WEST VIRGINIA RECORD

June 11
Colleen Myers vs. Kroger Group Cooperative, Inc.
PA- Teresa C. Toriseva; J- Recht
*On Jun. 13, 2008, plaintiff visited the Mount DeChantal Road store. While walking in the parking lot, she stepped in a pothole in the asphalt near the main entrance.
Case number: 10-C-201

June 14
Beth Anne Smail vs. First Franklin Financial Corporation, Personal Mortgage Brokers, Harold L. Baker, Chase Home Finance, Wells Fargo Bank Minnesota, as trustee for First Franklin
PA- Sara Bird; J- Gaughan
* In Sept. 2002, Smail was current with her previous mortgage when she sought $10,000 for home improvements. The appraisal represented her home value at $202,000. The true market value was about $138,000. This suit claims plaintiff was induced into an exploitive loan that exceeds the value of her home and based on a fraudulent appraisal.
Case number: 10-C-202

June 15
Carol McDonald vs. Wheeling Hospital, Inc.
PA- Gregory A. Gellner; J- Wilson
* Following a coronary angioplasty, McDonald requested permission to use the restroom. While being assisted out of her bed, on June 18, 2008, plaintiff claims hospital employees failed to properly assist her allowing her to "drift" and fall. As a direct and proximate result, she has suffered other injuries and seeks compensatory damages.
Case number: 10-C-203

Wheeling Island Gaming, Inc. vs. Carl V. Myers, Linda C. Forrester and Ronald W. Kasserman, Jr.
PA- Bradley K. Shafer; J- Gaughan
* This case involves defendants attempt to call Foresster and Myers as witnesses to testify to alleged discriminatory conduct they experienced while employed at Wheeling Island. Both parties entered into a Confidential Settlement Agreement. The Agreements contain provisions that prohibit disclosure of the terms. In anticipation of these breaches and their potential damage in this case, the plaintiff seeks injunctive relief to prevent irreparable harm if they are allowed to testify in this matter.
Case number: 10-C-204

Thomas Stearns Eliot Rogers vs. State Farm Mutual Insurance Company, E. Kay Fuller and Jenna Perkins Wood
PA- H. John Rogers; J- Recht
* On Sept. 15, 2009, in Wetzel County Circuit Court, plaintiff stated he would settle for an additional $5,000, for a total of $15,000. An order is requested directing State Farm to pay the agreed additional relief.
Case number: 10-C-212

June 18
Hardwood Interiors, Inc. vs. Michael Price Construction
PA- Ward D. Stone, Jr.; J- Gaughan
* $7,567.15 is due on invoice for building material that was purchased from plaintiff in Sept. 2006. Judgment is demanded against defendant, together with pre- judgment interest from Mar. 31, 2007.
Case number: 10-C-213

June 22
Courtney Swart vs. Gregory's Select Pre- Owned Autos and Joseph Cornish
PA- Gerald E. Lofstead III; J- Wilson
* Plaintiff purchased a 1995 Pontiac, on Jan. 22, 2010, for the price of $4,000. Within one day of purchase major malfunction with the vehicle were found. Swart asserts these as grounds for revocation of the contract between herself and defendants. An award to fully reimburse her out of pocket expenses is demanded.
Case number: 10-C-214

Michael Bibbee, Carey G. Doll; Cindi L. Greathouse; Kevin L. Huntsman; James E. Nixon; and Keith E. Wisor vs. Arkema, Inc.; Belmont Laboratories; Diamond Shamrock, Inc.; Dow Chemical Company, et al.
PA- Thomas F. Basile; J- Wilson
* Plaintiffs bring this action for personal injuries caused by exposure to chemicals used in float- sink laboratories and related facilities where they worked in West Virginia. Failure of defendant employers to provide adequate warning of the adverse health effects and risk from exposure have caused personal injuries to be sustained. Plaintiffs seek compensatory and punitive damages for their injuries and recovery of the costs for medical screening and future medical monitoring.
Case number: 10-C-215

June 23
United Bank, Inc. vs. Thomas J. Folmar; and Cassie L. Ringer
PA- Andrew C. Woofter, III; J- Mazzone
* A promissory note was signed, on Aug. 14, 2008, to purchase a Chevrolet Blazer. Plaintiffs were granted a first priority security interest in said automobile in connection with this transaction. Defendant fell delinquent and the balance due was accelerated. Judgment of $6,595.38 is demanded.
Case number: 10-C-217

June 25
Ralph D. Yagulli and Carol L. Yagulli vs. Steven A. Harr
PA- Travis Fitzwater; J- Gaughan
* On Sept. 1, 2008, Ralph Yagulli began to slow to accommodate slowed traffic ahead of him. He was rear –ended by a vehicle driven by Steven Harr on Interstate 70. This collision caused injuries and damages for which plaintiffs continue to suffer serious pain. The sufferings entitle them to damages in an amount to be determined by jury.
Case number: 10-C-219

WesBanco Bank, Inc. vs. Kimberly Stefnik
PA- Robert A. Flaugher; J- Wilson
* Pursuant to a Deed of Trust, plaintiff foreclosed on the described premises. After the application of sale fees, $6,133.05 is sought from defendant.
Case number: 10-C-221

Andrea Hartong and Montana Hartong vs. Tammy Jo Kleeth and Robert Allen Kleeth
PA- Daniel M. Balgo; J- Mazzone
*This action arose from an automobile crash that occurred on July 4, 2008. Plaintiffs demand judgment along with punitive damages.
Case number: 10-C-222

First Choice America Community Federal Credit Union f/k/a Steel Works Community Federal Credit Union vs. Glenna M. Whitecotton
PA- Kevin M. Pearl; J- Wilson
*Defendant's last payment on a Loan was Nov. 3, 2006. This failure constitutes a default and results in acceleration of the balance. Judgment in favor of the plaintiff, in the amount of $11,493.53, is requested.
Case number: 10-C-223

Jun. 28
Chase Bank USA, N.A. vs. Lou M. Greiner, Jr.
PA- Paul S. Atkins; J- Wilson
*Defendant owes plaintiff the sum of $30,379.42 all of which remains now due and payable. Judgment is demanded for this amount along with interest and costs.
Case number: 10-C-224
Christopher Gamers vs. Dairyland Insurance Company
PA- Kathleen J. Fantazzi; J- Wilson
*On Jul. 14, 2008, plaintiff was driving west on Fourth Street in Moundsville. Alicia Dayton turned into his lane of travel causing him to strike the passenger side of her vehicle. He has suffered multiple bones fractures to his left foot. The damages to plaintiff exceed the limits of the $20,000 accepted from State Farm. Gamers claim he is entitled to recover underinsured motorists benefits as a result of the injuries sustained in this collision.
Case number: 10-C-225

Dorothy Miller vs. Earl Milbaugh
PA- Don A. Yannerella; Quan S. Le; J- Gaughan
*Plaintiff was a passenger in a vehicle driven by Kathy Yannerella. They were stopped at a stop sign at Eoff and 14th Street, on Feb. 4, 2010. As a direct and proximate result of Milbaugh's failure to maintain control, Miller suffered injuries which may require surgical intervention by Dr. Bailes. Compensatory damages plus costs are demanded.
Case number: 10-C-226

June 28
CitiFinancial Auto vs. Rich F. Green, Jr.; Veronica Green
PA- Alison R. Gerlach; J- Gaughan
* An assumption of liability agreement was entered on Nov. 18, 2008. Defendant, Veronica Green, filed a chapter 13 bankruptcy on Nov. 24, 2008. Plaintiff demands an order of seizure of the 2004 Ford Explorer to which immediate possession is entitled by virtue of the Agreed Order Terminating Stay.
Case number: 10-C-228

Charleen Hatten, as Executrix of the Estate of Susan Biery, deceased vs. Guardian Elder Care at Wheeling, LLC d/b/a Peterson Rehabilitation Hospital and Geriatric Center, and John or Jane Doe
PA- Shane M. Mallett; J- Recht
* Biery was a resident inpatient when she fell while being ambulated on June 26, 2008. Peterson failed to exercise protective precautions for her safety due to her weakened physical state. This violent fall is claimed as a proximate result of her improper transport and subsequent death. The Executrix of the Estate demands judgment.
Case number: 10-C-229

Carter W. Strauss and Barbara S. Strauss vs. Anna Margrethe Lindemann, Charles J. Lindemann, and Marcia R. Lindemann
PA- James C. Gardill; J- Recht
* Defendants acquired the property located on Deer Run Drive by Deed dated Feb. 13, 2001. Plaintiffs state the property has been allowed to deteriorate in breach of the Deed covenants. This action is initiated because Anna Lindemann and her parent have failed to remedy the situation. Plaintiffs claim they will be irreparably harmed if the Court does not grant the requested injunction.
Case number: 10-C-232