West Virginia Record

Sunday, September 22, 2019

THIS JUST IN: Cabell County

By Drew Smith | Jan 23, 2009

Jan. 7
Nathalena Baumgardner v. Greater Huntington Parks and Recreations District
PA-R. Matthew Vital; J-David M. Pancake
* Baumgardner was visiting Ritter Park in Huntington in July 2007 when she allegedly tripped and fell on an uneven piece of pavement. The area was surrounding a sunken storm drain. Baumgardner claims the fall happened at night and is suing the HPRD, claiming it should have warned her of the condition of the pavement.
Case number: 09-C-17

Jan. 8
PA-J. Mark Adkins; J-David M. Pancake
* KDKM owned and operated a Quizno's Sub Restaurant in Huntington and agreed to sell the ownership rights, property, equipment and supplies to RDJ, LLC for $50,000. Prior to the sale, KDKM's ownership informed RDJ, LLC that it didn't have the cash flow to maintain operations and was five months behind on its bills. RDJ, LLC advanced $52,056 to the defendants in order to keep the restaurant open. The sale agreement fell through and according to the plaintiff, KDKM has refused to repay the $52,056 advance. The plaintiff seeks damages in that amount.
Case number: 09-C-20

Carllon Spangler v. Interstate Brands Companies d/b/a IBC Sales Corporation
PA-Kenneth Hicks; J-Jane Hustead
* Spangler worked for IBC from 1988 until 2008 and was allegedly fired because of an injury he suffered during the scope of his employment with the company. According to Spangler, he was entitled to three weeks vacation time benefits, which IBC has refused to pay. The suit claims IBC had 72 hours in which to pay the benefits and if it failed to do so, must pay Spangler three times that amount in liquidated damages. Spangler seeks his vacation benefits along with damages for stress and aggravation.
Case number: 09-C-21

Jan. 9
Joshua D. Harshbarger v. Woodlark Properties, Woodlark Enterprises, Alex Vence Jr.
PA-Eric S. Embree; J-David M. Pancake
* New York-based Woodlard Properties owned and operated the Emmons, Jr. apartment building in Huntington, which burned down in January 2007. Harshbarger was a tenant of the building at the time and suing Woodlark for failing to maintain a safe complex. According to the suit, he lost personal property and suffered emotional pain and suffering.
Case number: 09-C-24

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