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WEST VIRGINIA RECORD

Wednesday, April 24, 2024

CIVIL FILINGS: Cabell County

March 2
Deborah Handshoe vs. Psychological Assessment and Intervention Services Inc.
PA- Timothy P. Rosinsky; J- David M. Pancake
* Handshoe was hired by the defendant as a therapeutic consultant and claims she was never disciplined and always performed her job duties in a professional and exemplary manner. Handshoe's employment was terminated on Jan. 22, 2010. When Handshoe was hired, Tina Grey was the defendant's clinical director and was fired at approximately age 40, according to the suit. Handshoe claims during an IRC meeting, Dale Rice, owner of PAIS, said that "old people did not make good employees." Handshoe is seeking compensatory and punitive damages and reimbursement for expenses in the amount of $80.
Case number: 10-C-177

March 3
The Testamentary Trust for the Benefit of Constance N. Hayden, Paula L. Harbour, trustee vs. Ken Gainer, the Weiler Realty Group, Inc. d/b/a Re-Max Realty Consultants, the Janes Irrevocable Trust, Jack E. Moore and Michael D. Janes, trustees, and the Cloister Corporation
PA- Marsha Dalton; J- David M. Pancake
* On Nov. 30, 2009, Harbour and the defendants entered into a contract to purchase property for $199,400, with additional agreements that the kitchen cabinets were to be changed at no additional charge, according to the suit. Harbour claims the seller was also to allow $3,300 toward upgrades. The defendants accepted $1,000 in earnest money from the plaintiff and closing was to be on or before Feb. 23. On Dec. 21, 2009, Gainer informed Harbour that he was no longer willing to honor the contract, according to the suit. Harbour is seeking for a temporary injunction prohibiting the sale of the property.
Case number: 10-C-181

Tammy Clark and Jimmy Dale Clark, vs. C.R. Bard Inc., Covidien Inc. d/b/a Sofradim Production
PA- Paul T. Farrell Jr., Lawrence J. Tweel, J. Robert Rogers; J- F. Jane Hustead
* Mrs. Clark was implanted with products of the defendants during a surgery performed by Dr. Mitchell E. Nutt at St. Mary's Medical Center. The Clarks claim the defendants had a duty to individuals to use reasonable care in designing, manufacturing, marketing, labeling, packaging and selling products and were negligent in failing to do so. The Clarks are seeking compensatory and punitive damages.
Case number: 10-C-182

March 4
Victory Place LLC vs. the Honorable Ottie Adkins, assessor of Cabell County, and the County Commission of Cabell County
PA- Herschel H. Rose III, Steven R. Broadwater; J- David M. Pancake
* The Assessor of Cabell County set the appraised value of Victory Place's property at $2,872,600 in 2010. Victory Place, which participates in the federal low-income housing tax credit program, appeared before the County Commission on Feb. 16 and contested the assessment, according to the suit. Victory Place claims the assessor erroneously overvalued its properties and that its actual value was $1,450,000. Victory Place is seeking an order that the increase in value be voided and orders for the appraised and assessed values be reduced.
Case number: 10-C-188

Ronald Smith, an individual, and Amelia Smith, an individual vs. Heiner's Bakers d/b/a Earthgrains of West Virginia Inc.; Sara Lee Corporation; Jeff Barrett and Does 1 through 15, inclusive
PA- J. Patrick L. Stephens, Mark F. Underwood; J- F. Jane Hustead
* On April 10, 2008, Mr. Smith was working at Heiner's Bakery with the pan system when it got jammed and baked up to the oven. Mr. Smith attempted to free the system, as instructed, when one or more pans flew up and struck him, according to the suit. The Smiths are seeking general and special damages.
Case number: 10-C-190

Parks Limited Partnership, Hamlets Limited Partnership and Pine Haven Limited Partnership vs. the Honorable Ottie Adkins, assessor of Cabell County, and the County Commission of Cabell County
PA- Herschel H. Rose III, Steven R. Broadwater
* Adkins appraised the petitioners' properties for the 2010 tax year and the petitioners, who participate in the federal low-income housing tax credit program, appeared before the County Commission of Cabell County to contest the assessments. They claim the assessor erroneously overvalues their properties. They are seeking for an order that the increases in value be voided and orders for the appraised and assessed values to be reduced.
Case number: 10-C-191

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