THIS JUST IN: Berkeley County

By Beth Henry | Nov 21, 2008

Oct. 21
Pharm Investments LLC vs. Sergio's Pizza Buffet LLC, Bolling Lynn Robertson III and William E. Nelson
PA - Tammy Mitchell McWilliams; J - Gray Silver
* The plaintiff claims the defendants failed to make monthly payments under the terms of an Oct. 8, 2007, lease agreement. The plaintiff is seeking $29,211.10 for past due sums, and at least $67,545 for future damages for the next four years.
Case number: 08-C-1273

Oct. 21
Branch Banking and Trust Co. vs. Prodeck Construction Inc.
PA - Kathy Santa Barbara; J - Christopher Wilkes
* The plaintiff claims the defendant defaulted on payments for two promissory notes, and after a foreclosure sale, there is an outstanding balance of $48,054.40 for the first note and $108,745.84 for the second note. The plaintiff is seeking that amount plus other relief.
Case number: 08-C-1274

Oct. 27
Jacob Bernard Sykes vs. Susan Lea Rudy
PA - Paul Taylor; J - Christopher Wilkes
* Sykes claims he was injured on Feb. 28, 2007, when he was walking in Martinsburg and was struck by Rudy's vehicle. He claims she was negligent while making a left-hand turn, and he is seeking at least $100,000.
Case number: 08-C-1286

William Berg Jr. vs. Shady Tree LLC, James V. Lopez Jr. and Lesley C. Lopez
PA - Tammy Mitchell McWilliams; J - Christopher Wilkes
* Berg claims the defendants acted fraudulently and breached their fiduciary duty after James Lopez and his company intentionally misrepresented the nature of a mortgage transaction on Oct. 30, 2006, which transferred complete ownership of Berg's real estate to the defendants without his understanding. The plaintiff is seeking more than $96,000 and other relief.
Case number: 08-C-1289

Oct. 29
Steven C. Scott vs. The West Virginia State Police, Col. David L. Lemmon and unnamed officers
PA - Sherman Lambert; J - Christopher Wilkes
* The plaintiff claims the defendants were responsible for assault, battery and unjustified force against Scott after he was severely injured on Oct. 23, 2006, when officers pepper sprayed and tazered him multiple times and the pepper spray ignited and burned him. The incident occurred after Scott failed to take medication for his mental illness and locked himself in a rental car after a police pursuit. He claims he did not resist arrest, and the defendants acted in "deliberate indifference to his medical needs." He is seeking an undetermined amount of relief.
Case number: 08-C-1298

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