CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Apr. 9, 2010, 2:30am

March 22
Tammy Perdue and Johnny Cash vs. DM Motor Inc. and Hyundai Capital America
PA- Kristina Thomas, David L. Grubb; J- James C. Stucky
* On Feb. 8, 2008, Perdue and Cash purchased a 2004 Chevrolet Blazer from the defendants. They claim the defendants did not inform them about the history of the vehicle and failed and/or omitted to inform them that the vehicle had previously been damaged. On April 19, 2009, the plaintiffs took the vehicle to another dealership and inquired about trading it in for a different vehicle when they discovered the vehicle had been in an accident prior to them owning it. They are seeking the contract involved be canceled, and they be awarded compensatory and punitive damages.
Case number: 10-C-546

Thomas G. Wamsley vs. LifeNet Transplant Services Inc. and LifeNet Health
PA- Anthony J. Majestro, Kevin S. Kaufman; J- Jennifer Bailey
* Wamsley underwent surgery to repair a left Achilles tendon rupture and was implanted with a defective 23.0cm right Achilles tendon that was infected, according to the suit. He claims the provision of an infected tendon constitutes as an unfair method of competition and unfair or deceptive acts or practices. Wamsley has had undergone reconstructive aplograft surgeries in an attempt to correct the defective tendon, according to the suit. Wamsley is seeking general and actual damages.
Case number: 10-C-553

March 23
Karen Gray vs. West Virginia Division of Natural Resources and Richard Ferrell
PA- Robert D. Cline, Robert A. Campbell, Brian E. Bigelow; J- Louis Bloom
* On Nov. 3, 2009, Gray was a passenger in a 1997 Chevrolet Lumina when her vehicle was struck by Ferrell's vehicle. Ferrell is an employee of the West Virginia Division of Natural Resources and was acting in the scope of his employment, according to the suit. Gray is seeking compensatory damages.
Case number: 10-C-559

March 24
Tammy Jordan vs. Frank Boggess & Trailer Specialists LLC
PA- Michael D. Weikle; J- Paul Zakaib Jr.
* Jordan was employed by the defendant as a bookkeeper for nearly four years, according to the suit. Jordan claims during her employment she realized Boggess was using "tens of thousands of dollars in corporate funds to pay for the construction of his personal residence and challenged him about this practice." Jordan claims soon after, Boggess informed her that her position had been eliminated, but later she learned she had been replaced instead and that Boggess was making false claims about her to customers and others that she had been fired because she had stolen money from the corporation. She is seeking compensatory and punitive damages.
Case number: 10-C-563

Yuri Ellis vs. Ohio Farmers Insurance Company and Christopher Carracher
PA- Christopher T. Pritt, Michelle L. Johnson; J- Tod J. Kaufman
* On Oct. 30, 2008, while operating a vehicle owned by Enterprise Rental Cars, Inc., Carracher struck Ellis, who was a wheelchair-bound pedestrian crossing in a cross-walk. Ellis claims the defendant totaled his $40,000 wheelchair and caused him severe injuries. He is seeking compensatory and punitive damages.
Case number: 10-C-566

March 26
James O'Dell vs. Orders Construction Company Inc.
PA- Christopher J. Heavens, Frank P. Bush Jr.; J- James C. Stucky
* On March 18, 2009, O'Dell was working for Triangle Steel Erectors as a subcontractor for the defendant. O'Dell was working on the Sissonville Bridge Project when he claims the defendant failed to remove an auxiliary hoist whip line from a piece of equipment, causing it to snap, hit him and cause him to suffer a de-gloving injury to his hand. He is seeking compensatory damages.
Case number: 10-C-570

Steven Counts vs. Ford Motor Company
PA- Michael L. Glasser; J- Louis Bloom
* Counts purchased a new vehicle from the defendants on April 25, 2008, and claims he experienced repeated non-conformities with the vehicle after the purchase. The defendant failed to conform the vehicle to the warranty or replace the vehicle with one that did conform to the warranty, according to the suit. Counts is seeking revocation of acceptance and refund of the purchase price of the vehicle and damages for costs and repairs.
Case number: 10-C-578

James Moneypenny and Kerry Moneypenny vs. General Motors Corporation
PA- Michael L. Glasser; J- Jennifer Bailey
* On Jan. 26, 2008, the Moneypennys purchased a new 2008 Pontiac Grand Prix from Tom Peden Chevrolet-Pontiac-Buick, Inc., for $31,080. They claim after they purchased the vehicle they began to experience repeated non-conformities with the vehicle and returned it several times to the dealership for repair. The Moneypennys claim after a reasonable number of attempts, the manufacturer did not conform the vehicle to the warranty nor replace in with a comparable one that did. They are seeking revocation of acceptance and refund of the purchase price and compensatory damages.
Case number: 10-C-579

Jonathan Wilkinson vs. General Motors LLC
PA- Michael L. Glasser; J- Carrie Webster
* Wilkinson purchased a new vehicle from the defendants on Feb. 18, 2009 and claims he experienced repeated non-conformities with the vehicle after the purchase. The defendant failed to conform the vehicle to the warranty or replace the vehicle with one that did conform to the warranty, according to the suit. Wilkinson is seeking revocation of acceptance and refund of the purchase price of the vehicle and damages for costs and repairs.
Case number: 10-C-580

James W. Strawn vs. OM Financial Life Insurance Company; Paramount Financial Services, Inc.; Jerry L. Hayes; the Institute for Enduring Wealth, Inc.; Frank C. Gahl; the West Virginia Educational Institute, LLC; Timothy Sparks; First Equity Consultants, LLC; Equity First Mortgage, LLC; Solution One Mortgage, LLC; and Fictitious Defendants 1-20
PA- Stephen B. Farmer, Robert A. Campbell, R. Chad Duffield, Phillip W. McCallum, Rodney Miller; J- Jennifer Bailey
* Strawn claims the defendants collectively orchestrated a fraudulent investment scheme involving the sale of high dollar equity-indexed universal life insurance policies issued by OM Financial Life. Strawn fell prey to the scheme and lost approximately $40,000 that he had invested in an OM Financial Life equity-indexed universal life insurance policy, according to the suit. He is seeking compensatory and punitive damages.
Case number: 10-C-581

March 28
Kenneth Holdren, on behalf of Shirley Holdren vs. Genesis Healthcare Corporation; Genesis Healthcare Holding Company II, Inc.; Genesis Health Ventures, Inc. of West Virginia; Genesis Eldercare Corporation; Genesis Eldercare Network Services, Inc.; Genesis Eldercare Management Services, Inc.; Genesis Eldercare Rehabilitation Services, Inc.; Genesis Eldercare Staffing Services, Inc.; Genesis Eldercare Hospitality Services, Inc.; Teays Valley Haven Limited Partnership; Genesis WV Holdings, LLC; Glenmark Associates, Inc.; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Teays Valley Center)
PA- James B. McHugh, Michael J. Fuller Jr.; J- Carrie Webster
* Shirley Holdren was a resident in the defendants' facility from Oct. 16, 2009, until Jan. 1, 2010 and suffered personal injuries and damages while there, according to the suit. Kenneth Holdren claims Shirley Holdren experienced falls and a fracture while at the nursing home, which resulted in physical and emotional trauma. Kenneth Holdren is seeking compensatory and punitive damages.
Case number: 10-C-585

March 29
Jerry Lee Rhodes and Bonnie M. Cochran vs. Hartford Fire Insurance Company
PA- Scott S. Blass, Daniel F. Hedges; J- James C. Stucky
* The defendant issued a surety bond on befalt of Equity South Mortgage, according to the suit. In 2003, Rhodes and Cochran responded to a solicitation by Equity South Mortgage for a home improvement loan. The plaintiffs claim Equity arranged for an inflated appraisal and misrepresented that both plaintiffs were the owners of the home. When payments became difficult in 2004, the plaintiffs reached out again to Equity, who arranged for another appraisal and directed them to pay for it directly, according to the suit. Rhodes and Cochran claim Equity failed to disclose adequately and consistent with West Virginia Code; charged them illegal broker fees; obtained credit terms without regard to their ability to pay; suppressed certain terms of the loan agreement; and failed to seek out and obtain credit for them on the best available terms. They are seeking damages in the amount of $50,000 with interest.
Case number: 10-C-592

Charles Porter Hubbard and Kelly Jo Hubbard, his wife, s. Amsted Industries, Inc.; A.W. Chesterton, Co.; et al
PA- James A. McKowen, Bronwyn I. Rinehart; J- visiting judge
* The Hubbards claim the 74 defendants are responsible for Mr. Hubbard's mesothelioma, of which he was diagnosed in January 2010. They are seeking a trial by jury to resolve all issues involved in their asbestos-related case.
Case number: 10-C-593

Clyde Nelson vs. Wal-Mart Stories East, LP; Wal-Mart Stores East, Inc.; and Wal-Mart Stores, Inc. d/b/a Wal-Mart Store #2576
PA- Harry F. Bell Jr.; J- Louis Bloom
* On March 31, 2008, Nelson was a customer of the defendants and while entering the store through the Tire and Lube Express entrance, he tripped on a metal stake that was not properly marked and fell. Nelson is seeking compensatory damages.
Case number: 10-C-596

March 30
Larry Green and Geraldine Green, his wife vs. Thomas R. Scott and CAMC Health System, Inc.
PA- Tony L. O'Dell, Robert V. Berthold III; J- Tod J. Kaufman
* On Aug. 4, 2009, Mr. Green was a passenger in a 2009 Chevrolet Malibu and was traveling on Lee Street and approaching Brooks Street in Charleston when Scott, who was an employee of CAMC Health System, struck the vehicle Mr. Green was traveling in. Mr. Green claims he sustained injuries and medical expenses in the approximate amount of $9,700. He and his wife are seeking compensatory damages.
Case number: 10-C-612

Gary Lee Chandler vs. Chevron Corporation
PA- Richard L. Lewis, Marc C. Bryson; J- Tod J. Kaufman
* On Sept. 26, 2008, Nu Rentals LLC filed a complaint against Chandler alleging he was the owner and operator of underground storage tanks located in property sold by Chandler to Nu Rentals, but Chandler claims he was not the owner or operator of the tanks. Chandler claims Chevron was the owner and operator of the tanks and that the company acted in bad faith with gross fraud, malice, oppression when it intentionally, willfully, wantonly, recklessly and negligently made material misrepresentation to the WVDEP that Chandler owned and operated the tanks. He is seeking compensatory and punitive damages.
Case number: 10-C-614

March 31
John Mathew Ferrell vs. Finance America, LLC; SafeCo Insurance Company of America; Global Mortgage Group, Inc.; Hanover Insurance Company, a corporation; Great American Title, Inc.; Ocwen Loan Servicing, LLC, a corporation; John Doe Trustee; and Jeffrey S. Moore
PA- Daniel F. Hedges, Bren J. Pomponio; J- James C. Stucky
* Ferrell was provided an inflated appraisal for property to enable the lender to originate a loan, according to the suit. He claims he discovered in December 2009 that the market value of his home in September 2003 was $25,100, and that the defendants engaged in a pattern of predatory lending practices to make unfair loans based upon fraudulent appraisals in order to transfer the home equity from borrowers to the defendants. Ferrell is seeking actual damages and civil penalties of $4,400 for each violation.
Case number: 10-C-620

David R. Cole Sr. and Delphia M. Cole vs. AllCare Dental & Dentures of New York, P.C., a corporation, and JPMorgan Chase Bank, N.A. d/b/a Chase Health Advance
PA- Sara Bird, Daniel F. Hedges; J- James C. Stucky
* On July 15, 2009, she was evaluated and presented with a treatment plan that would cost $2,338, according to the suit. The Coles returned the next day to obtain financing through Chase and claim the defendant explained very little about the terms of the financing arrangement. Mrs. Cole returned at least nine times between August and November to repair the dentures and returned them in November, but was told she still had to pay for them. The Coles are seeking actual and punitive damages.
Case number: 10-C-621

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