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WEST VIRGINIA RECORD

Thursday, March 28, 2024

THIS JUST IN: Jefferson County

May 16
Kevin Joy, Maureen Joy, individually and as next-of-friend for Timothy Joy and Michael Joy; Darren Bryan, Laura Bryan, individually and as next-of-friend for Justin Bryan and Emma Bryan; Bobbie G. Boykin and Louise King, individually and as next-of-friend for Zoe Boykin and Jace Boykin; Louis Pearcy and Judith Cromwell; John Dillow, Rebecca Dillow, individually and as next-of-friend for Kristy Gazzier and Katelyn Gazzier; Vincent Edwards, Michael Clark and Christine Edwards, individually and as next-of-friend for Marshon Collins, TIffany Harden, Steven Harden, Austin Harden, Steven Harden, Austin Harden and Ruthann Harden; Thomas Grady, Maria Grady, individually and as next-of-friend for Adriann Grady and Gabriella Grady; Michael Kober, Mirta Kober, Christine Kober, Michael Gonzalez and Maximilliano Gonzalez; James Mendes and Debra Mendes; and Rolland Neve, Trisse Neve, individually and as next-of-friend for Dave Neve, Rolland Neve III, Sean Neve and Bryan Neve v. Richmond American Homes of West Virginia Inc, M.D.C. Holdings Inc., Breeden Mechanical Inc., Specialized Engineering, Barnel Concrete Inc. and North Star Foundations Inc.
PA-Andrew Skinner; J-Thomas Steptoe Jr.
* Jefferson County Building Codes from September 2001 state that radon removal systems be installed in new residential construction because of the serious health risk imposed by the high radon levels in the county. All of the plaintiffs listed live in newly built homes by Richmond America. In violation of the building codes, Richmond American failed to install functional radon removal systems in any of the plaintiffs' homes. The plaintiffs claim Richmond American went as far as to put in place fake radon systems in some of the homes. The plaintiffs also claim violated all elements of a functioning radon removal system. The plaintiffs claim Richmond American endangered the lives of all people who live in homes built by the company. Ten families have all claimed that Richmond American put them at risk. All are seeking compensatory damages, breach of warranty, breach of implied warranty of habitability and fitness, compensatory damages for their exposure (in some cases increased) to radon gas, medical monitoring costs, compensatory damages for Richmond American's fraud, misrepresentation and intentional and negligent infliction of emotional distress as well as punitive damages for its willful wanton and intentional conduct in systematically failing to install operating radon removal systems in the Locust Hill community as well as prejudgment and postjudgment interest.
Case number: 08-C-204

May 23
Jennifer Maddalino Purdy, now Jennifer Kathleen Maddalino v. Kirk H. Bottner
PA-Robert Aitcheson; J-Thomas Steptoe Jr.
* Maddalino claims she was negligently represented by attorney Bottner in B.M.P. v. Jennifer Maddalino Purdy, Jefferson County Civil Actio No. 06-D-304. She claims Bottner injured and damaged her by acting fradulently in his representation of B.M. P. in the case. She claims his acts and omissions caused her emotional distress, anxiety, worry, humiliation, embarrassment, substantial out-of-pocket losses and other damages. B.M.P. is her ex-husband. She is seeking compensatory damages, both general and special, in amounts exceeding the jurisdictional minimum of the court; punitive damages in an amount determined by a jury; pre-judgment interest on all liquidated sums, interest from the date of judgment at the statutory rate as well as attorney fees and costs incurred.
Case number 08-C-216

June 4
Dick Harris and Son Trucking Inc. v. Olga Sokolava
PA-Brian Jackson; J-Thomas Steptoe Jr.
* On March 3, 2007, a commercial vehicle owned by Dick Harris and Son was struck by another vehicle driven by Sokolava. The company is seeking $26,000, plus prejudgment and postjudgment interest.
Case number: 08-C-234

June 12
Casey Bagent and Travis Bagent, individually and as parents to next friends to Tyson Bagent (age 8), Ezra Bagent (age 3), Diem Bagent (age 7 months) and Molly Aguilar individually and as parents and next friend to Sol Aguilar (age 23 months) and Justin Humphreys, parent and next friend to John Humphreys (age 10), Tanya Humphreys (age 9) and Wyatt Hymphreys (age 8) v. Sherri Grippo-Titus, doing business as Bella Bambino Photography
PA-David J. Humphreys; J-Thomas Steptoe Jr.
* The plaintiffs claim that Grippo-Titus violated their right to privacy because she failed to obtain the customary model release forms on any of the plaintiffs. They claim they e-mailed Grippo-Titus telling her to remove the photos from her Web site. Aguilar had worked with Grippo-Titus as a photographer and is still listed on her Web site as such. Aguilar claims Grippo-Titus still owes her for $11,400 for completed work. Aguilar claims Grippo-Tuus had tortious interference with her business by continuing to show her as an employee and using pictures of her and her daughter on her Web site. They claim deliberate infliction of emotional distress. They are seeking compensatory damages in $500,000 and punitive damages of $1 million.
Case number: 08-C-2444

June 13
The Federal Group Inc. v. Callas Contractors Inc.
PA-John W. Hays; J-Thomas Steptoe Jr.
* Federal Group contracted with Callas on the Eastern Management Development Center in Shepherdstown. Federal claims Callas caused damages that allowed moisture intrusion. The business has discovered mold and mildew on the project. Callas has performed repairs but refuses to compensate Federal for its losses and expenses incurred. Federal is claiming breach of contract, breach of express warranty, breach of implied warranty and negligent repair. Seeking judgment on the case against Callas with amount to be determined at trial as well as prejudgment and postjudgment interest.
Case number: 08-C-234

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