West Virginia Record

Aug. 6
Mary E. Rea v. Yamaha Motor Corporation USA, et al.
J- Wilson; PA- M. Eric Frankovitch, Esq.
* Rea was a passenger on a Yamaha Rhino All-Terrain Vehicle when it overturned. Rea claims Yamaha failed to test the vehicle for possible dangers and to warn riders of these dangers. Rae also believes the vehicle operator engaged in reckless driving and failed in his duty to keep her safe on his property. Rea seeks judgment jointly and severally in an amount in excess of jurisdictional limits along with pre- and post-judgment interest.
Case number: 07-C-154

Aug. 9
James W. Richard v. Matthew J. Allietta and M & M Allietta, Inc.
J- Wilson; PA- Paul J. Harris
* While operating an M&M-owned vehicle, Allietta struck James Richard causing Richard numerous injuries. Allietta fled the scene and failed to report the incident to the police in a timely manner. Richard seeks compensatory and punitive damages, pre- and post-judgment, court costs, and attorney fees.
Case number 07-C-157

Aug. 13
Mary Kowalo v. Leslie Kowalo
J- Wilson; PA- William E. Watson
* When her husband Andrew Kowalo died, Leslie Kowalo became the joint owner of a residence with Mary Kowalo, Andrew Kowalo's former wife. Mary Kowalo has lived in the residence since 1993 and has made substantial improvements to it despite Andrew Kowalo's failure to reimburse her for his half of the property's costs. She seeks an order of partition and also requests that the court appoints necessary commissioners to determine the amount and validity of equitable liens before a court ordered sale of the property.
Case number: 07-C-163

Aug. 14
Shawn Durbin, et al. v. Ball Corp., et al.
J-Mazzone; PA- Jacob M. Robinson
* During his job, Durbin was required to operate a forklift to load products from a loading dock. This order was given regardless of the fact his superiors knew a dock lock device was broken. Durbin additionally claims his superiors took no precautionary steps to compensate for the faulty device. Durbin sustained multiple injuries and incurred $104,000 in medical expenses because of the broken lock device. Durbin and his wife each seek $25,000 from the defendants along with punitive damages.
Case number: 07-C-164