

Larry Smith & Kathy Smith vs. A&I et al.
PA-John Skaggs; J-visiting judge
* Naming 35 defendants in the suit, Smith says he was exposed to asbestos and asbestos dust while working at FMC and Union Carbide plants in Nitro from 1965 to 1977. He was diagnosed with mesothelioma in fall 2005. He seeks compensatory and punitive damages, and his wife sues for loss of consortium.
Case number: 05-C-2771

Sheila Ann Jett and Ryan Jett vs. Gary Gunno, Paul Krimm, Paul Krimm dba Home Care Medical Equipment Inc.
PA-Troy N. Giatras; J-Kaufman
* The Jetts of Elkview claim Gunno was negligent in an accident on Dec. 23, 2003, while driving a truck owned by Grimm's company. They seek compensatory damages.
Case number: 05-C-2772