THIS JUST IN: Boone County

By Harmon Marks | Oct 9, 2009

Sept. 3
Doug Bender vs. Independence Coal Co. Inc., Massey Coal Services Inc. and Massey Energy Co.
PA-Harry M. Hatfield; J-Thompson
* Bender, employed some 10 years by defendants, says he was unlawfully terminated last Aug. 14. He wants compensatory damages for, among other things, lost wages and benefits and back and front pay as well as punitive damages.
Case number: 09-C-248

Michael A. Angel and Angela M. Angel vs. Robert H. Smith
PA-pro se; J-Thompson
* The Angels contest a handwritten 30-day moving notice signed by Smith last Aug. 28. They chronicle a land contract agreement signed in May 2008 for property in Julian they say they complied with. They cite $,9777 paid out on the Middle Horse Creek Road property and difficulty locating Smith while residing there. They seek their money back and time we put in the place plus stress of moving. They also seek court costs.
Case number: 09-C-249

Sept. 8
Billy Akers vs. Thunderhill Coal LLC, Jupiter Coal Co. Inc. and Walker Machinery Co.
PA-Mark Hobbs; J-Thompson
* In a September 2007 incident, Akers was driving an articulating truck at Thunderhill strip mine. He says workers told management the truck maintained by Walker Machinery was unsafe. He put the truck in reverse when something snapped and the vehicle went backward at high speed hitting a berm that caused it to roll over. He seeks joint and several compensatory damages for injuries. He also seeks a bifureated proceeding to determine proper workers' compensation.
Case number: 09-C-252

Billy Akers vs. Volvo Group North America Inc. and Rudd Equipment Co. Inc.
PA-Mark Hobbs; J-Thompson
* This product liability complaint follows Akers' personal injury suit listed above. He says the Volvo truck sold by Rudd was defective in design, workmanship and was "inherently dangerous." He seeks joint and several compensatory damages plus punitive damages, pre-judgment interest on out-of-pocket expenses.
Case number: 09-C-253

Sept. 21
Rexold Pauley, individually and on behalf of the estate and wrongful death beneficiaries of Gladys Pauley vs. Omega Healthcare Inc. and Kimberly E. Toney, administrator of Boone Nursing and Rehabilitation Center
PA-Michael J. Fuller Jr.; J-Thompson
* Gladys Pauley resided in Boone Nursing and Rehabilitation Center from June 2007 until her death Aug. 24, 2007, at age 89. The suit alleges 12 counts of negligence, state law violations, medical malpractice, malice, fraud and breach of fiduciary duty. Plaintiffs seek compensatory and punitive damages and court costs.
Case number: 09-C-259

Daniel Leonard, administrator ad prosequendum of estate of Sallie Rae Leonard, deceased, and in his own right vs. Mylan Inc., Mylan Pharmaceuticals Inc. and Mylan Technologies Inc.
PA-Troy N. Giatras; J-Thompson
* Complaint says the Michigan woman was found dead Sept. 22, 2007. The medical examiner determined death was caused by "acute fentanyl overdose." Daniel Leonard says he was was given a prescription for Mylan fentanyl patches and was wearing one of the patches when she died. He seeks joint and several compensatory damages, court costs and fees.
Case number: 09-C-260

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