WEST VIRGINIA RECORD

March 21
Johnny D. Pearson and Roma Pearson vs. John Sallaz and John Burton, Jr.
PA – Scott A. Damron J- Thomas C. Evans, III
* Pearson claims the defendants disabled a kill switch on a tractor owned by the City of Point Pleasant, where both the plaintiff and defendant were employed. The kill switch was a safety mechanism that would cause the tractor to automatically turn off when the operator's weight was lifted from the seat. On June, 25, 2004, the plaintiff was operating the tractor and fell from the seat. The tractor continued to operate, catching the plaintiff's pant leg and running over him. The plaintiff is seeking compensation for punitive damages, loss of wages past medical expenses in the amount of $15,000 and future medical expenses. Roma Pearson is the wife of plaintiff and is suing for loss of consortium.
Case number: 06-C-39-E

March 27
RSB Restaurant, L.L.C., an Ohio Limited Liablility Company licensed to do business in W.Va. d/b/a Bennigans vs. Church of Christ in Christian Union
PA – R. Michael Shaw J – David W. Nibert
* The plaintiff claims that prior to their restaurant's August 2005 opening, their owner and general manager, Richard Rose, had negotiated with representatives from the Church of Christ regarding parking between the facilities, which included several provisions on the part of the plaintiff. One of those provisions the plaintiff claims was that the parking lot would be paved at a cost in excess of $40,000 on his part. The plaintiff claims the defendant is now demanding an "exorbitant amount of monthly rent" for use of the parking. The plaintiff alleges the defendant has embarrassed customers of the restaurant by telling them to move their vehicles from the lot. The defendant erected large poles and indicated to the plaintiff that the Church would be building a fence to keep Bennigan's customers from parking there, according to the lawsuit. The plaintiff is seeking an immediate injunction so that the restaurant's customers can continue to park in the lot.
Case number: 06-C-44-N