THIS JUST IN: Marshall County

By Denise Simpson –Marshall Bureau
Aug. 18
Ashley Gregware, as Administratrix of the Estate K. Wolverton vs. Todd Dolin I
PA- Thomas E. White; J- Karl
* A wrongful death complaint was submitted and it is believed that a murder conviction will result. In accordance with statute, a murderer is prohibited from inheriting anything from the victim with respect to jointly held property. A compensatory and punitive award for the jointly held property is sought.
Case Number: 08-C-192

Aug. 19
Carla L. Wells, Individually and as Guardian, Mother and Next of Friend of Haley M. Wells, a minor, and Roy Wells, Jr. v. Danielle L. Corley, BB&T Corporation, a foreign corporation, a/k/a Branch Banking & Trust Corporation, and John Doe, a Corporation and/or business entity
PA- William D. Wilmoth; Timothy M. McKeen J- Madden
* A judgment is sought both jointly and severally for the injuries claimed from a car accident in the parking lot of a bank on Aug. 19, 2006.
Case Number: 08-C-193

Aug. 20
Lorran Magers, as Duly Appointed Administrator of the Estate of Juanita Magers vs. Guardian Elder Care at Wheeling LLC dba Peterson Rehabilitation Hospital and Geriatric Center
PA- Gregory A. Geller; J- Karl
* Magers was admitted on Nov. 20, 2006. Within hours, she fell from the unrestrained and unsupervised chair where she was placed. It is claimed that these injuries contributed to her death, on Mar. 30, 2008. Compensatory damages are sought for the loss.
Case Number: 08-C-194

Westfield Insurance Company vs. Bryan Ollom, dba Bryan Ollom Excavating; Jerry Gust Masonry and Concrete Inc.; Robert Carney; Bonnie Carney; Ohio River Collieries Company; All American Homes of Ohio LLC; and All American Homes LLC
PA- Brad D. Trust; J- Madden
* A contract was entered on June 16, 2006. Porous and defective concrete was used and it was understood that concrete block would be utilized in the foundation work. The underlying suit was eventually removed to the Northern District of West Virginia. Westfield claims it has no obligation to defend Ollom in the action that is now pending in the U.S. District Court: Civil Action No. 5:07-CV-79
Case Number: 08-C-195

Consolidated Mechanical Inc., vs CertainTeed Gypsum West Virginia Inc.; Brand Scaffold Rental & Erection of Pittsburgh Inc.; Gribbins Insulation Company Inc.; Building Erection Services Company; Form Tech Concrete Forms Inc.; United Rentals (North America) Inc.; and BET LLC dba Bridgeport Equipment & Tool
PA- Melvin F. O'Brien; J- Karl
* A breach of contract is claimed and CMI seeks recognition of their lien against CertainTeed to such an extent that should the sale of the Project not sufficiently satisfy all of CMI's claim that a deficiency judgment be entered. Consolidation of all lien foreclosure cases currently pending in Marshall County is sought.
Case Number: 08-C-192

Aug. 22
Danialle Thomas vs. Value City Inc. dba Value City Furniture
PA- Erica H. Klie; J- Karl
* After being hired as a sales associate in July 2006, she suffered from a medical condition for which short term disability benefits were approved. It is claimed, that immediately after approval of said benefits, her employment was terminated. Punitive damages in excess of $50,000 are demanded.
Case Number: 08-C-198

Aug. 28
Joseph Komorowski vs. The County Commission of Marshall County, West Virginia
PA- Gregory A. Gaudino; J- Karl
* It is claimed that an error in the final preparation of the ballot to be used during the primary election for two members to the Board of Education occurred. It is said that the election contest hearing directly related to the validity of the election. With the validity o the election in question, the plaintiff says a new one must be ordered.
Case Number: 08-C-199

Kimberly A. Wood vs. Carole J. Wood, Executrix of the Estate of Norman E. Wood Sr., Deceased
PA- Gregory A. Gaudino; J- Mazzone
* A request is made that the Court find the personal estate of decedent is insufficient to pay the debts and that the real estate located on Arlington Avenue be sold to satisfy debts and administration costs. The property has an appraised value of $255,000.
Case Number: 08-C-201