WEST VIRGINIA RECORD

July 15
Carmen Oliverio and Peggy A. Oliverio, husband and wife vs. Herman G. Blumstein; Michael J. Bilas Inc. and its d/b/a PM Trucking and Michael J. Bilas, individually
PA- J. Michael Benninger; J- Gaughan
* While traveling Interstate 70, a vehicle in which plaintiff's were traveling was struck by Blumstein. They were spun into a tractor trailer. Joint and several compensatory damages are sought.
Case number: 09-C-219

James Allen Derr vs. Marjorie A. Mitchell
PA- Jacob M. Robinson; David P. Robinson; J- Gaughan
* At the intersection of 6th and Main, on July 16, 2007, a collision occurred. Compensatory judgment is demanded for a claim citing Mitchell's failure to yield right of way.
Case number: 09-C-221

July 17
Denise Blazer and Michael Blazer vs. Kathleen L. Solovan
PA- Steven T. Taylor; J- Gaughan
* On July 23, 2007, while traveling on Bethany Pick, Denise Blazer was struck on the right side of her vehicle. Compensatory damages are sought for bodily injuries.
Case number: 09-C-223

Jeffrey Bohus vs. Herman G. Blumstein and Michael J. Bilas Inc. d/b/a PM Trucking
PA- Jacob M. Robinson and David P. Robinson; J- Gaughan
* Blumstein was operating a Mack Truck in the course of his employment. A collision in which he was involved pinned Bohus' Silverado to a guardrail. He suffered head and neck injuries as a direct and proximate result of this negligence. Compensatory damages are demanded, jointly and severally.
Case number: 09-C-224

July 22
Mid–America Fire and Casualty Company, as Subrogee of Charles F. Menzel vs. Richard Smith and Crete Carrier Corporation
PA- Andrew N. Frye, III; J- Gaughan
* Charles F. Menzel sustained damages as a result of an automobile accident on August 28, 2007. A judgment for $6,295.94 is sought for property damages paid by Liberty Mutual to their insured.
Case number: 09-C-228

James G. Bordas Jr. and Linda M. Bordas vs. Ernest L. Coffindaffer, Wachovia Securities LLC and Wells Fargo Advisors LLC (formerly Wachovia Securities LLC)
PA- James G. Bordas Jr., Geoffrey C. Brown and James B. Stoneking; J- Recht
* Defendants repeatedly assured plaintiffs that the downturns of the market would not hinder their deliverance on their grantees. This misplaced trust resulted in substantial monetary loss. Egregious fraud warrants punitive damages to deter defendants from engaging in similar future conduct.
Case number: 09-C-229

Timothy Ray and Patty Ray vs. Wheeling Island Gaming Inc. d/b/a Wheeling Island Hotel Casino Racetrack
PA- Jacob M. Robinson; J- Wilson
* Plaintiff claims he tripped and fell on his way to the greyhound betting windows. Permanent injuries have affected his ability to enjoy life and he seeks compensatory damages.
Case number: 09-C-230

July 23
Krystal D'Aquila, Dong D'Aquila, Hannah D'Aquila and Luca D'Aquila, minors, by and through their parents, Krystal D'Aquila and Doug D'Aquila vs. Rebecca Edgell
PA- Elgine Heceta McArdle; J- Gaughan
* On May 29, 2008, on Washington Avenue, Krystal D'Aquila was struck while walking with and holding her daughter Hannah's hand. The injuries suffered to her back and body were a result of her flying into the air and hitting her head against the windshield of the car. A trial by jury is demanded.
Case number: 09-C-231

FA Management Inc. vs. I B Property Holdings LLC
PA- David J. Sims; J- Recht
* Plaintiff purchased the McLure Hotel on Market Street in Wheeling. A 2007 personal property tax bill of $10,687.50 was not paid. Judgment for this amount along with $5,000 attorney fees is sought.
Case number: 09-C-232

July 26
Gumby's LLC dba Geno's, Apex Self- Storage LLC and Apex Car Wash LLC vs. The Village of Bethlehem
PA- Donald A. Nickerson; Scott C. Brown; J- Gaughan
* The deeds conveying property contain restrictive covenants prohibiting alcohol distribution and adult gaming activities. A judicial declaration is appropriate as circumstances have changed and these devices are now legal in West Virginia.
Case number: 09-C-234

July 28
Sheila Johnson and John Johnson individually and on behalf of Austin Johnson and John Clayton Johnson, minors vs. Dale Kurner and State Auto Insurance Companies
PA- Joseph J. John; J- Gaughan
* On Sept. 25, 2008, on Cherry Hill Road, defendant collided with plaintiffs. A blood alcohol content above 0.08 contributed to the willful and wanton disregard to plaintiff's safety. Property damage of $15,000 incurred and it was agreed that the check received from State Auto, for $9,269.22, was partial payment. Compensatory and punitive judgment is demanded.
Case number: 09-C-235

July 29
Brent Mosa, Susan Mosa, Garret Mosa, a minor, by and through his father and next friend, Brent Mosa, and Levi Mosa, a minor, by and through his mother and next friend, Susan Mosa vs. Robert Orum
PA- Scott S. Blass; J- Wilson
* Plaintiffs were tenants of an apartment on Chapel Hill Road, on Dec. 11, 2008. Orum owned and operated an automotive repair shop on the same premises. Solvents ignited and exploded where Garret and Brother Levi Mosa were playing outdoors. Medical expenses incurred and judgment is demanded for compensatory and general damages.
Case number: 09-C-237

July 30
Diana Mey, individually and on behalf of a class of all persons and entities similarly situated vs. The Pep Boys–Manny, Moe & Jack, Southwest Vehicle Management Inc. and Lanelogic Inc., d/b/a Caroffer.Com
PA- John W. Barrett; J- Gaughan
*Defendants sent pre-recorded telemarketing solicitation to Mey's home in violation of FCC regulations. Consumers were contacted who had listed their used cars for sale on the Internet. Injunctive relief is sought to restrain defendants from engaging in future telemarketing via pre-recorded messages.
Case number: 09-C-238