WEST VIRGINIA RECORD

Jan. 12
Mary Muncy vs. Massey Energy Co., A.T. Massey Coal Co., Inc.; Elk Run Coal Co., Inc. d/b/a Black Castle Mining Co.; Independence Coal Co.; Omar Mining Co.; Peabody Energy Corp.; and Heritage Coal Co., LLC f/k/a Pine Ridge Coal Co.
PA- John Sutter, Roger Decanio, John R. Mitchell Sr.; J- William S. Thompson
* Muncy demands jury trial, citing personal injury and numerous other complaints; saying specifically defendants' underground surface coal mining operations in and around the Seth-Prenter area "have disturbed and destabilized the various strata overlaying the aquifers and contaminated aquifers which supply water to the wells from which the residents...drew water for drinking and household purposes." Muncy says, among other things, defendants are liable for "ultra-hazardous and/or abnormally dangerous activities." She seeks judgments jointly and severally for a menu of personal and property damages, award of all litigation costs, court-administered and supervised medical monitoring program and order defendants to provide clean, safe water.
Case number: 10-C-5

18 additional complaints: 10-C-6 through 23 styled as above

Jan. 13
State Farm Mutual Automobile Insurance Co., as Subrogee of Arnold and Tonie Simpson vs. Michelle F. Ellis
PA- Todd A. Mount; J- Thompson
* Simpsons want a jury trial to accelerate payment, with interest and costs, of a March 2003 promissory note balance of $2,430. Complaint reviews an installment agreement for monthly payments of $25 to satisfy damages arising from a Mach 12, 1998, vehicle accident. Because defendant was in a floor situation early in 2004, she was allowed temporarily lower monthly payments to $5. In August 2004 plaintiff requested payments of $25 to resume. Complaint says Ellis made one $5 payment since September 2008.
Case number: 10-C-24

Jan. 19
State of West Virginia and West Virginia State Police vs. 1992 Dodge Shadow & Jeffrey Matney
PA- Asst. Prosecutor Justin A. Marlow; J- Thompson
* Complaint cites State Contraband Forfeiture Act for seizure of the Obetz, Ohio, man's vehicle involved in a drug dealing. State Troopers say a traffic stop in the Racine area resulted in discovery of 20.5 grams of crack cocaine. Judge William S. Thompson scheduled a hearing March 3 on the prosecutor's petition for forfeiture.
Case number: 10-C-28

Jan. 25
Branch Banking & Trusting Co. vs. Denver Silcox Jr.
PA- Christopher R. Moore; J- Thompson
* BB&T seeks more than $8,000 as deficiency balance owed, plus interest, on an October 2008 installment sale contract. The Seth man's Ford Escape was repossessed as contracted security and sold, but after all fees and rebates were satisfied, the bank says Silcox remains indebted for a deficiency balance with annual interest.
Case number: 10-C-30