CIVIL FILINGS: Lincoln County

by Harmon Marks |
Mar. 5, 2010, 1:00am

Jan. 15
Branch Banking & Trust Co. vs. Jenny and Dennie Carver
PA- Christopher R. Moore; J- Jay M. Hoke
* BB&T says Alkol couple defaulted their contract and security agreement to finance more than $30,000 for purchase of a new 2005 Ford Explorer. Vehicle was repossessed and sold, with a deficiency balance of $11,500 remaining. Complaint seeks deficiency balance, plus pre-judgment interest at the May 2005 contracted annual rate of 7 percent from March 18, 2009, post-judgment interest, and litigation costs.
Case number: 10-C-2

Jan. 22
Harmon Gas Co. vs. Jennifer Bragg-Adkins
PA- Britt Freund, George Patterson III; J- Hoke
* Company complains Bragg-Adkins continued to take natural gas at her Palermo residence after Harmon removed her connection and meter last April, because of some $457 in unpaid and current invoices dating back to March 2009. Company says she had been notified service would be disconnected pending payment, but a welltender's routine inspection last November discovered Bragg-Adkins; gas lines and facilities were reconnected. Judge Jay M. Hoke issued a March 1 order granting default judgment against the Defendant and awarded Harmon Gas permanent injunctive relief to disconnect and remove the woman's line and facilities. Judge Hoke allowed the company's $457 claim, plus pre- and post-judgment interest, costs and expenses.
Case number: 10-C-4

Lisa and Michael Coggins vs. Teresa Lovejoy, as Administratrix of the Estate of Alvin D. Lovejoy, and Kurt G. Norris
PA- M. Andrew Brison, Natalie C. Schaefer; J- Hoke
* Winfield couple seeks jury judgment, jointly and severally, against Defendants to fairly and fully compensate them for personal injuries and damages resulting from a September 2008 vehicle collision on W.Va. Route 34 in Hurricane. Suit alleges decedent Alvin Lovejoy was intoxicated when driving a pickup truck owned by permanent and lasting injuries to Lisa Coggins and that Michael Coggins will sustain loss of society, services, consortium, guidance, kindly offices and companionship of his wife.
Case number: 10-C-6

Shannon Stout, as mother and next best friend of Brendon Stout, infant
J- Hoke
* Judge Hoke's procedural order of Jan. 27 granted a motion to dismiss (Lincoln case number 10-C-7) by Counsel Brian D. Morrison on behalf of Leslie M. Sachs Jr. Sachs was the driver of an automobile that struck another driven by Gary W. Stout, grandfather of 12-year-old passenger Brendon Stout in July 2008 in Lewis County. Shannon Stout petitioned Lincoln Circuit Court for permission to settle personal injury claims of infant Brendon. She reviewed gross insurance settlements of $40,000 that covered medical expenses and left a net to Brendon of $17,204 and asked Court permission to deposit that amount in an interest bearing account until her son reaches age 18 in May 2015. Since the subject vehicle accident occurred in Lewis County, where the Stouts and Sachs reside, Hoke cited lack of jurisdiction and venue for his Court.
Case number: 10-C-7

Feb. 12
Verenia and Johnny Abbott, et al vs. Rockspring Development, Inc.
PA- Craig B. Griffin, Michael L. Glasser; J- Hoke
* Abbots and some 28 other Plaintiffs detail 12 acts of omissions and violations of State Law and the company's coal mining permit they say applies to a substantial area in Lincoln and Wayne counties. They want jury judgment for damages and declaratory relief, essentially for contaminating residential well water supplies, subsidence damage to land and/or structures, annoyance and inconvenience, as well as numerous other grievances. Rockspring mines underground in the 10 Mile Creek Road, 14 Mile Creek Road and adjacent areas near properties of the Complainants, with the company's place of business near East Lynn in Wayne County.
Case number: 10-C-12

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