CIVIL FILINGS: Boone County

by Harmon Marks |
Jun. 18, 2010, 2:05am

May 7
John Kersey vs. Crossland Transport, Inc., and John M. Varney
PA- K. Brian Adkins; J- William S. Thompson
* Kersey's personal injury suit comes from a November 2008 collision as conductor on a locomotive that struck a Crossland truck driven by Varney on Cow Creek Road. Complaint says Varney "failed to stop at a stop sign and railroad crossbucks and look and listen for oncoming train traffic." Kersey seeks jury awards of special damages for past and future medical expenses, lost past and future wages and general and punitive damages.
Case number: 10-C-120

May 13
Linda and Earl Turner vs. Motor Mutual Insurance Co.
PA- Erin K. King; J- Thompson
* Turners were involved in a May 2008 vehicle accident on Lick Branch Road which a Danville police officer found was caused by another driver. With settlements of insurance claims that followed, the Turners say they were unable to negotiate the underdrivers insured claim with their company, Motor Mutual. They ask for the Court to support their position.
Case number: 10-C-121

May 17
Helen Maynor, Administratrix of the Estate of Ronald Maynor vs. Performance Coal Co. d/b/a Upper Big Branch Mining Co.; Massey Coal Services, Inc.; Massey Energy Co.; and Don Blankenship
PA- Mark D. Moreland; J- Thompson
* Ronald Maynor was employed as a miner for more than four years at the Upper Big Branch Mine as a scoop operator and died as a result of the April 10 explosion in the mine. Helen Maynor claims the defendants knowingly exposed her late husband to unsafe working conditions and failed to exercise competent direction and control. She is seeking all damages allowed for her wrongful death suit and punitive damages, plus pre- and post-judgment interest.
Case number: 10-C-122

May 20
Tonya L Shadd, individually and as survivor, next of kin and Administratrix of the Estate of Terry L. Shadd vs. Mine Safety Appliance Co., Persinger Supply Co., Raleigh Mine & Industrial Supply, Inc. and Eastern States Mine Supply Co.
* Tonya Shadd says her coal miner husband developed pneumoconiosis, known as "black lung" disease, because of hidden defects and inadequate warnings attributed to respirators he used that were manufactured and sold by the defendants. A coal miner some 22 years, Mr. Shadd died in December 2008 from advanced lung disease. His widow seeks jury judgment, jointly and severally against the four defendants for compensatory and punitive damages, her court costs, declaration of rights and pre- and post-judgment interest.
Case number: 10-C-123

Vanderbilt Mortgage & Finance, Inc., successor-in-interest to Oakwood Acceptance Corp. vs. James E. Butcher
PA- Jason S. Long, Jennifer S. Caradine; J- Thompson
* Finance company complains the defendant defaulted his April 2001 contract to pay installments on the total sum of $209,923 for an Oakwood manufactured structure. Since the structure was included as security interest on the contract, Vanderbilt wants Court assistance to repossess the building.
Case number: 10-C-124

Performance Coal Co.; Marfork Coal Co.; Elk Run Coal Co., Inc.; Goals Coal Co.; Alex Energy, Inc.; Spartan Mining Co. d/b/a Mammoth Coal Co.; Green Valley Coal Co.; and Knox Creek Coal Corp. vs. ECIRP Recycling, LLC and Johnnie Price
PA- Jonathan L. Anderson; J- Thompson
* The seven coal companies complain that Kentucky-based ECIRP breached its contract to collect and purchase scrap metals and copper at their mines. Unpaid compensation, the companies say, adds up to $216,815 and they charge unjust enrichment. They want jury judgment, jointly and severally, for compensatory damages, pre- and post-judgment interest and their court costs.
Case number: 10-C-125

May 27
Charles A. Runyon vs. Scotty Arthur, Westfield Insurance Co. and Joanna Huffman
PA- Matthew M. Hatfield; J- Thompson
* Runyon has settlement issues regarding underinsured motorist coverage with his Westfield personal liability policy and company adjuster Huffman. Runyon reviews a May 2008 accident on W.Va. Route 85 near Danville when a vehicle operated by Arthur struck his truck from behind as he slowed for a traffic light. Arthur's Nationwide policy had a bodily injury liability limit of $20,000 per person, according to Runyon, which will not fully compensate for his injuries. He notified Westfield that his own $300,000 underinsured motorist coverage should be applicable to the subject collision. Westfield offered $13,535 on it UIM coverage, which Runyon refused. Runyon wants jury judgment against his insurer for breach of contract, good faith and fair dealing; he also alleges unfair claims settlement practices by Westfield and Huffman.
Case number: 10-C-126

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