This Just In: Ohio County

By Brandon Smith | May 11, 2007

April 26
Citifinancial Services, Inc. vs. Malinda K. Hall
PA-Andrew S. Lerner; J-Wilson
* Citifinancial claims Hall owes $10,177.29 on a past due loan. Citifinancial is seeking that unpaid amount as well as interest and other legal costs and fees.
Case number: 07-C-166

April 30
Al's Novelty & Coin Machine Inc. vs. Gumby's LLC dba Geno's and Third Alarm Bar LLC dba Gumby's/Geno's Island Drive Thru And Cafe
PA-Charles J. Kaiser Jr.; J-Wilson
* The two parties were involved in a contract dispute in which the defendants claim a breach of contract on the part of the Al's Novelty & Coin Machine Inc. The plaintiff, meanwhile, is seeking a judicial declaration that the contract and location of the defendant's business is valid, current, ongoing, and enforceable.
Case number: 07-C-172

May 1
Karen Sue Blevins vs. Paul J. Kunwalski and Paul Kohl
PA-Landers P. Bonenberger; J-Mazzone
* The two parties were in an auto accident which Blevins claims was a direct result of negligence in the operation of a vehicle on the count of the defendants –- Paul Kunwalski, the owner of the vehicle, and Paul Kohl, the operator at the time of the accident. Blevins suffered personal injuries resulting in medical expenses exceeding $1,000. She is seeking compensatory damages.
Case number: 07-C-173

May 2
Melissa Moore vs. Scott Welling, owner or operator of Arby's Restaurant in Elm Groe, and Restaurant Enterprises Inc.
PA-Ronald Wm. Kasserman; J-Gaughan
* Moore claims that while employed at Arby's, manager Scott Welling pretended to lasso her with a rope. After responding in a joking manner, she claims that Welling became angry and struck her with the rope, injuring her arm. Her employment was terminated the next day. She charges battery and alleges wrongful termination of employment, claiming she has suffered lost wages, pain and suffering, and emotional stress. She is seeking compensatory damages.
Case number: 07-C-174

Walters Construction vs. Santinoceto Enterprises LLC
PA-Ronald M. Musser; J-Recht
* The two parties entered into an oral contract concerning a construction project to be performed by Walters Construction and to be calculated on a customary "time and material" basis including such factors as labor and material costs and markups for miscellaneous expenses. The company submitted invoices in the total amount $205,447.17 and claims that the defendant has not yet paid $118,524.69 of that outstanding sum. Walters Construction is seeking compensatory damages.
Case number: 07-C-175

Carol Rife vs. Wheeling Hospital Inc.
PA-Nicholas A. Wininsky; J-Gaughan
* Rife alleges retaliatory discharge, age discrimination, negligent supervision and/or retention, and vicarious liability after claiming she was verbally mistreated by an OB/GYN with whom she worked at Wheeling Hospital Inc. She filed a complaint soon after the incident and was transferred to another department in the hospital. She was eventually terminated after 34 years of employment with the defendant. She is seeking compensatory damages.
Case number: 07-C-177

May 3
Susan Kennen vs. Thomas Gentile dba Amerilube Incorporated
PA-David P. Robinson; J-Gaughan
* Kennen claims she was struck by a railroad tie when walking as a nontrespasser on property owned by Amerilube Incorporated in which she was inflicted with permanent and lasting injuries to her body and various extremities. The accident and subsequent injuries resulted in her incurring medical expenses and she is therefore seeking compensatory damages.
Case number: 07-C-179

May 4
Tokcha Donahue and Thomas E. Donahue vs. Cheryl J. Fournier
PA-Mark D. Panepinto; J-Gaughan
* The two parties were involved in an auto accident in which Fournier struck the Donahues' vehicle from the rear causing their car to be totaled and Tokcha Donahue to be taken to the hospital for treatment for injuries permanent in nature. They claim that the defendant breached her duty of care by failing to observe them and avoid the collision. They also allege negligence which will cause them future pain and suffering as well as emotional distress. They are seeking compensatory damages.
Case number: 07-C-180

May 7
State of West Virginia ex rel. Scott R. Smith, Prosecuting Attorney of Ohio County, vs. Honorable Charles Murphy, Magistrate Judge of Ohio County, and Foundation Corporation
PA-Shawn R. Turak
* The State claims that it filed a criminal complaint against Respondent Foundation Corporation for public health law offenses in violation of West Virginia State Code involving the illegal placement of pool tables and other means of entertainment in a video gaming room. Magistrate Charles Murphy subsequently dismissed the case and therefore the State, in disagreement of the dismissal, is seeking a writ of prohibition.
Case number: 07-C-186

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