Dec. 16
Robert J. Ward vs. Petroleum Fueling Inc., Petroleum Transport Inc. and Elk Run Coal Co. Inc.
PA-E. William Harvit, Bradley Oldaker; J-Thompson
* Ward seeks compensatory damages for injuries resulting from a tank truck accient at the Black Castle Surfice Mine near Uneeda. Petroleum Fueling owned a 1986 tank truck used to haul diesel fuel. In February 2008, George Ballard was driving and Ward was a passenger trainee-helper while descending a steep grade on Omar Haul Road with about 3,700 gallons of fuel weighing about 27,000 pounds. The transmission jumped out of gear, and the truck overturned on a curve at a high rate of speed, slide on its right side, struck two large boulders, hit a safety berm and launched over it, coming to rest on its left side in Little Laurel Creek about 20 feet below the road. The occupants were trapped for more than 14 hours. Three government agencies investigated and found numerous safety deficiencies with the wrecked truck.
Case number: 08-C-234
George T. Ballard vs. Petroleum Fueling Inc., Petroleum Transport Inc. and Elk Run Coal Co. Inc.
PA-Timothy C. Bailey; J-Thompson
* Ballard seeks compensatory damages for injuries resulting from a tank truck accient at the Black Castle Surfice Mine near Uneeda. Petroleum Fueling owned a 1986 tank truck used to haul diesel fuel. In February 2008, Ballard was driving and Robert J. Ward was a passenger trainee-helper while descending a steep grade on Omar Haul Road with about 3,700 gallons of fuel weighing about 27,000 pounds. The transmission jumped out of gear, and the truck overturned on a curve at a high rate of speed, slide on its right side, struck two large boulders, hit a safety berm and launched over it, coming to rest on its left side in Little Laurel Creek about 20 feet below the road. The occupants were trapped for more than 14 hours. Three government agencies investigated and found numerous safety deficiencies with the wrecked truck.
Case number: 08-C-235
Dec. 19
Alex Hensley and Carri Hensley vs. Brody Mining LLC
PA-Kristofer Cormany; J-Thompson
* Alex Hensley was injured in a roof fall at Brody No. 1 Mine in June 2008. He sustained severe crushing and permanently disabling injuries, including fractures of his spine and both legs when a large rock from the mine roof struck him. The plaintiffs claim defendant knew of the unsafe "horseback" roof condition existed.
Case number: 08-C-238
Dec. 23
Estate of Randell L. Price, administrator cta Chadwick Lee Price vs. Lillian Price
PA-Nicholas Casey Jr., Valerie H. Raupp; J-Thompson
* Judgment against the mother, Lillian Price, of the deceased Randell Price is sought. It claims she obtained more than $17,000 by conversion, breach of fiduciary duty and constructive fraud. Lillian Price had power of attorney, but it expired in late April 2008, according to the complaint, with Randell Price's death. It says three annuity checks totaling more than $26,000 were cashed after his death by Lillian Price. The difference comes from her paying for the funeral. Punitive damages also are sought.
Case number: 08-C-241
Kerrlie E. Bishop and Alfreda Bishop vs. Massey Energy Co., Omar Mining Co., Independence Coal Co., Elk Run Co. Inc., Black Castle Mining Co., Peabody Energy Corp., Pine Ridge Coal Co., Federal Coal Co. and John Doe Corp.
PA-John E. Sutter, Roger A. Decanio, John R. Mitchell Sr.; J-Thompson
* One of 45 separate complaints filed against the same defendants concerning the water in the towns of Seth and Prenter in Boone County. The plaintiffs in each case claim the defendant companies contaminated their well water supply through mining practices. They seek injunctive relief for emergency water, medical monitoring costs and compensatory damages for property and person injury caused by exposure to toxic substances.
Case numbers: 08-C-243 through 08-C-287
THIS JUST IN: Boone County
