THIS JUST IN: Boone County

By Harmon Marks | Aug 7, 2009

June 30
Wendie Cook, individually and as executor of the estate of Jerry Dean Cook vs. Globe Life & Accident Insurance Co. and the West Virginia Life & Health Insurance Guaranty Association
PA-Wendle Cook; J-William Thompson
* Cook seeks payment of $160,000 death benefit on a Globe Life policy purchased by J.D. Cook in February 2003. Charging breach of contract, the complaint also wants a jury award of punitive damages and pre-judgment interest, expenses, costs and other relief.
Case number: 09-C-154

July 1
Addam Perdue, Melanie Perdue and Brayden S. Perdue, a minor vs. Alex Energy Inc., Massey Energy Co., Massey Coal Services Inc. and Nicholas Energy Co.
PA-Mark R. Staun; J-Thompson
* Complaint seeks damages related to a Sept. 28, 2008, workplace injury to the then 21-year-old Addam Perdue at Alex Energy's No. 1 Surface Mine in Drennen in Nicholas County. He was "struck and pinned by a hyddraulically controlled blast shield panel on a highway miner," causing severe, permanently disabling and debilitating injuries and facial trauma, the loss of sight in the right eye and hearing loss in the left ear.
Case number: 09-C-155

July 6
Donnah Moore vs. Thomas N. Green, individually and as administrator of the estate of Donald Dean Moore and John Price
PA-Todd A. Mount, K. Brian Adkins; J-Thompson
* The plaintiff, from Fort Myers, Fla., seeks proper title for $180,000 in certificates of deposit at Whitesville State Bank owned by the late D.D. Moore. The Boone County Commission confirmed in June 2007 "a short form" estate settlement, listing Donnah Moore as sole beneficiary. She wants clarification concerning non-probate assets.
Case number: 09-C-157

July 8
Gregory A. Lester vs. Elk Run Coal Co. Inc.
PA-Rudolph L. DiTrapano; J-Thompson
* Complaint cites an October 2007 head injury at Elk Run's underground mine at Round Bottom allegedly caused by a defective operator protection canopy on a roof bolting machine that fell on Lester. He was knocked unconscious and suffered head, neck and back injuries. He claims medical advice forced him to quit his employment following six months off the job and he seeks judgment to fairly compensate him for his injuries and other damages plus legal fees.
Case number: 09-C-159

July 10
Mickey Cline and Vanessa Cline vs. Mine Safety Appliances Co. and Persinger Supply Co.
PA-G. Todd Houck; J-Thompson
* A miner for 26 years, Cline used respirators made and sold by defendants. He claims those respirators "leaked substantial amounts of harmful dust into his breathing zone," ultimately causing him to develop "black lung." He seeks compensatory damages.
Case number: 09-C-161

Green Tree Servicing LLC vs. Roger D. Baldwin Jr.
PA-Jason S. Long, Jennifer S. Caradine; J-Thompson
* Green Tree says Baldwin has defaulted on a September 2001 loan totaling $109,628 to purchase a mobile home, which allows the company to repossess the Fleetwood unit.
Case number: 09-C-162

Brian Powell vs. Roger Ross, individually and dba Roger's Logging, Gilbert Lumber Co. Inc. and John Does 1-10
PA-Brett J. Preston; J-Thompson
* The plaintiff, from Racine, says he suffered disabling burn injuries and medical bills of more than $250,000 when Ross, his supervisor, assigned him to burn a brush pile left from clear cutting a Big Ugly worksite. Before leaving the brush pile, Powell was told to use "mixed chainsaw gasoline contained in a milk jug" for the burning, contrary to state and federal regulations. The container ignited and exploded, "spewing gasoline and fire over his body." He seeks compensatory and punitive damages, jointly and severally, plus costs, fees, pre- and post-judgment interest and other relief.
Case number: 09-C-164

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