WEST VIRGINIA RECORD

Jan. 3
Richard B. Stine Inc. vs. Mission Mountain LLC
PA - Gregory A. Bailey; J - David H. Sanders
* The Stine company says it entered a contract with Mission Mountain for excavation work and related services at the Beacon Hills Subdivision site in Berkeley County, but the defendant breeched the contract and refused to compensate $450,000 as outlined in the agreement. The Stine company is seeking compensatory, special and actual damages in an amount to be determined in a jury trial.
Case number: 06-C-12

Jan. 5
Centra Bank Inc. vs. Iwayan Rata
PA - Christopher K. Robertson; J - Christopher Wilkes
* Centra claims Rata opened a saving account at its Inwood branch in October 2005, and then endorsed a deposit check for $92,227.28 that was purportedly drawn by Kruger Inc. - Trois Rivieres upon an account with the Banque De Montreal and also payable to "Iwaya Rata." The plaintiff says Rata made two cash withdrawals and one wire transfer in November 2005, before the original deposit check was returned as a fraudulent item that would not be paid by the Banque De Montreal. Centra says it closed Rata's account after he was
contacted and asked to pay. Rata's account had $7,214 when it was closed, so Centra says he now owes $85,045, incluing bank fees.
Case number: 06-C-11

Jan. 5
Double M. Investors LLC vs. Video Warehouse Inc.
PA - Eric J. Hulett; J - David H. Sanders
* Double M Investors says the defendant entered into a rental agreement for 10 years at a business property in Berkeley County, but Video Warehouse has failed to make multiple payments. The plaintiff claims Video Warehouse owes at least $20,661, plus escalated future rent in the amount of at least $276,000.
Case number: 06-C-14

Jan. 6
Kelly Jo Peters vs. Douglas Louis Smith Jr.
PA - D. Michael Burke; J - David H. Sanders
* Peters says she was traveling on a road near Gerrardstown that was under construction on Jan. 7, 2004, and she started driving in the left lane as directed by a flagman. She claims the defendant was loading a dump truck with dirt in the right lane when he backed up and struck Peters, causing her severe injuries. Peters claims that due to Smith's negligent operation of his vehicle, she suffered severe and permanent injuries, medical expenses, pain, emotional distress and mental anguish. The plaintiff seeks $40,000 plus interest, costs and attorney fees.
Case number: 06-C-16

Jan. 9
Capital One Bank vs. Norman Toms
PA - Andrew S. Lerner; J - Christopher Wilkes
* Capital One claims Toms has failed to repay all money loaned to him from a credit card agreement within the designated period of time, and the bank says the defendant owes $10,485 plus the cost of legal action and other relief.
Case number: 06-C-19