WEST VIRGINIA RECORD

Nov. 24
Arlene J. Rogers vs. Big Lots Stores Inc.
PA - Joanna Robinson; J - Gray Silver
* The plaintiff claims she was injured on Nov. 24, 2006, when she was shopping in a Martinsburg Big Lots store and a large plate fell of the shelves and smashed her foot. Rogers claims the defendant was negligent and failed to keep its premises safe, and she is seeking an amount of compensation to be determined at trial.
Case number: 08-C-1363

Nov. 25
Amelia A. Shepherd and Helen M. Mason vs. North American Co. for Life and Health Insurance
PA - Michael Snyder; J - Christopher Wilkes
* Shepherd, as executrix of the estate of Bobby Douglas Mason, claims that the defendant acted in bad faith and breached a $200,000 life insurance agreement from Jan. 18, 2008. Bobby Mason died April 27, 2008, and Shepherd and Mason's wife, Helen, claim the defendant accepted the initial premium check and gave no reason for Mason to believe that he was not insured. The plaintiffs are seeking $200,000 in compensatory damages and $250,000 in punitive damages.
Case number: 08-C-1364

State of West Virginia vs. Bruce Poole, Kendra Sulick, J.S. and B.S., minors
PA - Heather Laick; J - David Sanders
* The plaintiff, on behalf of Brian Smith, Bettyanne Obiri, Donev Hatcher and William Hatcher, is taking action under the West Virginia Human Rights Act to seek a permanent injunction that will prohibit the defendants and their children from assaulting, threatening and harassing the plaintiffs or trespassing on their property. The suit claims the defendants have repeatedly harassed the plaintiffs Smith and Obiri, who are black, by making threats, using racial slurs, yelling at them while carrying chainsaws and rubbing poison ivy on their 6-year-old son. The defendants have also repeatedly threatened the Hatchers, who are white, because the Hatchers have resisted the defendants' racially motivated behavior and supported Smith and Obiri. The suit claims the defendants threatened to burn down the Hatchers' home.
Case number: 08-C-1365

Nov. 26
Antonio Cordero and Azhya Riddick, through Stephanie Green, vs. Teresa Cordero, Victoria Duvall and Martin Akoa
PA - Timothy Helman; J - Christopher Wilkes
* The plaintiffs, who are minors, claim they were passengers in a vehicle driven by Teresa Cordero, when all three defendants were driving negligently and were involved in a Dec. 26, 2006, accident on Interstate 81. Plaintiff Antonio Cordero suffered severe injuries, such as a lacerated spleen, bruised lungs and broken clavicle, causing medical expenses of more than $19,000. Plaintiff Azhya Riddick's injuries included a head laceration, knee injuries, seizures and memory loss, causing more than $40,000 in medical expenses. The plaintiffs are seeking an amount of relief to be determined.
Case number: 08-C-1367

Gary West, Wanda Gilbert, David Swineford, Maria Swineford, Ellaree Mason, Kenneth Mason and Tracy Orr vs. Tomahawk MX LLC, CMG Holdings and Chad M. Gochenour, individually and as proprietor
PA - Nancy Dalby; J - David Sanders
* The plaintiffs claim the defendants' operation of a motorcycle race track in Berkeley County has caused excessive levels of noise, traffic and pollution in the neighborhood, and they also claim the defendants have operated illegally since 2004 because they never obtained required permits. The plaintiffs also claim their property values have diminished as a result of the track, and they are seeking an order enjoining further operation of the track as well as other relief.
Case number: 08-C-1368