CIVIL FILINGS: Lincoln County

by Harmon Marks |
May 21, 2010, 2:00am

April 15
Richard C. Gay III vs. Benham Mohebbi & AllCom, LLC
PA- Stephen D. Greer II; J- Jay M. Hoke
* Gay seeks jury award of an amount to fully compensate for personal injuries and property damage resulting from April 2008 vehicle accident on Interstate 64. Mohebbi, driving an AllCom vehicle, is accused of leaving the right lane of the highway and causing a collision with the passenger side of Gay's car being driven by Craig McCroskey. Prior to the mishap, according to Gay, defendant tailgated his vehicle through a one lane, 55 mph work zone, then after attempting to get into the left lane and causing the collision, Mohebbi exited his vehicle "visibly angry, yelling at Mr. McCroskey and Mr. Gay using verbally abusive, threatening, and otherwise vile and vulgar language." Gay and McCroskey quickly called 911 to report the accident and Mohebbi's conduct.
Case number: 10-C-44

State of West Virginia vs. Brian F. Kirkendoll
* Magistrate Mona Snodgrass removed a complaint against Kirkendoll to Circuit Court on April 23, agreeing to a motion by Vanessa Gillespie based on the grounds Magistrate Court has no jurisdiction to judge a case involving pain and suffering, mental anguish and reimbursement of litigation costs. Kirkendoll was originally charged with battery and unlawful wounding resulting from Gillespie's complaint on behalf of her brother, Danny Tomblin. Sister Vanessa and Tomblin's mother and girlfriend were eating in a West Hamlin restaurant, according to the February 2008 complaint in Magistrate Court, following a Family Court hearing involving Tomblin and his former wife, Elizabeth, now wife of the defendant. Kirkendoll and Attorney James M. Cagle filed a motion last December for suspension of sentence and probation. The defendant claims Gillespie's account of the resultant event is "extremely inconsistent" and he is entitled to $5,000 restitution for personal damages, plus his court costs.
Case number: 10-C-46

April 30
James and Judy Wood vs. Frances Harris
PA- Boyce Griffith; J- Hoke
* Wood couple asserts their former daughter-in-law wrongfully occupies a mobile home they own at Sod because Harris got a written notice to vacate in March 2009. They petitioned for summary judgment wrongful occupation of residential property. Attorney Herbert L. Hivey II responded for Harris saying she has lived on the property since the end of 1985 after she married James H. Wood, the petitioners' son. In 2000, according to the response, the couple built a two-story home on the property with an understanding it would be for the mother of petitioners' grandchildren. The older Woods financed cost of construction materials with Frances providing labor. Frances and James H. Wood divorced in June 2007 and he "informed the respondent that she could live in the home and upon the subject property as long as she wanted to." Ownership of the home was not addressed in the divorce action. Her requested Court relief includes preliminary and permanent injunctions to prohibit sale of the real property by the Woods.
Case number: 10-C-47

May 4
Mary Lee Toler vs. Roy A. Campbell and Ahoy Land, LLC
PA- Ronald G. Salmons; J- Hoke
* Toler says she is "a successor in title" with a half-interest in mineral rights on more than 230 acres of Lincoln County real estate known as the L.A. Ronk and H.D. Rink farm in Washington District and received monthly royalty payments from December 1987 until last February. A 1998 sale of mineral rights to the State satisfied delinquent taxes. Toler says the defendants purchased most of the real estate mineral interest "through a delinquent and non-entered lands' sale on Aug. 26, 2009..." Campbell and Ahoy Land, Toler claims, failed to satisfy State law concerning a "Notice to Redeem" and did not identify her as an interested party of their purchase. She wants all legal rights and title in the property returned to her, compensatory and punitive damages in amounts determined by a jury, pre- and post-judgment interest and litigation costs.
Case number: 10-C-50

May 13
RE: Estate of Jody L. Tabor
PA- Marvin W. Masters; C. Joseph Stevens; J- Hoke
* Jody L. Tabor died from "a thrombotic event, which allegedly resulted from ingestion of Vioxx." Administratrix Regina B. Tabor, widow, filed a claim for wrongful death and received a confidential award through a Louisiana court. She seeks Lincoln County Circuit Court approval of the proposed settlement and distribution of proceeds to her two surviving children. Judge Jay M. Hoke ordered a hearing for May 20
Case number: 10-C-55

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