CIVIL FILINGS: Boone County

May 28
Geneva Miller, Emogene Estep, Daphine Hale and Robert Miller vs. Curtis Miller Jr. and Tiffany Smith
PA- Bobby R. Hale; J- William S. Thompson
* Plaintiffs are children and heirs of the deceased Earnest C. Miller Sr. and seek public sale of some six acres of real estate in the Washington District situated on the waters of Turtle Creek. The nature and character of the land, plaintiffs say, "cannot be conveniently or equitably partitioned..." for division among plaintiffs and defendants as tenants in common. They contend best interest of the owners is sale of the tract and dividing net proceeds through a court appointed special commissioner.
Case number: 10-C-127

James Williams vs. Appalachian Coal Sales, Inc. and Appalachian Coal Services, LLC
PA- ; J- Jerome J. McFadden; J- Thompson
* Williams' personal injury suit alleges a May 2008 attack at Elk Run Coal by another employee Lou Jarrell. Williams had been directed by his employer, Dewar Corp., to work at Elk Run. He says he knew Jarrell from employment by Appalachian Coal Services when Jarrell was his immediate supervisor and, according to the complaint, had a history of violence in the work place in attacking fellow employees. Complaint avers that Defendants "negligently hired and negligently retained Lou Jarrell as an employee...when they knew or should have known that he had a propensity for violence toward co-workers and third parties." Williams seeks jury judgment in an amount to fully and fairly compensate him and demands punitive damages.
Case number: 10-C-128

June 1
Mohler Lumber Co. vs. Boone County Commission
PA- William E. Mohler III; J- Thompson
* Mohler Lumbar seeks a court order requiring the County Commission to "quit-claim" mineral interest in 120 acres of land situated in Boone and Lincoln counties. Mohler says a condemnation application involving Boone Parks and Recreation Commission "specifically indicated that the right and property intended to be taken was the surface interest..."
Case number: 10-C-130

June 2
Deloris A. Thompson, executrix of the Estate of Justin A. Thompson vs. Country Club Chrysler Dodge, Inc.
PA- J. Michael Ranson, Cynthia M. Ranson; J- Jay M. Hoke
* This suit originally filed in Lincoln Circuit Court in June 2009 was subjected to venue change. Deloris Thompson charges the Harrison County dealership sold a defective 2005 Dodge Durango to the Lincoln County Commission for use by the Sheriff's Department. Son Justin, a Deputy Sheriff, was killed in June 2007 while operating that vehicle on U.S. Route 119 in Boone County. Deloris complains the fatal accident "was caused by the absence of the then state-of-the-art Electronic Stability Control system..." She demands jury judgment for compensatory and/or special damages, and general damages along with litigation costs and any other relief allowed by law.
Case number: 10-C-133

June 3
State of West Virginia and Boone County Sheriff's Department vs. $3,185, 1997 Chevrolet Blazer, 1993 Pontiac Bonneville SE and Michael S. Thompson
PA- Asst. Prosecuting Atty. Justin A. Marlow- ; J- Thompson
* State and Sheriff's Petition for Forfeiture will be heard by Judge Thompson on July 21. Pursuant to the State Contraband Forfeiture Act, the Sheriff wants possession of money, vehicles and a significant amount of illegal controlled substances seized last April at Thompson's Spars Creek residence.
Case number: 10-C-132

June 4
Patricia and Larry Burgess Sr. vs. Iona Dent, State Farm Mutual Automobile Insurance Co., Lee Greenhowe and Lindsay Fitzsimmons
PA- Matthew M. Hatfield; J- Thompson
* Boone residents Patricia Burgess and Iona Dent were involved in a two-vehicle June 2008 collision on U.S. Route 119 near Chapmanville in Logan County. Patricia was a guest passenger in a pickup truck owned by Thomas Crisp and operated by his grandson Larry Burgess Jr. Dent drove the vehicle that struck the Burgesses head-on. She was insured by Westfield, which paid full $100,000 liability limits to the plaintiffs. In dispute is Crisp's coverage by State Farm and Dent's Westfield policy, both about underinsured motorist benefit limits. Burgesses want jury award in excess of jurisdictional limits against Dent and compensatory, special and general damages together with court costs and pre- and post-judgment interest. They request UIM coverage from State Farm up to the $100,000 limit, among other demands, and compensatory and punitive damages, pre-judgment interest, court costs and further relief the Court may grant.
Case number: 10-C-134

June 7
Scott G. Mandirola, director, Division of Water & Waste Management; and Thomas L. Clark, director, Division of Mining & Reclamation, Department of Environmental Protection vs. Pine Ridge Coal Co., LLC
PA- A.M. "Fenway" Pollack; J- Thompson
* State DEP agencies want Pine Ridge "enjoined from any and all future violations of the SDWA (Safe Drinking Water Act)." The coal company, says the State, has exceeded discharge limitations for certain water pollutants in its underground injection control permit. Court can impose a $25,000 per day penalty for each violation.
Case number: 10-C-137