CIVIL FILINGS: Boone County

by Harmon Marks |
Mar. 19, 2010, 2:10am

Feb. 11
Board of Trustees of Prichard School; City National Bank of West Virginia, NA; PRC Holdings, Inc.; Riverside Park, Inc. vs. Hard Rock Exploration, Inc.
PA- Richard J. Bolen; J- William S. Thompson
* Oil and gas lease of January 2008 in question, involving more than 2,700 acres in Boone County. Plaintiffs say Hard Rock agreed to drill 10 wells by January 2009, 10 more by January 2010; that Defendant did not honor an agreement beginning with 2008 drilling that over 30 years would product "net royalties to the Plaintiffs in the total amount of approximately $1,767,337.00, none of which Plaintiffs received..." Citing court precedents, Complainants say ordinary remedy for breach of contract is money damages and seek jury judgment in an amount "to properly compensate them..." together with interest and any other entitled relief.
Case number: 10-C-40

Feb. 18
Michael Pack, individually and as guardian and conservator for Ian M. Pack, a minor vs. Summer L. Burford, Vickie & Ronnie Mooney
PA- Stephen P. Swisher; J- Thompson
* The Kanawha City Plaintiffs seek jury award of a half-million dollars, plus costs, relative to a single vehicle accident off W.Va. Route 3 near Twin Poplars, Boone County. Burford, mother of minor Ian Pack, was driving her parents' (Mooneys) vehicle late in February 2008, according to the complaint, and caused it to leave the road and strike a tree. The Pack child "was violently thrown in an about the vehicle, resulting in severe, painful and permanent injuries..." says Michael Pack. The Packs cite excessive speed and alcohol contributed to the mishap that made the boy "a priority trauma" in the Pediatric Intensive Care Unit of Charleston General Hospital. Complaint says Michael Pack was charged with medical bills in excess of $50,000 and lost wages of more than $5,000 while tending to his son.
Case number: 10-C-41

Jason Burford, as parent/guardian of Jason Burford Jr., infant, and Samantha Burford, infant vs. Summer Burford and Vickie Mooney
PA- Brian L. Ooten; J- Thompson
* Personal injury complaint relates to above described (10-C-41) vehicle accident. The 7-year-old boy and 3-year-old girl were passengers in the 205 Buick Terraza owned by Mooney and driven by Summer Burford when the vehicle left W.Va. Route 3 and struck a tree. Jason Burford seeks jury judgment, jointly and severally, for numerous medical expenses, litigation costs, pre- and post-judgment interest, other entitled relief and punitive damages.
Case number: 10-C-42

Feb. 19
Danny L. Wilson vs. Mountain Edge Mining, Inc.
PA- Tom Price; J- Thompson
* The Danville man contends wrongful termination from his job at the Coalburg No. 1 Mine last October following a medical leave of absence. Wilson says the Fayette County-based company violated the State Human Rights Act and wants a jury to award him compensatory and punitive damages, including front pay and back pay, pre- and post-judgment interest, reinstatement and litigation costs.
Case number: 10-C-43

Feb. 22
Sharon Evans, Executrix of the Estate of Archie Donald Kuhn vs. Boone County Bank, Inc.
PA- Thomas H. Peyton; J- Thompson
* Plaintiff claims Bank cleared two checks amounting to $43,500 in February 2008 having the forged signature of Kuhn just days before he died. Evans wants a jury to award reimbursement and pre- and post-judgment interest.
Case number: 10-C-45

Feb. 25
Sadie White, individually and as Administratrix of the Estate of Jessie D. White vs. GMAC, Inc., Boone Memorial Hospital, West Asset Management, Inc., and Cabin Creek Health Systems
PA- Dan R. Snugger; J- Thompson
* Sadie White claims Defendants engaged in a debt collection practice in violation of State consumer protection law. She says each defendant was put on notice no later than late October 2008 that she was represented by counsel, but they continued repeated telephone and written contact directly with her, rather than her attorney. She seeks maximum compensatory damages by jury trail, not limited to civil penalties of $4,400 per statutory violation; reasonable attorney fees and expenses, and pre- and post-judgment interest.
Case number: 10-C-48

Daniel Sharp vs. Alex Energy, Inc. d/b/a Edwight Mining Co., subsidiary of A.T. Massey Coal Co., Inc., owned by Massey Energy Co.
PA- Roger D. Forman; J- Thompson
* Civil Rights suit charges Sharp was laid off in March 2009 while eligible to receive workers' compensation benefits stemming from his January back injury when attempting to get down off a 1200 Hitachi Excavator. He says a missing bottom step caused his fall and that his employer knew of the unsafe working condition. Sharp seeks jury judgment for back and front pay, plus damages for pain and suffering, permanent impairment and other injury-related problems.
Case number: 10-C-49

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