This Just In: Kanawha County

Jan. 8
Adda Motto v. CSX Transportation, Inc., West Virginia Department of Environmental Protection, Office of Abandoned Mine Lands and Reclamation, West Virginia Department of Highways
PA – Bernard E. Layne, III; J – Zakaib
* Adda Motto is among five families suing the DEP, claiming their road was flooded due to negligence by the department. According to the suit, an abandoned mine was flooded and collapsed due to the pressure. The water flooded the road and damaged the property along Godby Branch Road in Logan County. The plaintiffs claim they suffered damages to their property and their person, have suffered great mental anguish, discomfort and peace of mind, and claim their physical and emotional health, comfort and privacy have been seriously affected. As a result, they seek compensatory damages to cover their property damage, and punitive damages
Case number: 08-C-34

Marie Carey v. CSX Transportation, Inc., West Virginia Department of Environmental Protection, Office of Abandoned Mine Lands and Reclamation, West Virginia Department of Highways
PA – Bernard E. Layne, III; J – Zakaib
* Marie Carey is among five families suing the DEP, claiming their road was flooded due to negligence by the department. According to the suit, an abandoned mine was flooded and collapsed due to the pressure. The water flooded the road and damaged the property along Godby Branch Road in Logan County. The plaintiffs claim they suffered damages to their property and their person, have suffered great mental anguish, discomfort and peace of mind, and claim their physical and emotional health, comfort and privacy have been seriously affected. As a result, they seek compensatory damages to cover their property damage, and punitive damages
Case number: 08-C-35

David Carey and Kristi Carey v. CSX Transportation, Inc., West Virginia Department of Environmental Protection, Office of Abandoned Mine Lands and Reclamation, West Virginia Department of Highways
PA – Bernard E. Layne, III; J – Stucky
* David and Kristi Carey are among five families suing the DEP, claiming their road was flooded due to negligence by the department. According to the suit, an abandoned mine was flooded and collapsed due to the pressure. The water flooded the road and damaged the property along Godby Branch Road in Logan County. The plaintiffs claim they suffered damages to their property and their person, have suffered great mental anguish, discomfort and peace of mind, and claim their physical and emotional health, comfort and privacy have been seriously affected. As a result, they seek compensatory damages to cover their property damage, and punitive damages
Case number: 08-C-36

Sharon Runyon v. CSX Transportation, Inc., West Virginia Department of Environmental Protection, Office of Abandoned Mine Lands and Reclamation, West Virginia Department of Highways
PA – Bernard E. Layne, III; J – King
* Sharon Runyon is among five families suing the DEP, claiming their road was flooded due to negligence by the department. According to the suit, an abandoned mine was flooded and collapsed due to the pressure. The water flooded the road and damaged the property along Godby Branch Road in Logan County. The plaintiffs claim they suffered damages to their property and their person, have suffered great mental anguish, discomfort and peace of mind, and claim their physical and emotional health, comfort and privacy have been seriously affected. As a result, they seek compensatory damages to cover their property damage, and punitive damages
Case number: 08-C-37

Carl Bledsoe v. CSX Transportation, Inc., West Virginia Department of Environmental Protection, Office of Abandoned Mine Lands and Reclamation, West Virginia Department of Highways
PA – Bernard E. Layne, III; J – Zakaib
* Carl Bledsoe is among five families suing the DEP, claiming their road was flooded due to negligence by the department. According to the suit, an abandoned mine was flooded and collapsed due to the pressure. The water flooded the road and damaged the property along Godby Branch Road in Logan County. The plaintiffs claim they suffered damages to their property and their person, have suffered great mental anguish, discomfort and peace of mind, and claim their physical and emotional health, comfort and privacy have been seriously affected. As a result, they seek compensatory damages to cover their property damage, and punitive damages
Case number: 08-C-38

Jan. 8
Betty Green v. The West Virginia Department of Transportation, Division of Motor Vehicles; Kanawha Mall, LLC, a Delaware Corporation; and Apollo Real Estate Advisors, LP.
* Betty Green filed a suit against the DMV after she was injured at the Kanawha Mall location. Green claims part of the carpet was raised because of wires or other objects stuck under the carpet, which caused her to fall and injure the left side of her face. Green claims the DMV is negligent and seeks compensatory and punitive damages.
Case number: 08-C-39

Patsy A. Schumacher and David E. Schumacher v. Midtown Center Associates Limited Partnership, et al
PA – Arden J. Curry, II; J – Walker
* Patsy Schumacher filed a suit against Midtown Center Associates Limited Partnership and 405 Capital Street Corp. Schumacher claims she was injured when she fell on a mat at the entrance of the business. Schumacher claims she suffered injuries to her neck, check and back, and suffered more than $10,000 in medical expenses. She seeks to be compensated for her injuries.
Case number: 08-C-40

Francis W. McCauley v. Employers Insurance of Wausau, et al
PA – Pamela C. Deem; J – Stucky
* Francis W. McCauley filed a suit against Employers Insurance of Wausau, after he bit into an unidentified brown capsule in his McDonald's hash brown. McCauley claims he suffered serious injuries when a hot liquid escaped from the capsule, burning his mouth, throat and other areas of the body. Wausau is the insurer for the Caldwell, Ohio McDonald's. McCauley claims he was denied his claim, and has yet to learn what was in the capsule. McCauley seeks actual and compensatory damages.
Case number: 08-C-45

Craig Dickinson v. Timothy Hannigan, Robert Lee Legg, Jr.
PA – Teresa C. Toriseva; J – Berger
* Craig Dickinson filed a suit against Timothy Hannigan and Robert Lee Legg, Jr., after Legg stole Hannigan's 1997 Ford pickup, which was unlocked and had the keys in it. Hannigan called the police to report the theft, and Dickinson, a Charleston police officer, responded to the scene. According to the suit, Legg rammed into Dickinson, damaging the police cruiser and severely injuring the officer. Dickinson claims he has received treatment for his injuries and will continue to receive treatments. He seeks compensatory and punitive damages.
Case number: 08-C-46

Jan. 9
Robert C. Copson, Jr. v. West Virginia State Police, et al
PA – Marvin W. Masters; J – Bloom
* Robert Copson filed a suit against the West Virginia State Police Department, claiming he did not send a resignation letter to the department and did not resign. The department claims Copson is no longer a member of the department and has no rights or remedies as a trooper. Copson claims he has the right to determine when he will resign. He seeks to be reinstated to his position as a trooper. He also seeks back pay, attorney fees, court costs and other charges.
Case number 08-C-54