THIS JUST IN: Boone County

by Harmon Marks |
Jan. 9, 2009, 1:00am

Nov. 14
Carl Lee Butcher vs. Brenda S. Lavender
PA-Christopher S. Butch; J-Thompson
* Butcher seeks compensatory and punitive damages for injuries and medical expenses resulting from an automobile accident on W.Va. 3 at Comfort. He says Lavender negligently and carelessly drove into his path as she left a service station. He has medical bills of more than $25,000.
Case number: 08-C-216

Nov. 17
Ernest Smith vs. Boone County Magistrate Porter Snodgrass and Boone County Prosecuting Attorney's Office
PA-Matthew Hatfield; J-Thompson
* Smith says the magistrate court abused its power by not dismissing a matter pursuant to the one-year statute of limitations. He filed a petition for writ of prohibition to stay further proceedings from a 2007 case on a charge of misdemeanor battery. Legal manuevering followed, resulting in Snodgrass granting the state's motion for mistrial in October 2008.
Case number: 08-C-217

Nov. 20
Anna Reynolds vs. Beverly Haynes, Brandi Haynes, Eddie Haynes, Heather Haynes, Edward Lowther and Melanie Castle
PA-Bobby R. Hale; J-Thompson
* Plaintiff was granted a temporary restraining order enjoining the defendant family members from being on the property willed to her in 2004 by her deceased husband. Beverly Haynes i the Reynolds' daughter. The complaint says the defendants, among other things, tore "the electric meter and meter base off the house so as to cause the drwelling to have no power or heat."
Case number: 08-C-218

Nov. 24
Dwayne Marcum and Mary Marcum vs. Alex Energy Inc dba Edwight Mining Co. and Massey Coal Services Inc.
PA-Guy R. Bucci; J-Thompson
* Dwayne Marcum seeks compensatory damages for an eye injury in January 2007 while repairing a bulldozer hardbar at the Edwight surface mine in Raleigh County. Marcum contends his employer failed to provide the proper safety glasses for his task of driving the bushing into the dozer's hardbar using a sledgehammer. Because he was given the wrong type of safety glasses, the complaint charges, a piece of metal was allowed to fly up during the pounding and lodged in his eye.
Case number: 08-C-220

Nov. 25
Ronald H. Persinger Jr. vs. Brook Trout Coal LLC, Magnum Coal Co., Magnum Coal Sales, Nelson Brothers, Catenary Coal Co., Explo Systems Inc., Elite Coal Services and John Rucker
PA-Marvin Masters, April D. Ferrebee, Richard A. Monohan; J-Thompson
* Suit relates to on-the-job handling of hazardous material. Persinger says defendant companies, as joint venturers, "failed to provide protections, warnings and instructions," for the use of a chemical known as type of chemical substance that "is abnormally dangerous ..." when coming into contact with it, and "... persons can be severely injured through contact by skin or lungs." Persinger is an employee of Nelson Brothers and supervised by John Rucker. He seeks compensatory and punitive damages, costs and post-judgment interest. His five-county complaint alleges negligence, deliberate intent, fraud, medical monitoring (absense of), infliction of emotional distress.
Case number: 08-C-223

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