WEST VIRGINIA RECORD

April 21
Eric and Patricia Pauley vs. Independence Coal Co., Inc. d/b/a Endurance Mining Co. d/b/a Massey Coal Services, Inc. d/b/a Progress Coal Co. d/b/a Highland Mining Co.; Massey Energy Co.; A.T. Massey Coal Co., Inc.; and John Does 1-5
PA- Steven Thorne; J- William S. Thompson
* The personal injury suit seeks jury judgment against defendants, jointly and severally, for compensatory damages to satisfy present and future pain and suffering, plus court costs, attorney fees and other and further relief the Court deems proper. Eric Pauley was employed on April 23, 2008, as a truck driver at Endurance Coal's surface mine at Bull Creek/ West Cazy. His complaint says the defective seat in the rock truck he was driving caused him to slam down when the vehicle hit a dip in the roadway, causing severe and permanent injuries.
Case number: 10-C-93

April 22
Mitchell International, Inc. vs. Mike Hannah d/b/a Hannah's Paint and Body
PA- Daniel T. Booth; J- Thompson
* Complaint says Hannah breached his March 2005 "End User License Agreement" with plaintiff for permission to use "certain proprietary database information and user manuals..." The 36-month agreement, Mitchell contends, required payment of $429 per month, with late payment interest. Complaint says Hannah stopped making payments in May 2007 on the contract running through March 1, 2008, and owes $5,016 together with interest from February 2008. Mitchell seeks judgment for unpaid balance, plus pre- and post-judgment for statutory interest from Feb. 1, 2008, plus costs of litigation and any other relief by the Court.
Case number: 10-C-94

April 23
Scott G. Mandirola, director, Division of Water & Waste Management; and Thomas L. Clarke, director, Division of Mining & Reclamation; West Virginia Department of Environmental Protection vs. Catenary Coal Co., LLC
PA- A.M. "Fenway" Pollack; J- Thompson
* State agency charges Catenary with violating water pollution discharge permits at its Samples Mine Complex Cabin Creek No. 2 surface mine, including limitations on Selenium. WVDEP prays that "Catenary be enjoined from any and all future violations of the WPCA (WV Water Pollution Control Act) and from any discharge of pollutants except as expressly authorized by its NPDES (National Pollutant Discharge Elimination System) permits." Complaint also cites State Code assessing civil penalties of $25,000, "for each day of each violation of the WPCA."
Case number: 10-C-96

April 26
USF Equipment & Services, LTD vs. Carl Baisden Jr., Tyr Group and Appalachia Mine Services, LLC
PA- M. Hudson McClanahan; J- Thompson
* USF claims products costing $23,744 were delivered to AMS at Wharton more than three years ago and have yet to be paid for. The Texas company seeks court judgment for "not less than" the $23,744 amount, plus pre- and post-judgment interest at a "contracted rate of 18 percent," and litigation costs.
Case number: 10-C-98

April 28
Government Employee Insurance Co. as subrogee of Michael R. Coffey vs. Richard Galeway
PA- Andrew N. Frye III; J- Thompson
* GEICO seeks to recover $11,991, together with post-judgment interest, court costs and attorney fees from the Hernshaw resident said to have caused a May 2008 vehicle collision on W.Va. 3 at Comfort. The insurer says Coffey's automobile was a total loss and his wife, the driver, incurred medical expenses covered by their policy.
Case number: 10-C-100

April 29
Mable Mullins, on behalf of Juanita Lawson vs. Advocat, Inc.; Diversicare Leasing Corp.; Diversicare Management Services Co.' Sterling Health Care Management, Inc.; Omega Healthcare Investors, Inc.; Kimberly E. Toney; John Does 1-10; and unidentified entities 1-10 (as to Boone Nursing & Rehabilitation Center)
PA- James B. McHugh; J- Thompson
* Lawson, age 69, was admitted in July 2007 to Boone Nursing & Rehabilitation Center no longer competent to handle her own affairs, her daughter, Mable, relates. She contends Lawson suffered falls and injuries because, among other things, of corporate and administrative neglect, nursing home violations in the State Code, medical malpractice and fraudulent representation of care available. Mullins prays for damages to be determined by a jury exceeding the minimum jurisdictional amount to compensate for all personal injuries, litigation expenses and "punitive damages sufficient to punish defendants for their egregious conduct and to deter defendants from ever repeating such atrocities..."
Case number: 10-C-101

Michael B. Stavrakis vs. Terina L. Stavrakis
PA- pro se; J- Thompson
* Michael complains his estranged wife, Terina, withdrew $9,999 from $10,088 in Federal and State income tax refunds by direct deposit to their joint account at Whitesville State Bank. "An agreement was made," he contends, "...that we would file a joint return so that our refund would be larger than filing separately." He says he never intended "to forfeit the entire refund(s) nor did we agree to such terms."
Case number: 10-C-103