This Just In: Putnam County

By The West Virginia Record | May 25, 2007

May 11
Joseph M. McLaughlin, Administrator of The Estate of Melissa Dawn McLaughlin
PA-R. Steve Jarrell; J-Eagloski
* Melissa Dawn McLaughlin was killed on March 13, 2007, when she was thrown from her car after the uninsured vehicle, owned by Mandy Snoot and operated by Jerry Dale Ellis, crossed the center line into her lane of traffic. State Farm provided uninsured motorist coverage to Joseph McLaughlin in the amount of $100,000. There was also a MetLife insurance policy of $31,000. She was survived by her husband, child, Joseph M. McLaughlin, II, brother, father, and mother. Her mother, father, and brother waived their right to holding State Farm responsible and $35,000 of the settlement will be put in a trust fund for her son, paid installments beginning at age 18.
Case number: 07-C-108

May 1
Donovan and Susan Farley vs. Big Sandy Furniture, Inc.
PA-R. Richard E. Holtzapfel; J-Eagloski
* The plaintiffs purchased a king size Spring Air "Riviara" Mattress unit and two twin size foundations from Big Sandy for $2,268.30. The mattress turned out to be defective and they had it replaced. The second mattress was also defective and both were extremely uncomfortable, causing back and neck pain. Big Sandy also billed the Farley's $199 for a mattress cover that they never purchased nor recieved. The plaintiffs seek reimbursement for the mattresses and mattress cover, the removal of any negative reports on their good credit, reasonable attorney fees, compensation for annoyance, inconvenience, and aggravation, and punitive damages.
Case number: 07-C-124

May 9
Mark Justice and Amanda Justice v. Diversified Enterprise Inc. and Delbert H. Sparks
PA-R.- Brett J. Preston
* Mark Justice was an employee of Diversified working at a roadside trenching operation on Aug. 16, 2005, when pipes fell from D.E.'s flatbed trailer into lanes of travel on W.Va. 20. A 20-foot section of pipe was struck by Sparks, impacting Justice in the chest, causing him to sustain severe injuries to his rib cage and internal organs. Justice accuses Diversified Enterprises and Sparks of improper and illegal conduct resulting in severe permanent injuries and damages. He demands judgment for compensatory damages with additional amounts for costs, attorney fees, costs associated with the prosecution of their cause, and pre- and post-judgment interest.
Case number: 07-C-129

Riedel-Wilks Building Structures Inc. and Cincinnati Insurance Company vs. Phillips & Sons Masonry & Construction Inc., and John Doe
PA-R.-Lee Murray Hall; J-Spaulding
* Riedel-Wilks engaged Phillips as a subcontractor on March 8, 2005 to perform work at the Cross Lanes Babtist Church, making available a CAT Telehander Lift to Phillips at no cost. John Doe, an employee of Phillips, was operating the CAT on April 28, 2005, when he overturned it, causing $20,714.24 in damage to the CAT. Riedel-Wilks Insurer, Cincinnati Insurance Company, paid a sum of $18,214.24, an amount constituting the costs of repairs to the CAT less the $2,500 policy deductible. The plaintiffs demand judgment in their favor in the amount of $20,714.24, in addition to pre- and post-judgment interest, punitive damages and costs and attorney fees.
07-C-134

May 17
Dorado Development LLC vs. Rob-Nic Construction Inc., Robert A. Hunt and William W. Wynkoop aka Billy Joe Wynkoop
PA-R.-Todd A Mount;
* In May or June 2005, Dorado contracted Robert Hunt regarding excavation and development work on land owned by Dorado in Putnam County. During discussions, Hunt introduced defendant Wynkoop to Dorado as his business partner and president of Rob-Nic when he was, in fact, neither. Dorado entered into a contract with Rob-Nic, by Billy Joe Wynkoop on June 10, 2005. The total contract amount for the work and materials was $138,395.96. Over the course of the next several months, Wynkoop, Hunt, and Rob-Nic performed work on and obtained by never paid for materials for the project, nor did they complete the entire scope of work set forth in the Contract Agreement. As work was performed on the contract, Billy Joe Wynkoop requested payment from Dorado for work performed and materials supplied to date, in the amount of $94,000. Also, to avoid various liens from the debts not paid by Rob-Nic and/or to avoid work stoppages, Dorado paid off the amount owed by Rob-Nic as follows: $70,222.32 to Foster Supply; $20,000.00 to Worker's Compensation; $12,206.09 to Nation's Rent; and $1,625 cash to Rob-Nic for a total of $104,053.41. Rob-Nic continued performing work, incurring addition charges of $27,660. As agree with Dorado, Rob-Nic owed them $79,087.32 and has never made any payments toward that amount. The Plaintiff wants the Court to enforce the terms of the contract and promissory note entered into with the defendants, award judgment against each of the defendants, the amount of $79,087 with interest on the unpaid principal balance at the contract rate of 11 percent per anum, that it be awarded compensatory damages, and that it be awarded pre- and post-judgment interest, court costs, and attorney fees.
Case number: 07-C-136

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