Feb. 6
Russell Garretson and Shirley Garretson vs. CMH Homes Inc. dba Freedom Homes, Mortgage South Inc., Branch Banking and Trust Co. and Kitson Byrdy
PA-Harvey D. Peyton; J-Thompson
* The Seth couple says defendants sold them a new modular home that did not conform to the manufacturer's express warranties and did not make the repairs and installation requirements necessary. Plaintiffs paid $168,350 to CMH Homes on Nov. 3, 2006, to close the sale. They seek $197,285 for specificc losses, plus $270,000 for general losses.
Case number: 09-C-26
Feb. 10
Charles Hall vs. Magnum Coal Co., Magnum Coal Sales LLC, Nelson Brothers LLC, Catenary Coal Co. LLC and Explo Systems Inc.
PA-Timothy L. Eves; J-Thompson
* Hall worked as a heavy equipment operator for Magnum at its Catenary Samples Mine. Explo Systems entered into a government (EPA) agreement in November 2006 to dispose of the munitions which included Tetryl (2, 4, 6-trinitrophenyl-n-methylnitramine) containing explosive boosters at the Samples surface mining operation. Complaint says plaintiff was not informed of the dangers associated with Tetryl exposure and that coal he would be required to handle could contain Tetryl residue. Because of the Tetryl exposure, the complaint says the plaintiff has suffered and continues to suffer, among other symptoms, severe asthma, acute burning and itching and rash to face, head, neck and one hand, frequent nose bleeds, constant clearing of the throat, burning, itching, red and itchy eyes and upset stomach. He seeks compensatory damages.
Case number: 09-C-27
Feb. 10
Jeremy D. Willis vs. Magnum Coal Co., Magnum Coal Sales LLC, Nelson Brothers LLC, Catenary Coal Co. LLC and Explo Systems Inc.
PA-Timothy L. Eves; J-Thompson
* Willis worked as a load out technician for Magnum at its Catenary Samples Mine. Explo Systems entered into a government (EPA) agreement in November 2006 to dispose of the munitions which included Tetryl (2, 4, 6-trinitrophenyl-n-methylnitramine) containing explosive boosters at the Samples surface mining operation. Complaint says plaintiff was not informed of the dangers associated with Tetryl exposure and that coal he would be required to handle could contain Tetryl residue. Because of the Tetryl exposure, the complaint says the plaintiff has suffered and continues to suffer, among other symptoms, severe asthma, acute burning and itching and rash to face, head, neck and one hand, frequent nose bleeds, constant clearing of the throat, burning, itching, red and itchy eyes and upset stomach. He seeks compensatory damages.
Case number: 09-C-28
Feb. 10
Timothy Duesing vs. Magnum Coal Co., Magnum Coal Sales LLC, Nelson Brothers LLC, Catenary Coal Co. LLC and Explo Systems Inc.
PA-Timothy L. Eves; J-Thompson
* Duesing worked for Magnum at its Catenary Samples Mine. Explo Systems entered into a government (EPA) agreement in November 2006 to dispose of the munitions which included Tetryl (2, 4, 6-trinitrophenyl-n-methylnitramine) containing explosive boosters at the Samples surface mining operation. Complaint says plaintiff was not informed of the dangers associated with Tetryl exposure and that coal he would be required to handle could contain Tetryl residue. Because of the Tetryl exposure, the complaint says the plaintiff has suffered and continues to suffer, among other symptoms, severe asthma, acute burning and itching and rash to face, head, neck and one hand, frequent nose bleeds, constant clearing of the throat, burning, itching, red and itchy eyes and upset stomach. He seeks compensatory damages.
Case number: 09-C-29
Feb. 10
Darrell Neil and Debra Neil vs. Magnum Coal Co., Magnum Coal Sales LLC, Nelson Brothers LLC, Catenary Coal Co. LLC and Explo Systems Inc.
PA-Timothy L. Eves; J-Thompson
* Darrell Neil worked for Magnum at its Catenary Samples Mine. Explo Systems entered into a government (EPA) agreement in November 2006 to dispose of the munitions which included Tetryl (2, 4, 6-trinitrophenyl-n-methylnitramine) containing explosive boosters at the Samples surface mining operation. Complaint says plaintiff was not informed of the dangers associated with Tetryl exposure and that coal he would be required to handle could contain Tetryl residue. Because of the Tetryl exposure, the complaint says the plaintiff has suffered and continues to suffer, among other symptoms, severe asthma, acute burning and itching and rash to face, head, neck and one hand, frequent nose bleeds, constant clearing of the throat, burning, itching, red and itchy eyes and upset stomach. He seeks compensatory damages.
Case number: 09-C-30
Feb. 10
Jack Easter vs. Magnum Coal Co., Magnum Coal Sales LLC, Nelson Brothers LLC, Catenary Coal Co. LLC and Explo Systems Inc.
PA-Timothy L. Eves; J-Thompson
* Easter worked for Magnum at its Catenary Samples Mine. Explo Systems entered into a government (EPA) agreement in November 2006 to dispose of the munitions which included Tetryl (2, 4, 6-trinitrophenyl-n-methylnitramine) containing explosive boosters at the Samples surface mining operation. Complaint says plaintiff was not informed of the dangers associated with Tetryl exposure and that coal he would be required to handle could contain Tetryl residue. Because of the Tetryl exposure, the complaint says the plaintiff has suffered and continues to suffer, among other symptoms, severe asthma, acute burning and itching and rash to face, head, neck and one hand, frequent nose bleeds, constant clearing of the throat, burning, itching, red and itchy eyes and upset stomach. He seeks compensatory damages.
Case number: 09-C-31
Feb. 10
Terry L. Whitt vs. Magnum Coal Co., Magnum Coal Sales LLC, Nelson Brothers LLC, Catenary Coal Co. LLC and Explo Systems Inc.
PA-Timothy L. Eves; J-Thompson
* Whitt worked for Magnum at its Catenary Samples Mine. Explo Systems entered into a government (EPA) agreement in November 2006 to dispose of the munitions which included Tetryl (2, 4, 6-trinitrophenyl-n-methylnitramine) containing explosive boosters at the Samples surface mining operation. Complaint says plaintiff was not informed of the dangers associated with Tetryl exposure and that coal he would be required to handle could contain Tetryl residue. Because of the Tetryl exposure, the complaint says the plaintiff has suffered and continues to suffer, among other symptoms, severe asthma, acute burning and itching and rash to face, head, neck and one hand, frequent nose bleeds, constant clearing of the throat, burning, itching, red and itchy eyes and upset stomach. He seeks compensatory damages.
Case number: 09-C-32
Feb. 27
Cecil W. Sosebee vs. Big Ben Lumber dba Coal Field Lumber and Ronald Back
PA-Cynthia M. Ranson; J-Thompson
* Sosebee says a tractor trailer owned by Big Ben Lumber and driven by Back was hauling crib blocks near the Brodie Mines on Nov. 11 on W.Va. 85 south of Milwood Road when it crossed the center line, forcing him in his pickup truck to leave the road and collide with a utility pole. The complaint says Back left the scene and didn't return. Sosebee seeks compensatory, general and punitive damages as well as court costs and attorney fees.
Case number: 09-C-39