This Just In: Jefferson County

By The West Virginia Record | Sep 7, 2007

Aug. 21
Phillip J. Foote Jr. and Sharon Foote v. Brian Scott Mauk
PA - D. Michael Burke; J-Thomas Steptoe Jr.
* On April 7, 2006, while driving on Flowing Springs Road near Shepherdstown, Phillip Foote was hit by another car driven by Mauk. As a result of the accident, Foote claims he was severely and permanently injured. He has incurred hospital and medical bills of $20,603.28 and expects to incur more. He is now disabled and suffered a loss of income in excess of $500,000 and will continue to suffer a loss of income and benefits in an amount in excess of $400,000 per year. The Footes are seeking $1 million in compensatory damages and $100,000 in punitive damages.
Case number: 07-C-303

Aug. 23
Amesha Smith, individually and as class representative, v. Akins Used Auto Sales LLC, Allen Akins and Rebecca Aikns
PA-Stephen Skinner; J-Thomas Steptoe Jr.
* Smith has filed a class action against Akins Used Auto Sales LLC. On Dec. 4, 2006, Smith entered into a transaction "rent to own" for a 1997 Jeep Cherokee. Total payments were to be $5,600 over 20 months. Within a month, Smith claims she had several problems with her Jeep including front passenger-side window stopped functioning and the motor would not run. Smith disputed the warranty and debt with Akins and she claims she was threated that they would call the police if debt wasn't collected. Smith is seeking compensatory damages, attorney's fees, statutory damages as well as punitive damages.
Case number: 07-C-304

Aug. 25
Kevin P. Connell v. YBB LLC
PA-Tracey Eberling; J-Thomas Steptoe Jr.
* On Jan. 3, 2005, YBB was to have purchased all of Connell's ownership in the Yellow Brick Restaurant Corp., which operates the Yellow Brick Bank Restaurant in Shepherdstown. On April 1, 2005, Connell and YBB entered into an agreement to become an adviser and consultant on a "when needed and requested" until March 31, 2007. In exchange for services, Connell was to receive an annual fee of $100,000. YBB make the first installment, but didn't make the second installment of $100,000. He is seeking $100,000, plus pre-judgment interest, post-judgment interest, court costs and all such other relief the court sees fit.
Case number: 07-C-305

Aug. 28
Carol C. Odell v. Wendy's International, c/o CT Corporation, 707 Virginia Street East, Charleston
PA-Terrance L. Britt; J-Thomas Steptoe Jr.
* On April 5, 2007, Odell fell on a raised strip that separated the tile area and carpet area of the floor at Wendy's. She claims Wendy's had knowledge of the strip prior to her visit. Odell claims to have been injured in the fall. She is seeking an amount sufficient to compensate her for the injuries that she sustained; pre-judgment interest on items of ascertainable pecuniary loss up to the date of trial, post-judgment and relief.
Case number: 07-C-310

Aug. 31
David G. Trail v. Shepherd University, and Karl Wolf
PA-Harry Waddell; J-Thomas Steptoe Jr.
* On April 13, 2007, Shepherd University received an anonymous complaint containing allegations of sexual harassment against Trai1, who was the women's softball coach for the university. Wolf is the athletic director at Shepherd University. The university has a written sexual harassment policy for such complaints. Trail claims that Shepherd University failed to follow its own procedure including conducting an investigation and provide a report of any findings. Shepherd University required Trail to sign a document called "Softball Improvement Plan" on April 18, 2007, and were to meet on a weekly basis with Trail. On May 18, 2007, Wolf informed Trail that several members of the softball team met with Matt Poling, Journal sports reporter, and provided him with allegations of sexual harassment. The next day, Wolf met with Trail informing him that his contract would not be renewed. On May 21, the university issued a press release announcing that the plaintiff had resigned. Trail is claiming defamation and sexual defamation. He is seeking general damages in an amount to be proven at trial, back pay, loss of future anticipated earnings, punitive damages in an amount to be proven at trial, reasonable costs and attorney's fees and pre-judgment and post-judgment interest.
Case number: 07-C-313

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