THIS JUST IN: Lincoln County

By Harmon Marks | Jul 25, 2008

May 6
Petition to transfer structured settlement payment rights of Harry Mallory, age 48, of Dunbar, Kanawha County, formerly of Alkol, to Structured Asset Funding of Hallandale, Fla.
PA-John A. Davis III; J-Hoke
* Mallory received an insurance award for personal injury, pain and suffering resulting from medical negligence by Dr. Joseph P. Saldzuha. Aggregate structured settlement with Continental Casualty Company of Chicago for $121,009. Lump sum of $57,500 paid Mallory and attorney Robert V. Berthold. Mallory to receive $512.25 per month for life with the first 240 payments guaranteed. Detailed disclosure statement signed on March 24, and hearing on transfer was requested June 6. Hearing is scheduled for Aug. 21
Case number: 08-C-52

Pamela S. Dailey vs. Gary May
PA-R. Matthew Vital; J-Hoke
* Dailey claims she suffered serious and severe injuries because of May's negligent and careless operation of a motor vehicle in an accident in Barboursville. Defense counsel Todd A. Mount responded that there are superseding and intervening causes for the accident. Hoke has set an Aug. 7 scheduling status conference.
Case number: 08-C-56

June 10
Motion to Dissolve Temporary Injunction by defense attorney David L. Hill regarding pending complaint: Sue Ann Evans, executrix of estate of late husband Fred Evans vs. Lori Sue Evans
* Petition has been filed by Sue Ann Evans to freeze all accounts in the name of Lori Sue Evans at City National Bank's West Hamlin branch office. As executrix, the widow charges that her daughter took advantage of the extended illness and mental condition of her father to obtain funds for her personal use. The defense motion counters that all City National records in Lori Evans' name could not be frozen without a hearing, as per a May 15 court order.
Case number: 08-C-58

June 30
Westfield Insurance Company vs. Tommy Woodrum
PA-R. Stephen Jarrell; J-Hoke
* Complaint seeks judgment against Woodrum for $51,283 plus interest and other costs resulting from a head-on collision on W.Va. 214 near Sod when he crossed the center line and crashed into Hezekiah Shifflett Jr.'s vehicle. Westfield is subrogee for Shifflett.
Case number: 08-C-61

July 1
Shana Harvey-Burns and Shawn Burns vs. Vanderbilt Mortgage and Finance Inc. and U.S. Bank National Association
PA-John W. Barrett and Jonathan Marshall; J-Hoke
* Complaint describes Vanderbilt as "an abusive loan servicer." In dispute is financing payments and insurance costs of the Burns' mobile home. They alleged illegal debt collection in violation of West Virginia Code. They seek damages, civil penalties and costs.
Case number: 08-C-62

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