CIVIL FILINGS: Cabell County

By Kyla Asbury | May 7, 2010

April 27
Rosie M. Smith vs. Lewis Shepherd
PA- R.R. Fredeking II; J- F. Jane Hustead
* On Oct. 14, 2007, Smith loaned Shepherd $20,000. She claims Shepherd agreed to repay the loan and pay an additional $5,000 in interest, but has failed to repay the loan. Smith is seeking damages in the amount of $25,000, plus interest.
Case number: 10-C-337

Heather Dennison, as custodial parent for Robert Chase Adkins, a minor vs. William Smith, an individual, and Cabell County Board of Education, a legal entity
PA- Kerry A. Nessel; J- F. Jane Hustead
* On April 22 Adkins was suspended from Huntington High School for an indeterminate amount of days and was not given an opportunity to relay the facts of the incident that led to his suspension, according to the suit. Dennison claims Adkins was also dismissed from the school baseball team. Adkins was told on April 27 that he would not be reinstated to the high school or the baseball team, according to the suit. Dennison claims Adkins is missing valuable instruction time and several baseball games and will likely not graduate because of being suspended. Dennison is seeking for the court to grant an injunction revoking Adkins' suspension and that he be reinstated to the baseball team.
Case number: 10-C-338

April 29
Tamra Jacob, as Administratrix of the Estate of Deanna Vandixhorn vs. Thomas Jarrell May and Thomas Jarrell May Jr.
PA- William M. Tiano; J- David M. Pancake
* On May 9, 2008, Vandixhorn was sleeping in her apartment when a fire was started in the foyer of the apartment building. Jacob claims the defendants had allowed a tenant to store mattresses in the foyer area for a long period of time and allowed unlocked access to the foyer area, in violation of state and federal fire codes Vandixhorn awoke during the fire and called 911, but her only means of escape were blocked by fire and/or smoke, according to the suit. Vandixhorn died in the fire. Jacob is seeking compensatory and punitive damages.
Case number: 10-C-342

April 30
Nick Blankenship and Emma Blankenship vs. A-Pro Home Inspection Service and Mark Pemberton, individually and as agent of A-Pro Home Inspection Service
PA- Robert M. Sellards, Ryan Q. Ashworth; J- David M. Pancake
* On May 2, 2008, Pemberton, who was employed by A-Pro Home Inspection Service, conducted a home inspection for the Blankenships and negligently performed the home inspection by failing to denote substantial problems with the residence, according to the suit. The Blankenships claim Pemberton breached the agreement to perform an adequate home inspection. They are seeking compensatory and punitive damages.
Case number: 10-C-346

Boston E. Jones, a minor under the age of 18 years, who sues by her mother, Rachel M. Jones vs. James William Johnston IV, individually and in his capacity as a Cabell County Deputy Sheriff; the County Commission of Cabell County, a political subdivision; the Cabell County Sheriff's Department, a political subdivision; Matthew T. Knight; and Nationwide General Insurance Company, in its capacity as under insured motorist insurance carrier; and Progressive Max Insurance Company, in its capacity as under insured motorist insurance carrier
PA- D. Scott Tyree, Travis W. Hoffman; J- David M. Pancake
* Boston E. Jones is a 7-year-old child. On March 22 Boston E. Jones was the passenger of a vehicle driven by Knight that was struck by Johnston. Rachel M. Jones claims the defendants acted negligently. Rachel M. Jones is seeking compensatory damages.
Case number: 10-C-350

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