THIS JUST IN: Boone County

By Harmon Marks | Oct 23, 2009

Sept. 23
Brian K. Miller vs. Virginia Drilling LLC and William K. Cheek
PA- Mark A. Atkinson; J- William S. Thompson
* Miller says he was "willfully, maliciously and unlawfully terminated" last June after five years of employment. He wants jury awards of lost wages and benefits, back and front pay, punitive damages, prejudgment interest, and attorney fees and court costs.
Case number: 09-C-261

Vanderbilt Mortgage and Finance Co. vs. George and Sharon Runion
PA- Marc B. Lazenby; J- William S. Thompson
* Complaint says the Seth couple obtained a March 2006 loan of $20,796. Vanderbilt cites terms granted a security interest in the Runions' mobile home that Defendants sold to a third party. No monthly payments on the loan were made since last March and the finance company requests judgment for $20,819, plus interest accrued after September, post judgment interest and further relief deemed appropriate.
Case number: 09-C-263

Sept. 24
Lesly Sexton Boggs vs. Barry S. Boggs
PA- pro se; J- William S. Thompson
* The Turtle Creek woman is suing for $9,000 she says she gave Barry Boggs to deposit in his account for the purpose of purchasing a vehicle for her after they married in May 2008. The marriage lasted a short time and Lesly says her name never was added to Barry's bank account. She says in four months time he bought two vehicles and a boat costing $8,000. Their divorce settlement gave her the truck. "Mr. Boggs took complete advantage of the fact that I loved him and wanted to marry him ..." Lesly complains.
Case number: 09-C-265

James and Patsy Atkins vs. James "Tug" and Connie Price
PA- Bobby R. Hale; J- William S. Thompson
* The Atkinses presented an ex parte motion for a temporary restraining order. The Prices were accused, among other things, of damaging and destroying Atkins' property, trespassing, attempting to exclude Plaintiffs from their property, threatening Plaintiffs and family members, and allowing the Price's vicious dog to roam freely in the neighborhood. Judge Thompson granted temporary restraining order and scheduled an Oct. 28 continuance on the matter.
Case number: 09-C-266

Sept. 28
Freddie Adams vs. Handley Funeral Home Inc.
PA- Paul L. Frampton Jr.; J- William S. Thompson
* Adams says the Danville funeral home discharged him last August in retaliation for seeking workers' compensation benefits. He wants a jury to award him damages for lost wages and benefits, back and front pay, and also punitive damages, prejudgment interest and attorney fees and costs.
Case number: 09-C-267

Oct. 5
Christina M. Walls, individually and as Administratrix of the Estate of Joshua Dean Walls, deceased, and as Parent and Next Friend of Annabella J. Walls, Gabriella P. Walls and Joshua D. Walls Jr., infants vs. The Potential Heirs and Distributees of the Estate of Joshua Dean Walls
PA- J. Robert Rogers; J- William S. Thompson
* J.D. Walls was fatally injured in a head-on collision last July on W.Va. 85 near Quinland. Hs widow, Christina, requested Court approval of $100,000 in insurance settlements for wrongful death. Judge Thompson granted the Petition to Settle Claims and set Oct. 21 for a hearing.
Case number: 09-C-227

Oct. 9
Joseph L. Justice vs. Independence Coal Co. Inc. d/b/a Endurance Mining Co.
PA- Todd Bailess; J- William S. Thompson
* Complaint says the coal company's endloader operated by Justice in April 2008 at the West Cazy Surface Mine had an unsafe parking brake. Justice claims the company failed to maintain the endloader that resulted in his serious injury, and soon after he attempted to receive workers compensation benefits he was subjected to discrimination, harassment and retaliation, then "constructively discharged." He wants a jury to award damages for lost wages and benefits, back and front pay, plus determine punitive damages, prejudgment interest and legal costs.
Case number: 09-C-274

John Eye vs. Progressive Casualty Insurance Co. Inc., Jim Lively Insurance Inc. and Gil DeLaRosa, Agent
PA- Todd A. Mounts & K. Brian Adkins; J- William S. Thompson
* Ambiguity of insurance policy language, according to the Complaint, and information provided by his insurance agent are contested in Eye's quest to recover $61,887 got his insured mobile home that was stolen on October 2007. He was paid $30,500 by Progressive, citing his policy's declarations page that places liability limits as "The lesser of Actual Cash Value Less Deductible Or The Marker Value $61,887." Eye demands jury judgment against the Defendants, jointly and severally, "for such damages as may bo proven by the evidence ..."
Case number: 09-C-275

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