CIVIL FILINGS: Boone County

April 7
Larry D. Abrams vs. Analabs, Inc.; Medtox Laboratories, Inc. and Elk Run Coal Co.
PA- Timothy C. Bailey; J- William S. Thompson
* Following a July 15, 2009, drug test by urine sample, the complaint says, Abrams was informed on July 21 by Elk Run that he tested positive. Abrams protested and was advised to be retested at his own expense. He underwent a second test July 22, his complaint says, from Onsite In-Home Drug Testing and observed handling and labeling of his specimen, which e was not permitted to d July 15. Abrams was told his second test was negative. He reported that result to Elk Run, his complaint says, but was discharged July 27. He charges negligence in the way his July 15 drug test was handled and seeks jury awards jointly and severally for compensatory and punitive damages, all out of pocket losses, litigation cost and pre- and post-judgment interest.
Case number: 10-C-80

April 9
Ronald Gillenwater vs. Independence Coal Co., Inc., d/b/a Progress Coal Co., c/b/a Massey Coal Services, Inc., John Does 1-5
PA- Wendle D. Cook; J- William S. Thompson
* Plaintiff complains he "suffered a permanent and totally disabling injury" in April 2008 as a passenger in a vehicle that truck a large rock in the roadway near an excavation site that created an unsafe working condition. Gillenwater seeks jury personal injury awards against the defendants, jointly and/or severally, in an amount sufficient to compensate "for his pain, suffering, future pain and suffering," among other things; loss of wages, insurance and pension benefits, plus litigation expenses. He also asks for exemplary and punitive damages "...in an amount sufficient to deter future intentional and unlawful conduct."
Case number: 10-C-82

April 12
Charles and Rita Javins vs. Mine Safety Appliances Co., Persinger Supply Co., Fairmont Supply Co., Raleigh Mine & Industrial Supply, Inc., and Eastern States Mine Supply Co.
PA- G. Todd Houck; J- William S. Thompson
* Respirators manufactured and sold by defendants failed to protect him harmful dust during his coal mining job, the Javinses claim, causing Mr. Javins to develop advanced lung disease. The couple seeks jury awards of compensatory damages, punitive damages against MSA only, litigation cost, a declaratory of right between the parties and pre- and post-judgment interest.
Case number: 10-C-83

Ellett Brothers, Inc. vs. Graybeal Enterprise, LLC, d/b/a Graybeal Firearms & Gunsmithing
PA- Ryan S. Marsteller; J- William S. Thompson
* Ellett Brothers complains the company sold and delivered goods and provided services to Graybeal from about March to June 2008, amounting to more than $37,000 yet to be paid. The suit seeks payment of the account balance, plus pre- and post-judgment interest and court expenses.
Case number: 10-C-84

April 13
Freddy and Jessie Conley vs. Joe C. Ferrell and White Amusement Co.
PA- Wendle Cool; J- William S. Thompson
* The Conleys complained to Boone Magistrate Court that one of Ferrell's workers caused a fire that resulted in $3,500 damages to their building. Defendant's attorney, Thomas A. Zamow, was granted a request to remove the case to Circuit Court for jury trial. Judge William S. Thompson scheduled a status conference for May 24
Case number: 10-C-85

April 15
Rachel Holding Corp. vs. Samantha Thomas
PA- Joel Baker; J- William S. Thompson
* Rachel Holding claims the Peytona woman owes on a Visa account balance dating back to September 2006 and wants to collect $19,535, plus 24 percent in annual interest.
Case number: 10-C-87

Robin Dingess vs. Jonathan D. Matthews
PA- Joel Baker; J- William S. Thompson
* Dingess seeks jury award of compensatory damages for serious and permanent injuries she says she suffered in April 2008 when her vehicle, stopped to make a turn off W.Va. Route 85, was struck by a pick-up truck driven by Matthews. The Madison woman contends the defendant was speeding, following too closely the vehicle in front of him, performed an improper pass and generally failed to maintain control of his vehicle.
Case number: 10-C-88

April 19
Huntington National Bank vs. Jackie H. and Ann E. Kelly
PA- Robert L. Bandy; J- William S. Thompson
* Bank says Kellys defaulted their March 1998 personal credit line agreement. HNB wants to collect $31,826, together with accruing interest of $2.83 per diem and costs, due last March.
Case number: 10-C-89

Harold and Sherry Gosnell vs. American Optical Corp., Raleigh Mine & Industrial Supply, Inc., Eastern States Mine Supply Co. and Crest Supply Co., Inc.
PA- John Hunter Morgan; J- William S. Thompson
* Gosnell's product liability suit demands jury judgment against defendants, jointly and severally, for compensatory damages in an amount relative to evidence presented, punitive damages only against AOC, litigation costs, a declaration of rights between the parties and pre- and post-judgment interest. Gosnell, employed as a coal miner from 1976 until 1993, says he used respirators manufactured by AOE for protection against harmful dust into his breathing zone that led to black lung disease.
Case number: 10-C-90