THIS JUST IN: Ohio County

By Denise Simpson | Jan 8, 2010

Dec. 3
Donald Scott and Janet Scott vs. The Kroger Co.
PA- Ronald W. Zavolta; J- Recht
* Scott was walking through the Mt. DeChantal Road premise when he slipped and fell on the parking lot surface. As a direct and proximate result of negligence, he claims a sustained diminution of his capacity to care for himself for which compensatory damages are demanded.
Case number: 09-C-414

Arianne White vs. Oasis & Miller, Inc. and Sparachane Realty, Inc.
PA- Ronald W. Zavolta; J- Wilson
* Defendant Oasis was hired by Sparachane, on Dec. 7, 2007, to repair related maintenance work on the Moncrief furnace located at defendant's rental property. He was caused to sustain substantial injuries resulting from carbon monoxide exposure at the National Road apartment. Divers and sundry hospital expenses for medical care, in excess of $16,000, have been incurred.
Case number: 09-C-415

Dec. 7
Lori Jo Cunningham McGlumphy, Executrix of the Estate of George William Couch vs. Shawn W. Couch
PA- William J. Ihlenfeld II; J- Gaughan
* At the time of his death on Jan. 16, 2007, George Couch was the sole owner of certain real estate located in Florida and West Virginia. The Executrix requests this Court appoint a Guardian ad Litem for defendant Couch and thereafter enter an Order authorizing the transfer of the subject real property without bond
Case number: 09-C-416

Kalkreuth Roofing and Sheet Metal, Inc., a West Virginia corporation vs. Ohio County Development Authority, a West Virginia public corporation
PA- Ericson P. Kimbel; J- NA
* The parties orally agreed the Kalkreuth would perform this repair work on a time and material basis. Kalkreuth performed this work between March and July of 2007. Documented time and material were submitted in two invoices totaling $16,194.00. Despite repeated demands, Kalkreuth remains unpaid, inter alia, $185,278.12.
Case number: 09-C-417

Dec. 8
Charleen M. Hatten and Robert A. Hatten vs. Kayla P. Scott and Charles D. Scott, Jr.
PA- Shane M. Mallett; J- Gaughan
* On Dec. 8, 2007, Kayla Scott is said to be negligent by following too close, failing to maintain control, and causing a collision with Charleen Hatten. As a direct and proximate result of these acts at the Eastbound lane of I70, she incurred divers and sundry medical expenses in excess of $10,000. Specific and general relief is sought.
Case number: 09-C-418

Jannell Williams, as the Personal Representative of the Estate of Kenneth Williams vs. Werner Enterprises, Inc. a Nebraska Corporation; et al.
PA- Christopher J. Heavens; J- Gaughan
* On Jan. 12, 2009, Kenneth Williams was a passenger of Quentin Rutledge, who lost control of the Freightliner causing it to flip over and leave the roadway. The vehicle burst into flames causing the death of both individuals. As a direct and proximate result of Freightliner's failure to provide adequate labels, warnings, and instructions, Plaintiff suffered great harm in that Kenneth Williams, sustained severe injuries and was burned alive until he died. The personal representative requests punitive damages to compensate the Estate.
Case number: 09-C-419

Ken Lindheimer vs. Stephanie K. Stahl, and Bradley M. Stahl
PA- Brett M. Ferro; J.D. Miller; J- Gaughan
* Defendant Stephanie Stahl, on Aug. 16, 2009, was driving East on Rte. 40, was she swerve and struck the guard rail on the right side of the roadway after she began to swerve and finally several trees belonging to the plaintiff. Damages are requested, jointly and severally, in the amount of $9,588.60 for the damages.
Case number: 09-C-420

Dec. 10
Michael L. Zollman vs. CSX Transportation, Inc.
PA- H. Keith Moore; J- Recht
* During his employment by the railroad, Defendant failed to warn the Plaintiff of the risks associated with exposure to excessive vibration, force and repetitive and unnatural motions and positioning of the hands. By reason of injury, plaintiff has been obliged to seek and continue to seek medical attention. Judgment of one million dollars is demanded.
Case number: 09-C-421

Jennifer E. Crowder vs. John A. Gray, d/b/a J.A. Gray Excavating
PA- Scott C. Brown; J- Wilson
* While traveling on Route 88, on Dec. 11, 2007, defendant negligently drove his dump truck into the front passenger side of the plaintiff's vehicle. She suffered physical pain and a diminishment to fully function as a direct and proximate result of defendant's negligence. Compensatory damages are demanded for reasonably certain future suffering.
Case number: 09-C-423

Dec. 11
Nelson Smith vs. Aaron T. Bradley and The City of Wheeling, a Municipal Corporation
PA- Jacob M. Robinson; J- Recht
* On Dec. 12, 2007, Plaintiff Smith's vehicle was damaged when a deteriorated, rotted, and decayed tree collapsed and fell on his vehicle which was parked on Bradley's 14th Street property. Bradley failed to maintain the defective condition of said tree and it is claimed Wheeling failed to exercise care to maintain the public roadway. Compensatory relief is demanded.
Case number: 09-C-425

Dec. 15
Hospitality Appraisals, Inc. vs. Ohio County Development Authority
PA- Holly S. Planinsic; J- Gaughan
* Defendants were hired to perform market feasibility studies with respect to the Central Business District, in Wheeling, known as "The Highlands." Plaintiff will continue to suffer substantial damages as a result of defendant's failure to pay the past due amount of $19,000.00. Prejudgment interest and other relief deemed just and proper by the Court is requested.
Case number: 09-C-429

Dec. 16
Erica Herman vs. Ronald Linabarger, Jr.
PA- Daniel M. Balgo; J- Wilson
* Plaintiff and defendant own property on Merwin Street as joint tenants with rights of survivorship. They no longer cohabitate on the subject property and have been unable to agree on a suitable equitable division. Request is made that this Court appoints a Special Commissioner to facilitate the property sale and equitably divide the net proceeds.
Case number: 09-C-431

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