THIS JUST IN: Boone County

by Harmon Marks |
Apr. 17, 2009, 2:00am

March 23
Elk Run Coal Co. Inc. dba Black Castle Mining Co., Massey Energy Co., Certain Underwriters at Lloyd's London; Allied World Assurance Co. LTD; National Union Fire Insurance Co. of Pittsburgh, Pa.; Westchester Surplus Lines Insurance Co. and Ace American Insurance Co. vs. Komatsu America Corp., Cummins Inc. and Rish Equipment Co.
PA-Joseph G. Nogay; J-Thompson
* Plaintiff companies seeks more than $3.8 million in a product liability case involving the purchase of a Komatsu 930E-3 truck from Rish in Bluefield, W.Va., in August 2007. The engine caught fire while the truck was in Boone County, "totally disabling said truck from further use. Damages of more than $2 million have been paid. Plaintiffs say the defendants failed to properly design, manufacture and/or assemble the engine and properly inspect the truck and engine. They also seek interest, costs and other relief.
Case number: 09-C-66

March 24
Donna Woods and Harold G. Woods, as next friends of Andrew Lee Adkins vs. Town of Danville and Arthur Jarrett
PA-Kenneth E. Webb Jr.; J-Thompson
* The plaintiffs seek compensatory damages for the false arrest of the minor Adkins last August. He was jogging on Main Street in Madison when "confronted in a hostile manner by Danville Police Officer Arthur Jarrett at gunpoint." Adkins was then ordered to the ground, handcuffed and placed in a police car. Jarrett then was notified that he had the wrong person in custody.
Case number: 09-C-70

March 31
Rebecca A. Cain, administratrix of the estate of Steven R. Cain vs. Independence Coal Co. Inc. and Massey Energy Co.
PA-R. Edison Hill; J-Thompson
* Steven Cain, 32, was killed Oct. 8 in Justice No. 1 Mine at Uneeda. He wa a contract employee as an apprentice or "red hat" miner, going on four months with the Massey subsidiary. He was on a loaded supply car underground when a high voltage cable was hanging too low when he was crushed between a parked car and some coal. His widow seeks compensatory damages, pre- and post-judgment interests, costs, expenses, attorney fees and other relief.
Case number: 09-C-79

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