THIS JUST IN: Cabell County

By Adam Brown | Aug 1, 2008

July 10
Metropolitan Huntington, LLC v. Lataralus LLC and Barbara Wood
PA-David Amsbary, Daniel T. Yon; J-John L. Cummings
* On Nov. 7, 2007, Lataralus LLC and Barbara M. Wood entered into a lease agreement with Metropolitan Huntington LLC for 3,124 square feet of property at 912 Third Ave. in Pullman Square in order to open the restaurant Moe's Southwest Grill. The defendant entered into a ten year lease agreement with a monthly minimum rent of $3,905.00 during the first two years, with escalations during the third year to $4,555.83 and during the sixth year to $5,141.58. Lataralus defaulted on the lease and owes the plaintiff $18,261.75 for past due rent, common area maintenance, utilities, insurance and tax charges. The plaintiff is suing for all unpaid rent due at the time of judgment, ejectment of the tenant giving Metropolitan immediate possession of the premises, enforcement of the landlord's lien placed on the property and attorney fees.
Case number: 08-C-612

July 11
R.F. Steiner and Co. v. J&T Coal Company, Inc and Timothy G. Lester
PA-Robert H. Sweeney; J-John L. Cummings
* J&T Coal Company purchased a three 5600i model trucks from R.F. Steiner & Co. between Jan. and Feb. of 2005 with written certifications that the vehicles were not subject to Federal Excise Tax since they were intended for off-highway use. R.F. Steiner was assessed by the Internal Revenue Service and found to owe $51,779 in Federal Excise Tax plus interest, cost and penalties. The plaintiff is suing for reformation of the contract as well as compensatory and punitive damages.
Case number: 08-C-615

July 14
Kenneth Miller and Jennie Miller v. Nationwide Property & Casualty Insurance Co.
PA-William D. Levine; J-David M. Pancake
* On May 4, 2008, the Miller home on 1201 Huntington Ave. caught fire and was deemed a total loss by Nationwide, the insurer of the home. On June 18, the MIller's were ordered by the Huntington Unsafe Buildings Commission to demolish the structure. The plaintiffs allege Nationwide has refused to make payment for the insurance policy and is suing for the full amount of the policy including $2.1 million for loss of structure, $1.27 million for unscheduled personal property and $55,695 for loss to scheduled personal property. They are also seeking interest at the legal rate for the period of time subsequent to the loss on the amount of the policy and attorney costs.
Case number: 08-C-627

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