CIVIL FILINGS: Boone County

by Harmon Marks |
Feb. 26, 2010, 1:00am

Feb. 1
Donnie & Terry Hicks vs. Danny J. & Sherry L. Hicks
PA- Brian Casto; J- William S. Thompson
* Plaintiff Hicks brothers, saying they are "attorneys in fact" for father Grady Hicks, cite a purported deed conveying two tracts of property to Defendants was obtained from Grady Hicks "through undue influence" in January 2008. Fraudulent conduct is charged, complaining Grady Hicks was diagnosed with dementia in 2004 and designated Donnie and Terry has attorneys in fact to protect his interests. Danny J. Hicks also is Grady's son.
Case number: 10-C-31

Ernest H. & Margaret Thompson vs. Whitesville State Bank
PA- Jennifer S. Wagner; J- Thompson
* Thompsons say Bank breached its duty of care by misrepresenting insurance coverage of financed property at Dameron and its security interest. Complaint says Thompsons obtained a loan from Whitesville Bank in December 2004 for more than $68,000 to purchase a mobile home to place on their Naoma property. They planned to sell their home at Dameron after making improvements there and believed their loan was secured by both properties, with group hazard insurance held by the bank. There was disagreement over the Thompsons selling the Dameron property to a buyer they found and use the proceeds to pay off a portion of their loan's principal balance. In October 2007 the Dameron home burned due to an electrical line fall. By the end of September 2009, Defendant continued debt collection activities again the Thompsons. They seek jury awards for actual damages, civil penalties of $4,400 for each violation of State Code Sections 46-A-5-101(1) and 106, plus litigation costs.
Case number: 10-C-32

Boone County Bank vs. Linda Searls
PA- Thomas A. Zamow; J- Thompson
* Bank seeks $22,998, plus interest and court costs, it says Searls owes on the difference from a defaulted real estate loan of $90,709 less $75,000, or the amount obtained from a foreclosure sale.
Case number: 10-C-33

Feb. 2
Cecil Lilly vs. James E Gray
PA- William B. Hicks; J- Thompson
* Complaint says Gray crashed into Lilly's pickup truck as Lilly was getting into his vehicle after striking two parked vehicles off W.Va. Route 85 near the Foggy Ridge Road intersection in February 2008. Complaint cites severe damage to Lilly's truck and personal injuries. Graves was charged with driving under the influence of alcohol on the completed traffic report. Lilly seeks jury judgment to recover general, special and punitive damages, plus pre- and post-judgment interest and court costs.
Case number: 10-C-34

Feb. 5
Pansy Adkins, individually and as Administratrix of the Estate of Roy M. Fleming vs. Leonard Bartram
PA- J. Ryan Stewart; J- Thompson
* Fleming was fatally injured in Wayne County when the vehicle he and Bartram were traveling in went over a bridge on Big Lynn Creek Road and into a creek. Investigating who was actually driving Bartram's vehicle, Adkins seeks a verified Petition For Injunctive Relief to obtain medical records, the EMS report and blood sample/tyle, or DNA sample from Bartram. Petitioner is investigating possible wrongful death resulting from the Jan. 25, 2009, accident.
Case number: 10-C-38

Feb. 9
Michael Spencer vs. Town of Chapmanville, Harold Lane, Steven Savage and Jerry Price Jr.
PA- Wendle D. Cook; J- Thompson
* Hewett resident Spencer was terminated as an employee of the Town of Chapmanville in February 2008. He says Defendants conspired to retaliate because he formally complained that Savage was convicted in Michigan in 188 of second degree sexual conduct with a female minor, and should not be allowed to work in and around schools. Spencer complains Defendants violated State Law, Public Policy and Human Rights Act. He seeks jury award of damages, among other things, for loss of wages, insurance and pension benefits, pre-judgment interest and litigation costs.
Case number: 10-C-39

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