Oct. 11
Hudson & Keyse LLC, assignee of Chase Bank USA (N.A.) vs. Zona J. Smitley –Johnson and Douglas Paul Smitley
PA- Ryan Marsteller; J- Wilson
* On April 11, 1995, Smitley were issued a credit card owing $22,266.64 with interest from January 2007 through October 2007. Chase seeks pre- and post-judgment interest plus costs of this action.
Case number: 07-C-460
Oct. 15
Christine Stenger vs. Carelink Health Plans, Inc. and Patrick W. Dowd
PA- Paul Tucker; J- Gaughan
* Stenger suffers from disability within the meaning of Chapter 5, Article 11, of the West Virginia Code as adjudicated by the U.S. Social Security Administration. Damages are claimed against Carelink and Dowd for discrimination, intimidation, intentional infliction of emotion distress and discrimination for refusing privileges or services based on her disability. Intimidation with threats ensued to prevent her testimony as a witness in an official proceeding. Compensatory and punitive damages are sought.
Case number: 07-C-466
Oct. 16
Paul R. Garzich and Brenda Sue Garzich vs. General Motors Corporation and Bob Robinson Chevrolet –Oldsmobile –Cadillac, Inc.
PA- Brent Clyburn; J- Wilson
* A Chevrolet Malibu was purchased in 2005 for $18,757.68. After one year of use, 8,662 miles had accrued on the vehicle at which time an incessant clicking and rattling underneath during colder weather began. Garzich seeks breach of express and implied warranties, costs of this action and that Robinson be required to repurchase and refund the cost of the auto.
Case number: 07-C-467
Susan Thomas vs. Valley National Gases WV LLC, Darlene Littleton, Michael Tyburski and Gordley, Diana McKim
PA- Sandra Law; J- Recht
* Thomas seeks judgment and an award of damages for pain and suffering, past and future lost wages, emotion distress, embarrassment, humiliation, and aggravation. States no action was taken to stop McKim's verbal and physical abuse. Claims wrongful and constructive discharge in violation of pubic policy, tort of outrage, intentional infliction of emotional distress and failure to pay wage and benefits required by the West Virginia Wage Payment and Collection Act.
Case number: 07-C-468
Oct. 17
Lorraine Nickerson and Donald Nickerson vs. Medco Health Solutions of Pennsylvania No. 2, LLC
* Medco failed to timely deliver prescribed IVF medication. Nickerson claims suffering damage as a result of the acts or omissions of Medco and after two days additional emotion distress, inconvenience and aggravation, she had to seek the medication from another source.
Case number: 07-C-469
Oct. 18
Hudson & Keyse, LLC, assignee of Chase Bank USA (N.A.) vs. Ted A. Elswick- Erickson
PA- Ryan Marsteller; J- Wilson
* On Sept. 1, 1999, Chase issued a credit card which has a balance of $36,071.64, which amount includes interest from Nov. 23, 2004 through Oct. 11, 2007. The balance, along with pre and post judgment interest and costs and fees to bring this action, is sought.
Case number: 07-C-471
This Just In: Ohio County
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