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WEST VIRGINIA RECORD

Tuesday, April 23, 2024

THIS JUST IN: Berkeley County

June 9
George M. Hambleton vs. Mark L. Hambleton
PA - D. Michael Burke; J - David Sanders
* The plaintiff claims that his son, the defendant, opened a joint bank account with fire insurance claim funds in the amount of $114,168.61, which Allstate Insurance Co. had paid George Hambleton after his house burned. The suit claims the defendant embezzled all of that money from the joint account, in breach of his fiduciary duty to act in the plaintiff's best interests. The plaintiff is seeking $114,168.61 plus interest in compensatory damages, as well as at least $500,000 in punitive damages.
Case number: 08-C-798

June 12
Bradley Dean DeHaven vs. Lynwood A. Everhart Jr., Laboratory Corp. of America; and Jane Doe (unknown person and uninsured motorist)
PA - Mark Jenkinson; J - Christopher Wilkes
* The plaintiff claims that he was injured in a vehicle accident on June 14, 2006, when he was riding on a motorcycle. He claims the accident was caused by the negligence of the unidentified woman who left the scene as well as Everhart, who was operating a vehicle owned by Laboratory Corp. DeHaven claims he has lost income and has incurred more than $245,000 in medical and rehabilitation expenses. He is seeking an amount of compensatory damages to be determined at trial.
Case number: 08-C-815

June 13
M.C. Dean Inc. vs. Guardian Fiberglass Inc., Crider & Shockey Inc., Ricketts Construction Co. Inc.; and Rite Hite Corp.
PA - Richard McCune; J - Gray Silver
* The plaintiff claims Guardian Fiberglass has been unjustly enriched by work that the plaintiff performed between October 2006 and December 2007, which occurred on a site owned by Guardian, while Ricketts was operating as general contractor. Ricketts is now in bankruptcy court, and that company as well as Crider & Shockey and Rite Hite are named in the suit as parties having interest in the subject property. The plaintiff is seeking $149,764.12 plus interest from Guardian, as well as sale of the property in accordance with a mechanic's lien.
Case number: 08-C-820

Christa Clark and Jennifer Milanowski vs. Santa Barbara Law Offices PLLC and Michael Santa Barbara
PA - Harry Waddell; J - Christopher Wilkes
* The plaintiffs claim Michael Santa Barbara was negligent and failed to properly handle their cases after they hired his law firm in April 2005 to investigate and prosecute their personal injury claims. They claim he repeatedly did not respond to their e-mails, voice mails and messages asking for information on the status of their cases, and they also claim he failed to satisfy legal requirements when filing their suits. They are seeking compensatory and punitive damages to be determined at trial.
Case number: 08-C-821

June 16
Teton Sales Inc. vs. Michael Hudak
PA - Kathy Santa Barbara; J - Christopher Wilkes
* The plaintiff claims Hudak, who conducted business in Berkeley County individually and under the name Mountaineer Millwork LLC, breached the terms of a business lease and failed to pay for utilities and make all monthly lease payments. The plaintiff is seeking at least $48,660.51, plus late charges and other relief.
Case number: 08-C-824

Deborah D. Hall vs. Barbara K. Carbaugh
PA - D. Michael Burke; J - David Sanders
* Hall claims that Carbaugh's negligence caused a vehicle accident on June 17, 2006, when the defendant had intentionally struck a man in an apparent attempt to kill or injure him. The plaintiff claims Carbaugh was driving with the man on the hood of her vehicle, and she lost control and struck the rear of Hall's vehicle. Hall claims she has incurred medical expenses in excess of $27,500, and has lost earnings of more than $17,000. She is seeking an amount of relief to be determined at trial.
Case number: 08-C-831

Wilma Cyfers and John Cyfers vs. Rex Largent
PA - Michael Santa Barbara; J - Gray Silver
* The plaintiffs claim they were visiting a property in Berkeley County to mow grass on June 16, 2006, when the defendant's pit bull terrier dog attacked Wilma and caused great personal injury. The claim the defendant was negligent and should have prevented his dog from running loose in the neighborhood, and they are seeking an amount of damages to be determined at trial.
Case number: 08-C-832

June 17
Crider & Shockey Inc. vs. Guardian Fiberglass Inc., M.C. Dean Inc., Ricketts Construction Co. Inc.; and Rite Hite Corp.
PA - Alex Tsiatsos; J - Christopher Wilkes
* The plaintiff claims Guardian Fiberglass has been unjustly enriched by concrete work and products that the plaintiff supplied in July, August and September 2007 on on a site owned by Guardian, while Ricketts was operating as general contractor. Ricketts is now in bankruptcy court, and that company as well as M.C. Dean Inc. and Rite Hite are named in the suit as parties having interest in the subject property. The plaintiff is seeking $123,858.35 plus interest from Guardian, as well as sale of the property in accordance with a mechanic's lien.
Case number: 08-C-833

June 23
Charles C. Gregory vs. Brian R. Hays
PA - David Furrer; J - David Sanders
* The plaintiff claims Hays was negligent when he attempted to pass the plaintiff on Interstate 81 on Oct. 17, 2007, when the defendant lost control and caused an accident. Gregory claims he has suffered serious and permanent injuries, and he is seeking at least $300,000 plus interest.
Case number: 08-C-840

Dorothy Emmons vs. State Farm Mutual Automobile Insurance Co.
PA - Bradley Reed; J - Gray Silver
* The plaintiff was injured in a vehicle accident on May 20, 2006, by a driver who was underinsured, and the plaintiff has been insufficiently compensated for her injuries. She claims the defendant has breached her insurance policy by failing to provide the benefits owed to her, and she is seeking at least $74,000 in damages.
Case number: 08-C-841

De Lage Landen Financial Services Inc. vs. Bruce Sperow d/b/a Stonecroft Farms and Crown Pointe Inc.
PA - David Thomas; J - David Sanders
* The plaintiff was awarded judgment against the defendant for $77,604.72 in a Feb. 12 order in the Court of Common Pleas in Chester County, Pa. The notice of filing of a foreign judgment was filed in Berkeley County Circuit Court.
Case number: 08-C-846

City Hospital Inc. vs. Jamie Ogan
PA - Christopher Moore; J - David Sanders
* The hospital claims that Ogan owes $23,563.76 plus interest for a total of at least $27,127.90 for medical services and supplies provided in 2006 and 2007.
Case number: 08-C-849

City Hospital Inc. vs. Brian Harrold Stratton
PA - Christopher Moore; J - Gray Silver
* The hospital claims that Stratton owes $29,263.53 plus interest for a total of at least $32,993.35 for medical services and supplies provided to him in 2006 and 2007.
Case number: 08-C-853

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