CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Mar. 12, 2010, 1:30am

March 1
Linda Clark and Raymond Clark vs. Chase Home Finance LLC and John Doe Holder
PA- Nathan J. Fetty, Daniel F. Hedges; J- Jennifer Bailey
* The Clarks consulted with a mortgage broker and claim they were promised a loan with a lower, fixed interest rate of 6.5 percent. On May 1, 2007, the Clarks were refinanced for $112,000. Approximately one to two weeks after the closing, Mrs. Clark examined the loan papers and discovered the loan did not have a fixed 6.5 percent rate as promised, but instead had an adjustable rate starting out at 10.775 percent with the possibility of increasing to 17.775 percent. The Clarks claim when they contacted the lender, they were told it was "too late to do anything about the loan's terms." They are seeking actual damages and civil penalties of $4,000.
Case number: 10-C-388

March 2
Christopher Seabolt vs. Yamaha Motor Corporation, U.S.A.; Yamaha Motor Manufacturing Corporation of America; Yamaha Motor Co., LTD.
PA- Robert V. Berthold Jr., Robert V. Berthold III; J- James C. Stucky
* Seabolt purchase a Rhino off-road vehicle in May 2008 and claims while riding in the front passenger seat near a flat area at a low-rate speed on May 8, 2008, the Rhino tipped/rolled over, pinning his right leg. He claims he incurred approximately $100,000 in medical expenses. He is seeking compensatory and punitive damages.
Case number: 10-C-394

March 3
Josh Furman, individually and on behalf of all others similarly situated vs. Marshall Reynolds, John Cooper, Philip Cline, Daniel Harrington, Douglas Reynolds, Neal Scaggs, A. Michael Perry, Thomas Wright, Phillip Shell, Louis Akers, Kirby Taylor, Portec Rail Products Inc., L.B. Foster Company and Foster Thomas Company
PA- Jeffrey V. Mehalic, Eduard Korsinsky, Eric M. Andersen; J- Carrie Webster
* Furman owns shares of common stock of Portec. He claims the defendants are knowingly or recklessly violating their fiduciary duties, including their duties of loyalty, good faith and independence owed to him and other public shareholders of Portec. Furman is seeking for his action to be declared a class action.
Case number: 10-C-400

James J. Fellin and Rose Marie Fellin, his wife vs. Allied Glove Corporation; Atlas Industries, Inc.; Caterpillar, Inc., et al.
PA- Brian A. Prim; J- visiting judge
* The Fellins claim the 36 defendants exposed Mr. Fellin to dust and asbestos fibers, which caused his mesothelioma. They are seeking compensatory and punitive damages.
Case number: 10-C-403

March 4
Charles R. Wise vs. Alex Parsons and YRC Worldwide Inc.
PA- Shawn R. Romano, Kathy A. Brown; J- Jennifer Bailey
* Wise was employed by the defendants and claims he rarely missed work. On March 3, 2009, he claims he was suffering from chest pains and numbness in his right arm, so he consulted a physician who told him not to return to work until the medical condition was properly diagnosed. On March 26, 2009, Wise claims he informed Parsons his physician told him he was having anxiety attacks and Parsons said to come back to work. On April 30, 2009, Wise's employment was terminated based on his age and recent illnesses, according to the suit. Wise is seeking compensatory and punitive damages.
Case number: 10-C-410

March 5
Shari Bullard vs. Select Specialty Hospital-Charleston Inc.
PA- Stephen P. New; J- Tod J. Kaufman
* Bullard was employed by the defendant as a licensed registered nurse from July 9, 2007, until April 2, 2008. Bullard claims she was unlawfully terminated from her employment as a retaliation for reporting wrongdoing and potential malpractice, which could ultimately endanger patients' lives. She is seeking compensatory and punitive damages.
Case number: 10-C-415

Teresa Haddox, as parent and/or guardian of her infant daughter, Starr Haddox vs. Kanawha County Board of Education
PA- James M. Barber; J- James C. Stucky
* Starr Haddox attended Elkview Middle School and on Nov. 23, 2009, "she was viciously assaulted by Lindsey Fisher," while exiting her school bus, according to the suit. Teresa Haddox claims it is school policy for a faculty member to be present, but that there was no ne present at the time of the attack. Teresa Haddox claims her daughter was kept at school for some time before she arrived and that no one had called the police or medical personnel. She is seeking compensatory damages.
Case number: 10-C-416

Elisha F. Rawlings vs. Arc of the Three Rivers, Inc., and Craig Wagoner, Executive Director, and Greg Sizemore, Chief Financial Officer/Supervisor, individually and as agents/employees of Arc of the Three Rivers Inc.
PA- Samuel F. Hanna; J- Paul Zakaib Jr.
* Rawlings was employed by the defendants and claims during her employment she was intentionally and negligently subjected to sexual harassment and sexual hostility in the workplace. She is seeking compensatory and punitive damages.
Case number: 10-C-418

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