WEST VIRGINIA RECORD

March 25
Take That Productions dba Hip Hop Harry vs. Balzout Inc.
PA-Thomas Peyton; J-Stowers
* The plaintiff seeks to have Balzout adhere to the terms of a January arbitration ruling from California in which it owes $60,000 for allegedly breaching contract by not paying payments or royalties and not providing accounting statements. It seeks the amount plus attorney fees and costs.
Case number: 09-C-95

State of West Virginia ex rel. Joshua C. Wears vs. Kim Blair, Magistrate, Putnam County, West Virginia, and Stephen Connolly, Assistant Prosecuting Attorney, Putnam County, West Virginia
PA-Thomas Peyton; J-Stowers
* Wears, an indigent criminal defendant, seeks a ruling related to a hearing about him registering as a sex offender with the State Police.
Case number: 09-C-96

March 27
Michael L. Linkenhoker vs. West Virginia Division of Highways and Elmo Greer & Sons LLC
PA-Rosalee Juba-Plumley; J-Spaulding
* Linkenhoker entered into a contract in October 2006 for Greer to deposit earth and other materials during construction of the U.S. 35 upgrade on his property. He was to be paid 65 cents per cubic yard up to a limit of 200,000 cubic yards. In January 2007, an amended contract called for 35 cents per cubic yard with no limits. In October 2008, he says Greer pulled out of the DOH job. He was told more than 250,000 cubic yards were deposited on his property. He seeks joint and several compensatory damages of more than $87,500, pre- and post-judgment interests as well as punitive damages, plus attorney fees and costs.
Case number: 09-C-98

Joseph N. Sodaro vs. John M. Brown and Anne G. Brown
PA-J. Robert Leslie; J-Spaulding
* The plaintiff, who lives in Florida, contracted with the defendants for the sale of real estate in August 2007, purchasing three adjoining tracts of land in Nitro. He has operated a retail business from two of the parcels and has rented the third back to the defendants for a retail establishment. Still, he says the defendants have put "for sale" signs on the property and "may otherwise be attempting to repudiate the contract." He seeks compensatory damages, attorney fees and osts.
Case number: 09-C-99

Judy Bell vs. US Foodservice Inc.
PA-Timothy P. Rosinsky; J-Stowers
* Bell, who lives in Cabell County, was a dietary assistant with Genesis Healthcare on April 27, 2007, when a USF delivery person put a stack of meat products on a dolly in the kitchen. The stack toppled over and hit Bell on her buttocks and right leg, causing her to "lurch forward and downward, although she did not fall to the ground." She reported the incident to her supervisor, and went home. She went to the emergency room and filed a workers' compensation claim. She also filed for SSDI benefits as she is totally disabled. She sues USF for negligence, and she seeks damages for past and future pain and suffering, past and future mental anguish, past and future medical bills, permanent medical impairment and past and future lost wages. She also seeks pre- and post-judgment interests and other relief.
Case number: 09-C-100