THIS JUST IN: Boone County

by Harmon Marks |
Sep. 4, 2009, 2:00am

July 27
Shirley L. Tincher and Thomas E. Tincher vs. Market Management LLC, Gregory M Brewer and Susan J. Brewer
PA-Jacqueline A. Hallinan; J-Thompson
* Shirley Tincher says she was injured by defendants' negligence and failure to provide a safe public accomodation when she visited their Sam's Hot Dog restaurant and gambling parlor in Comfort in July 2007.
Case number: 09-C-221

Aug. 5
Bennett & Daughter Security Associates Inc. vs. Shaffer & Shaffer PLLC and Susan Cannon-Ryan
PA-Sherri D. Goodman; J-Hoke
* Case stems from a 1999 judgment in Kansas against Paxton K. Spencer Jr. for $163,340. Spencer located later to Boone County. The Kansas-based plaintiff seeks damages from defendants it had hired in West Virginia to collect on a 1999 judgment. Spencer's interest in real estate and mineral rights was involved in the original proceeding. Such interest, Spencer testified, was transferred to his wife, Nola Jane. Case was sent to Boone County from Kanawha County.
Case number: 09-C-224

Aug. 10
State of West Virginia ex. rel. Darrell V. McGraw Jr., Attorney General vs. CVS Pharmacy Inc., Kmart Holding Corp., The Kroger Co., WalMart Stores Inc., Walgreen Co. and Target Stores Inc.
PA-Brian A. Glasser, John W. Barrett, Michael L. Murphy; J-Thompson
* McGraw wants a jury to bring injunctive relief against the six defendants and determine awards for civil penalties, restitution and disgorgement for violation of state law governing generic drug pricing. Complaint says defendants' stores regularly overchage in violation of the West Virginia Consumer Credit & Protection Act.
Case number: 09-C-226

Green Tree Servicing LLC, as successor servicer for Dynex Financial Inc. vs. Cynthia McKinney
PA-Timothy J. Amost; J-Thompson
* Green says the Danville resident is deliquent on a $60,000 promissory note and seeks authority to repossess her mobile home.
Case number: 09-C-227

Aug. 12
Michael Keyes vs. Hygeia Facilities Foundation Inc. dba Raleigh Boone Medical Center
PA-Douglas V. Atkins; J-Thompson
* Keyes seeks general and punitive damages, lost wages and legal expenses because the Whitesville non-profit clinic disclosed his confidential medical records to unauthorized persons.
Case number: 09-C-230

Aug. 17
Rexold Pauley, individually and on behalf of the estate and wrongful death beneficiaries of Gladys Pauley vs. Advocat Inc., Diversicare Leasing Corp., Diversicare Management Services Co, Sterling Health Care Management Inc., Omega Healthcare Investors Inc., Kimberly E. Toney, John Does 1-10 and Unidentified Entities 1-10 (as to Boone Nursing Home & Rehabilitation Center)
PA-Michael J. Fuller Jr.; J-Thompson
* Gladys Pauley lived in the Boone Nursing Home & Rehabilitation Center from June 2007 until her death Aug. 24, 2007. Suit claims the 89-year-old woman died as a result of injuries suffered during the two months she was in the skilled nursing facility in Danville. "The scope and severity of the recurrent wrongs inflicted upon Gladys Pauley ... accelerated the deterioration of her health and physical condition," the suit states. The plaintiffs seek actual and punitive damages, attorney fees and court costs.
Case number: 09-C-232

Aug. 19
Robert L. Bell Jr. vs. Betty M. Woodruff Bell, executrix of the estate of Robert L. Bell Sr., and Betty M. Woodruff Bell, individually
PA-Charles E. Hurt; J-Thompson
* Bell Jr. seeks judgment for $27,705 plus interest, costs and attorney fees he says he is owed from the deceased's estate. Bell Jr. filed a claim against the estate approved by the Fiduciary Commissioner last February and the County Commission last June 16. He says the defendant has failed to pay claims and distributed estate assets to herself.
Case number: 09-C-233

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