WEST VIRGINIA RECORD

Nov. 6
David Lucas et al. vs. United Fabricating Inc.
J- Gaughan; PA- Ronald Wm. Kasserman
* Lucas was employed by UFI. Lucas and UFI began negotiations for sale of UFI'S assets to Lucas for $750,000. Confirmation of the sale was sent to Lucas and he sought financing. This process totaled $19,704.42 in fees and Lucas was unable to secure necessary financing. He made a counteroffer of $300,000 and the assumption of UFI's operating leases. UFI sent a letter of acceptance followed by another later letter which stated they no longer wished to accept the offer. Aside from these occurrences, Lucas tested on behalf of an employee against UFI. Lucas underwent a variety of health problems both work-related and non work-related. He received Worker's Comp, which was at first accepted by UFI. Later, Lucas was fired without explanation and he found that UFI had contested the Worker's Comp. Lucas seeks compensatory and punitive damages as well as pre and post judgment.
Case number: 06-C-411

Nov. 8
Jacob E. Deffenbaugh and Dina Deffenbaugh vs. Wheeling Pittsburgh Steel Corporation
J- Wilson; PA- David A. Jividen
* Jacob Deffenbaugh was employed as a millwright at WPS. Per orders, he assisted in the re-hanging of coke oven doors and was injured when the head of a sledgehammer struck him in the forehead. Deffenbaugh seeks compensatory damages and loss of consortium damages, pre- and post-judgment interest, attorney fees and costs.
Case number: 06-C-412

Nov. 9
Jacob Frederick Jochum et al. vs. Waste Management of WV Inc, American Disposal Services, et al.
J- Gaughan; PA- Melvin W. Kahle
* Jochum and his father own Jack Jochum Truck Service which performs waste disposal services including "roll off" services. The men sought a purchaser for their business and were deciding between ADS and Waste Management. Waste Management was chosen to purchase the business for $465,000.00 through an Asset Purchase Agreement. ADS opposed the transfer, alleging the Jochums' "roll off" authority was dormant despite its beginnings in 1976. A judge ruled their authority wasn't dormant and the Jochums continued with the transfer of the business. ADS and manager Jeff Brown further appealed this ruling, and BFI also became a defendant in the appeal, as Jeff Brown was manager of this business also. Meanwhile, Waste Management terminated their agreement with the Jochums. The Jochums claim ADS's complaint was a tactic to delay and possibly prevent the competition, Waste Management, from purchasing the business.
Case number: 06-C-415