THIS JUST IN: Cabell County

By Drew Smith | Apr 10, 2009

March 23
Darrell Cline v. Steel of West Virginia, Inc., Kost USA, Inc., Houghton Canada, Inc., Woodford Oil Company
PA-John H. Skaggs; J-Jane Hustead
* Cline worked for Steel of West Virginia for approximately 20 years –- from 1987 until 2007. During this time, Cline claims he used several machines that used metal-working fluids to cool machine parts. This fluid is released in a vapor and Cline claims they can create increased risk of respiratory disease. In September 2007, he was diagnosed with occupational asthma as a result of his work at Steel of West Virginia, according to the suit. He is suing for incurred medical expenses, lost wages and benefits and loss of enjoyment of life.
Case number: 09-C-231

March 23
The City of Huntington v. James Ware, d/b/a J.P.& L, Inc.
PA-Lora Maynard; J-Jane Hustead
* The City of Huntington is suing Ware for his alleged refusal to pay municipal service fees and refuse service fees. The business in question is an apartment building with four units on 12th Avenue in Huntington. The total amount Ware owes is $22,328.71. The city is seeking an award in that amount and has suspended the business license of J.P. & L.
Case number: 09-C-235

March 30
Dan Kendrick II v. Clarence Duncan, Asplundh Tree Expert Co., The City of Huntington
PA-Mark F. Underwood; J-David M. Pancake
* Kendrick was an employee of Asplundh and was working on Saltwell Road to remove trees. The company was using flagmen and safety cones to control traffic, an action which narrowed the width of the road, according to the suit. Kendrick claims a fire truck, owned by the City of Huntington, and a car driven by Duncan, were coming toward one other and, in an effort to avoid a collision, struck Kendrick. According to the suit, the accident caused a traumatic brain injury. He is seeking compensatory and punitive damages.
Case number: 09-C-237

April 1
David & Vicky Clark v. Virgil Pyles, Swat Exterminating, Inc.
PA-W. Harrison White; J-Jane Hustead
* The Clarks hired Swat Exterminating in March 2007 to get rid of termites on their property. According to the suit, the company began the work of drilling 44 holes inside and outside of the Clarks' property. The suit claims Pyles then received a phone call regarding another job and ordered his employees to stop working on the Clarks' home and leave. The Clarks claim he then told them the 44 holes in their property was not his problem. According to the suit, the Clarks have suffered mental distress and loss of enjoyment of life because of the unfilled holes on their property.
Case number: 09-C-241

Dona Gothard v. Tri-State Chrysler Jeep, LLC
PA-Richard W. Weston; J-Jane Hustead
* Gothard was visiting the car dealership in March 2007 when another man fell on top of her, due to the lack of a hand rail on a set of steps. Gothard is seeking compensatory and punitive damages.
Case number: 09-C-247

April 1
Paul Arthur v. Boggs Roofing Inc.
PA-Robert B. Warner; J-Jane Hustead
* In July 2008, Arthur was working as a roofer for Boggs at the Salt Rock Elementary School. He was on the roof of the building and didn't see a skylight that didn't have a cover, screen or guardrail system, according to the suit. Arthur subsequently stepped through the skylight and fell head first onto the concrete floor below. The suit claims he was seriously injured and was in a coma. He is seeking punitive and compensatory damages.
Case number: 09-C-250

Roubert Douthat v. William Thornton
PA-Paula L. Harbour; J-David M. Pancake
* Douthat and Thornton allegedly entered into a verbal agreement to operate the bar on 3rd Avenue known as "Marley's Doghouse." According to Douthat, the two ended their agreement because of personal conflicts and Thornton allegedly agreed to reimburse Douthat $10,000.00 for his share of supplies and equipment. The suit claims Thornton has made no such payments. The bar is now operated by the Defendant and his brother, Ian Thornton, and is called "Shamrock's Irish Pub." Douthat is seeking compensation in the amount of $10,000.00.
Case number: 09-C-254

April 2
Asphalt Contractors & Site Work, Inc. v. Uptowner Inns, Inc.
PA-John A. Proctor; J-David M. Pancake
* Uptowner allegedly hired Asphalt Contractors to complete two areas of work at its premises. According to the suit, Asphalt Contractors completed the work on the first project and was working on the second when Uptowner hired another company to complete the work. The Plaintiff claims it finished over 80 percent of the work of the second contract and is owed $129,963.53. Asphalt Contractors is seeking compensation in that amount.
Case number: 09-C-257

April 3
Rubberlite, Inc. v. Eric Scott Peas
PA-Daniel J. Konrad; J-David M. Pancake
* Rubberlite is a company that designs, manufactures and sells cellular rubber and plastic products and polyurethane foams. In its law suit, the company claims Peas, a former employee, used his access to company trade secrets and proprietary information for his own benefit. Rubberlite claims it is entitled to damages in excess of $5,000,000 and is seeking that amount.
Case number: 09-C-263

April 6
Michael C. Walker v. Gary Bills
PA-pro se; J-David M. Pancake
* Walker purchased his home from Bills, the contractor who constructed the home in October 2004. He claims in September 2007, a block retaining wall began to separate from a concrete retaining wall in his driveway. During the repairs, Walker allegedly discovered that Bills had failed to properly tie-in and anchor the two walls. Walker is seeking compensation for the cost to repair the wall, which was $22,754.14.
Case number: 09-C-264

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