WEST VIRGINIA RECORD

April 27
Kiesha Lisa Washington, Arlene Ann Washington, Albert Breeden and Dorothy Kees v. Norfolk & Southern Corporation, Norfolk & Souther Railway Co., a subsidiary of Norfolk Southern Corporation dba Norfolk Southern Railroad, John Doe, Sam Doe, Richard Doe
PA- Joseph Cordell; J-Gina Groh
* On April 28, 2005, two trains operated by Norfolk & Southern wrecked along the property of the the plaintiffs. The accident left property damage and dumped an estimated 3,000 gallons of diesel fuel on or near the properties. The plaintiffs claim the railroad has failed to clean property or test for contamination. They claim they have lost use of the property. The claim the damage is a private nuisance, public nuisance and that the railroad continues to trespass. The plaintiffs claim the railroad is liable for the environmental investigation, cleanup of the contamination in the soil as well as property damage. They are also seeking compensatory and punitive damages and an injunction be issued.
Case number: 07-C-140

April 30
Elliott & Franz Inc. v. Rock Ferry LLC and Kettler Brothers Homes LLC
PA-Carl L. Fletcher Jr.; J-Gina Groh
* Elliott & Franz is seeking an enforcement of mechanic's lien against Rock Ferry LLC for the Rock Ferry Station property. The business claims Rock Ferry owes an outstanding rental payment of $114,705.73 as well as the interest of 1.5 percent per month. They are demanding that the ownership interest in the real property be sold and proceeds of the sale be awarded to Elliot & Franz Inc. The company has brought forth the same counts against Kettler Brothers.
Case number: 07-C-145

May 3
Melaine Pierce v. Chrysler Corporation
PA-Stephen G. Skinner; J-Gina Groh
* Pierce purchased a PT Cruiser on Sept. 9, 2006, for $18,998.00 with a service contract of an additional $1,469.00. She claims after purchasing the car she had several problems including the car losing power and stalling. She is seeking the damages for the costs of repairs as well as towing and other incidental expenses, damages for loss of use, annoyance and inconvenience.
Case number: 07-C-146

May 4
Christopher Harder, a minor by his mother and next friend, Samantha Dillow and Samantha Dillow, individually v. Thanigasalam Arumuganathan, M.D.
PA-George S. Tolley III; J-Gina Groh
* Dillow claims that the way Arumuganathan delivered her son, Christopher, resulted in grievous injuries and complications, including but not limited to severe and permanent right brachial plexus palsy. She claims that Arumuganathan failed to employ the proper treatment in the delivery of her son, resulting in negligence and carelessness. Dillow claims her son will have to continue to receive medical care.
Case number: 07-C-148

May 4
Deborah Florian v. Alicia Nichols, Bargain Pest Control LLC, ERA Liberty Realty and RE/MAX 1st Realty
PA-Christopher P. Stroech; J-Gina Groh
* After the purchase of her home from Alicia Nichols through an agent from ERA and RE/MAX, Florian found that the septic system contaminated the well system. The septic system had to be replaced because of its placement and malfunction. Florian claims that she was told prior to sell that the septic system was functioning properly and up to code. She is claiming breach of contract with Nichols, ERA, RE/MAX as well as Bargain Pest Control that was to inspect the well and septic system. She is also claiming negligence by all parties involved. She is requesting compensatory and punitive damages and her attorney's fees and costs.
Case number: 07-C-149