THIS JUST IN: Boone County

By Harmon Marks | Sep 18, 2009

Aug. 19

Aug. 19
Jason S. Kise, individually, and Laci Kise, an infant, by Jason S. Kise, father and next friend vs. Brook Trout Coal LLC, Magnum Coal Co., Magnum Coal Sales LLC, Catenary Coal Co. LLC, Explo Systems Inc., Elite Coal Services LLC and John Rucker
PA-Marvin W. Masters; J-Thompson
* Complaint says the coal companies and Jason Kise's supervisor Rucker had workers dispose of military munitions on their surface mining site that exposed them to a dangerous chemical substance 2, 4, 6-trinitrophenyl-methylnitramine, known as Tetryl. The Kises charge defendants "failed to provide protection, training, warnings and instructions ... in utter disregard for the safety of workers and their families." Kises demand joint and several compensatory and punitive damages, court costs and pre- and post-judgment interest.
Case number: 09-C-234

Aug. 25
Garrett Tomblin vs. Chrysler Group LLC and Boone Motor Sales Inc.
PA-Joel Baker; J-Thompson
* Tomblin says the implied warranty on his new 2008 Jeep Wrangler was breached. He says, among other things, the vehicle was in for unsuccessful repairs about 113 days since it was purchased in March 2008. He seeks an award refunding him the purchase price with taxes and fees, as well as damages for diminished value of the vehicle, cost of reasonable repairs, loss of use, court costs, pre-judgment interest and replacement of Wrangler with a new vehicle.
Case number: 09-C-238

Aug. 28
James C. Stewart and Terri Stewart vs. Newtown Energy Inc.
PA-Edward G. Atkins; J-Thompson
* The Stewarts seek damages, claiming James suffered three fractures and other injuries last January when a shuttle car operating at Newtown's Eagle Mine slipped down "a steep, muddy, wet and slippery slope" to pin him to the side of the mine.
Case number: 09-C-240

Timothy Deavers and Shirley Deavers vs. Patriot Coal Corp. and Les Hatcher
PA-Tony L. O'Dell; J-Thompson
* Citing the clean coal reclaim tunnel feed gate at Patriot's Rock Lick Prep Plant as "an extremely dangerous apparatus," Timothy Deavers seeks compensatory damages for injuries he sustained in September 2007 while trying to close the feed gate. The plaintiffs seek joint and several compensatory damages with pre- and post-judgment interest and court costs.
Case number: 09-C-243

Sept. 1
Frank Murr vs. Independence Coal Co. Inc dba Progress Coal Co.
PA-Wendle D. Cook; J-Thompson
* Murr says he was wrongly terminated in September 2007 after two years off his job receiving workers' compensation benefits because of back and knee injuries suffered at the Boone County mine. After his claim was closed, he was told no positions were available and was placed on a callback list. But he was refused a layoff notice. Eventually, he says he was told he had been terminated in October 2006. He seeks compensatory damages for loss of present and future wages, insurance and pension benefits, court costs and exemplary and punitive damages.
Case number: 09-C-244

Steven Menear, Kenny White and Freelinda Dingess, individually and as mother/next friend of Bethany Brown, a minor vs. Sarah Simpkins, Peak Property & Casualty Insurance Corp. and Sentry Claims Service
PA-Matthew M. Hatfield; J-Thompson
* Complaint stems from an October 2008 accident on U.S. 119 at Alum Creek. Simpkins is accused of causing the impact that injured all four individuals in the auto owned and operated by Menear. Complainants refused the $25,000/$50,000 liability limits offered by Simpkins' Progressive Classic Insurance Co. policy, citing she is underinsured. Menear is insured by Peak, but the insurer is accused of not offering him underinsured motorist coverage. The complaint demands jury judgment against Simpkins for compensatory, special and general damages plus court costs, pre- and post-judgment interest and separate jury awards of compensatory and punitive damages against Peak and Sentry, plus court costs.
Case number: 09-C-245

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