Cheryl and Randy McCullough vs. Rosalee Juba-Plumley, in her capacity as executrix of the estate of Stanley Evans
PA-Brian Casto; J-Spaudling
* The plaintiffs, who live in Pocahontas County, claim they have right to a tract of land in Pocahontas County that was owned by the late Stanley Evans. They say they entered into a contract with Evans on May 29, 2009, before his Aug. 7 death. They seek a declaration imposing a constructive trust on the property and declaring them the beneficiary of such trust.
Case number: 09-C-436
Janice C. Smith vs. Billy Lee Coleman, individually, and Wheels LT
PA-Thomas R. Goodwin and Susan C. Wittemeier; J-Spaulding
* Smith, of Jackson County, says Coleman was working for Wheels LT, an Illinois business trust, on Nov. 1, 2007, when he rear-ended her vehicle on Interstate 64 near Milton in Cabell County. She claims negligence on Coleman's part and vicarious liability on Wheels LT's part. She says she has incurred medical expenses, lost wages, pain and suffering, mental anguish, emotional distress and loss of enjoyment of life. She seeks joint and several compensatory damages, punitive damages, attorney fees, costs and other relief.
Case number: 09-C-437
CJH Inc. vs. Quadruple S Farms LLC
PA-Kenneth E. Webb Jr. and Carol M. Jansons; J-Stowers
* CJH is a business that owns property on Putnam Village Drive where a Days Inn resides. Defendant owns adjacent property. CJH says high walls of rock from the defendant's property began to deteriorate and descend on plaintiff's property, causing structural and other damage to the motel. The walls also altered the flow of water onto the plaintiff's property, causing standing water and the growth of mold. CJH seeks compensatory damages for loss of use, loss of business income and cost to repair structure and property. It also seeks to have the defendant repair and maintain its property. It also seeks punitive damages.
Case number: 09-C-438