THIS JUST IN: Marshall County

April 28
John Young and Diane Young, individually and d/b/a J&D Gasoline Alley vs. Glen Dale Animal Hospital, Inc., Mary Martin and Paige Stoehr, individually and b/d/a Glen Dale Animal Hospital, and Katko, LTD
PA- Jonathan E. Turak; J- Hummel
* Animal Hospital retained the excavation services of Katko, on June 1, 2007. During the course of this work, plaintiffs were deprived of the property's adjacent lateral support. This caused the property located at 1701 Wheeling Avenue to shift and damage the buildings and structures. A trial by jury is demanded.
Case number: 09-C-67

April 29
Gary Lee Taylor and Katrina Hickman n/k/a Taylor vs. Kaitlyn Dawn Harsh
PA- Jacob M. Robinson; J- Karl
* On Apr. 29, 2007, near Dallas, on County Road 26 near Wharton Hill Road, Harsh collided with Taylor. As a direct and proximate result of this failure to yield, serious permanent injuries were sustained. Hickman suffered inconvenience with a total loss to her vehicle. Compensatory damages are sought.
Case number: 09-C-68

WesBanco Bank Inc. v. Gregory R. Lewis
PA- Marie C. Bechtel; J- Hummel
* A promissory note was applied for on Apr. 21, 2006 and Aug. 1, 2006. Lewis failed to cure defaults and WesBanco has elected to declare the entire principal sums due and payable for $1,763.88 and $5,536.05, respectively.
Case number: 09-C-69

April 30
Chesapeake Appalachia, LLC v. Anna L. Reid and Robert Reid
PA- Matthew S. Casto; Steven M. Green; J- Hummel
* A declaratory judgment and entry of an order granting Chesapeake a preliminary injunction allowing entrance on the surface estate. This request, for the purpose of exploration, is sought to prohibit interference from defendants.
Case number: 09-C-74

Chesapeake Appalachia, LLC v. Douglas McCombs and Rebecca McCombs
PA- Matthew S. Casto; Steven M. Green; J- Hummel
* A declaratory judgment granting Chesapeake entrance on the surface estate is requested in order to analyze the oil and gas formations underlying the surface estate in question and conduct seismic studies.
Case number: 09-C-75

Chesapeake Appalachia, LLC v. Lloyd Earnest and Donna F. Earnest
PA- Matthew S. Casto; Steven M. Green; J- Hummel
* Chesapeake believes it has, pursuant to a deed, the right to enter upon the surface for purposes of conducting seismic activity. A defendant has advised they intend to refuse entrance. A declaratory judgment prohibiting Defendants from interfering with Chesapeake's entry is sought.
Case number: 09-C-76

Chesapeake Appalachia, LLC v. Jack Briggs
PA- Matthew S. Casto; Steven M. Green; J- Hummel
* Chesapeake believes it has, pursuant to a 1955 Lease, the right to enter upon the surface for purposes of conducting seismic activity. A defendant has advised they intend to refuse entrance. A declaratory judgment prohibiting Defendants from interfering with Chesapeake's entry is sought.
Case number: 09-C-78

Chesapeake Appalachia, LLC v. Charles C. Cook and Nancy Cook
PA- Matthew S. Casto; Steven M. Green; J- Karl
* In order to analyze the oil and gas formations underlying the surface estate in question, to conduct seismic studies, a declaratory judgment granting Chesapeake entrance on the surface estate is requested. Plaintiff claims entry rights from a Lease dated 1918, as successors to The Manufacturers Light and Heat Company.
Case number: 09-C-79

Chesapeake Appalachia, LLC v. Richard B. Gregg and Lois A. Gregg
PA- Matthew S. Casto; Steven M. Green; J- Hummel
* Pursuant to the terms of a lease, Plaintiff claims right of entry on the surface estate of defendants. They believe this lease gives them the right to enter and conduct seismic activity. Accordingly, the Court is sought to grant a declaratory judgment and order prohibiting defendants from interfering.
Case number: 09-C-80

Chesapeake Appalachia, LLC v. Leslie Midcap and Virginia Midcap
PA- Matthew S. Casto; Steven M. Green; J- Karl
* Chesapeake is the lessee of the oil and gas estate underlying the surface estate pursuant to a lease dated Jan. 25, 2007. The terms of said lease allow for entrance upon the surface for purposes of conducting seismic activity. A declaratory judgment prohibiting Defendants from interfering with Chesapeake's entry is sought.
Case number: 09-C-81

Chesapeake Appalachia, LLC v. James P. Reid and June A. Reid
PA- Matthew S. Casto; Steven M. Green; J- Hummel
* A declaratory judgment and order granting Chesapeake entrance on the surface estate is requested. The purpose is to analyze the oil and gas formations underlying the surface estate in question and conduct seismic studies.
Case number: 09-C-82

Chesapeake Appalachia, LLC v. Victor J. Seifert and Nicky A. Seifert
PA- Matthew S. Casto; Steven M. Green; J- Karl
* Pursuant to the terms of a lease, Chesapeake claims right of entry on the surface estate for the purpose of conducting activities. A declaratory judgment prohibiting Defendants from interfering with Chesapeake's entry is requested.
Case number: 09-C-83

Chesapeake Appalachia, LLC v. Larry C. Williams and Pamela Sue Williams
PA- Matthew S. Casto; Steven M. Green; J- Hummel
* A declaratory judgment and order granting Chesapeake entrance on the surface estate is requested. The purpose is to analyze the oil and gas formations underlying the surface estate in question and conduct seismic studies. A declaratory judgment is requested.
Case number: 09-C-84

May 1
Angel Kazlman vs. William F. Nolan and Incline Bar & Grill Association, a West Virginia Corporation and/or Voluntary Association
PA- Ronald W. Zavolta; J- Karl
* Failure to maintain proper lookout is said to have caused this vehicle accident. Kazlman claims injuries to her neck as a direct and proximate result of his negligence.
Case number: 09-C-85

Jason Masters v. Camforge, Inc.
PA- Frank X. Duff; Sandra K. Law; J- Hummel
* An independent medical evaluation of the Plaintiff, on behalf of Camforge, was concluded on Jan. 5, 2009. Dr. Sethi concluded he had reached maximum medical improvement and could return to his former position. During meetings to discuss the Plaintiff's return to work, Defendant's managers expressed concern of a reinjure to his back. Without medical evidence upon which to base this concern, defendant was wrongfully terminated on Feb. 3, 2009. This disability discrimination amounts to a tort of outrage/ intentional infliction of emotional distress. A trial by jury is requested.
Case number: 09-C-86