WEST VIRGINIA RECORD

June 8
Brandon Poe vs. David Ballard, Warden, Mount Olive Correctional Complex
PA- pro se; J- William S. Thompson
* Mount Olive inmate contends he is entitled to resentencing for appeal purposes and appointment of appellate counsel. Poe was sentenced as early as November 2005 for several felonies, including malicious assault, first degree robbery and wanton endangerment. He says his counsel at that time failed to file an appeal, as he desired.
Case number 10-C-138

Robert Harper, Jr.; Michael B. James, Ted Morriston, James Treadway, Clifton
Scott vs. Massey Coal Services Inc.
PA J. Michael Ranson, Cynthia M. Ranson, George B. Morrone, III, G. Patrick Jacobs; J- William S. Thompson
* Class action suit claims Defendant violated the West Virginia Wage Payment & Collection Act, Chapter 21, Article 5, and specifies no involvement of Federal law. Plaintiffs say specific wage and hour violations included reporting to meetings, pre- and post-trip inspections off the clock, and travel to and from the start of work to an equipment site all without payment. They demand jury judgment for an amount equal to loss of all wages, plus interest; liquidated damages, attorney fees and costs, plus such other relief deemed just and proper.
Case number 10-C-139

June 14
State Department of Health & Human Resources in the Interest of Geraldine Blosser, Incapacitated Adult
PA- Jennifer L. Anderson; J- William S. Thompson
* DHHR petitioned that the 66-year-old Peytona resident be defined as an incapacitated adult in an emergency situation with no one available to alleviate her situation. Judge Thompson appointed L. Scott Brisco as guardian ad litem to represent Blosser and ordered DHHR to transfer the woman and her belongings to an appropriate adult care facility, hospital or nursing home. State agency was appointed legal guardian and Judge Thompson scheduled June 22 for a hearing to determine future handling of the situation.
Case number 10-C-142

June 22
John M. Bias, Joseph R. Blevins, Gene A. Bowen, Monty E. Boytek, Randy Boytek, John Chandler, James E. Elswick, Jr.; Westley Fraley, Michael Gallaher, Rondal Gillespie, Jr.; Fred V. Harless, Carlos G. Jarvis, Jr.; Dennis A. Miller, David G. Townsend vs. Arkema, Inc.; Belmont Laboratories, Cannelton Industries, Commercial Testing & Engineering Co., Diamond Shamrock, Inc.; Dow Chemical Co., Eastern Associated Coal, LLC; Gulf States Energy, Inc.; ICL-IP America, Inc.; IneosChlor America, Inc.; Interstate Chemical Co., Inc.; JSC Kaustik, Magic Chemicals, Inc.; Mid-State Chemical & Supply Corp., Miljac, Inc.; Occidental Chemical Corp., Oltchim, S. A.; Peabody Holding Co., Inc.; PPG Industries, Preiser Scientific, Inc.; Primachem, Inc.; PVS Chemicals, Inc.; Solvay Chemicals International SA, UnivarUSA, US Chemicals, Inc.; Legacy Vulcan Corp., Westmoreland Coal Co.
PA- Thomas F.Basile; J- Thompson
* Plaintiffs' "Mass Tort Litigation" seeks jury awards of damages, jointly and severally, for personal injuries caused by exposure to chemicals in float-sink coal laboratories and related facilities. (Float-sink labs test specific gravity of coal, among other things, to assess quality and washability.) Complaint alleges deliberate intent by employer defendants for failure to warn against exposure to toxic chemicals and adequate warning by defendant manufacturers and distributors of adverse health effects. Plaintiffs want trial determination of compensatory and punitive damages, recovery of costs for medical screening and future medical monitoring, litigation costs, pre-and-post-judgment interest, and other and further relief deemed just and proper.
Case number 10-C-144

Winfield & Helen Lafferty vs. Massey Energy Co., AT. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co., Independence Coal Co., Omar Mining Co.
PA- John E. Sutter, Robert H. Miller; J- William S. Thompson
* Longtime Seth residents contend Defendants' mining operations have caused contamination of their well water, which no long is safe to drink or use for household purposes. Laffertys say independent scientific testing of the Seth-Prenter water supply shows such toxic substances as arsenic, manganese, iron, lead and sulfides. They want jury judgment against the coal companies, jointly and severally, for a host of alleged damages and injuries attributed to unlawful, wrongful and negligent conduct.
Case number 10-C-146

June 23
Wayne Turner vs. David Stanley Consultants, LLC; Elk Run Coal Co., Inc.; Massey Coal Services, Inc.
PA- Robert B. Warner, Tammy Bowles Raines; J- William S. Thompson
* Stanley Consultants is described as Turner's employer engaged in the business of contracting laborers for work in the coal mining industry. Plaintiff, in October 2008, was employed in Elk Run's Roundbottom Powellton Deep Mine at Sylvester, owned by Massey. Turner relates he was being transported by personnel carrier ("mantrip") underground with 10 other workers. Attempting to stop the mantrip at a designated point, Complaint says, the driver was unable to stop the carrier by setting the brake. Complaint says the mantrip rolled backwards several feet, derailed and slammed into coal piller, causing Turner to suffer permanent and severe injuries. He contends miners were required to ride an unsafe mantrip designed to carry nine people, but overloaded with 11 passengers. Turner demands jury judgment for compensatory and punitive damages against Defendants, jointly and severally; pre- and post-judgment interest, attorney's fees and litigation expenses.
Case number 10-C-148

June 28
Scotty & Rebecca Powell vs. Bank of America, N.A. dba Bank of America Home Loans fka Countrywide Home Loans, Inc.; Hometown Real Estate, Inc.; Roseanna Trent, an individual; BAC Home Loans Servicing, LP, and John Doe Holder
PA- Daniel F. Hedges; J- William S. Thompson
* Madison couple complains Defendants engaged in predatory lending by soliciting "unsophisticated consumers to enter into unwise home secured loan based on misrepresentation and suppressions of an increasing payment." Powells were looking to obtain financing to purchase a home in October 2006. Complaint says "It was only after the payments began to increase in mid- to late-2008 that Plaintiffs discovered this was a result of loan terms that were intentionally suppressed from them." They say they got "confusing and conflicting information and instructions" for several months. Fearing foreclosure on their home, the Compaint says, Powells signed an "unfavorable loan modification" to begin December 2009. Counsel representation was obtained early this year. Powells seek a jury trial, citing some eight issues including fraud, unconscionable contract, breach of contract and illegal debt collection. They want actual damages and a $4,300 civil penalty for each violation of State Code, punitive damages, attorney's fees, court costs, and such other relief deemed equitable and just.
Case number 10-C-152

June 30
GEICO Insurance Co., as Subrogee of Richard McNeely, III vs. Clifford Adkins Jr.
PA- Ryan S. Marsteller; J- William S. Thompson
* GEICO contends Adkins caused a September 2008 collision of his vehicle with McNeely's motorcycle on Smith Drive, resulting in damages and physical injury. Also, the insurer believes Adkins did not have valid insurance coverage. Since he was responsible for the collision, according to the complaint, Adkins is liable for any and all damages and GEICO seeks jury judgment for $16,637, plus pre- and post-judgment interest, and litigation costs.
Case number: 10-C-153

July 1
US Bank, NA vs. Kermit & Pamela Bender
PA- Robert L. Bandy; J- William S. Thompson
* US Bank says it's the successor by merger to Firstar Bank, N.A., which contracted with the Benders in October 2001 to finance a manufactured home. The original principal amount was $45,765 and the total sum was $105,595 for 240 monthly installments beginning in December 2001. The current Clothier residents defaulted on the agreement and US Bank wants to repossess the structure as collateral on the debt. Bank seeks judgment for $40,595, plus late fees of $1,437 together with accruing 9.9 % annual interest, court costs, and any deficiency in the amount realized from sale of the repossessed manufactured home.
Case number 10-C-154

Tracy Lambert, as Parent/Guardian of Brandon M. Lambert, Infant vs. Boone County Board of Education
PA- Brian L. Ooten, Jamie F. Little; J- William S. Thompson
* Complaint alleges "negligence, gross negligence and recklessness" by Van High School authorities when 9th-grader Brandon Lambert was beaten pursuant to changing clothes from gym class in the locker room late in February 2009. Personal injury suit says".. .three male students entered..." while Lambert was alone changing clothes and".. .Ryan Boggs began hitting Brandon Michael Lambert...while the other two students observed and acted as lookouts...Ryan Boggs continued hitting (Lambert) for approximately ten minutes...At one point...so hard that Ryan Boggs broke his own fist." Lambert demands jury judgment for medical expenses, among other things, scarring and disfigurement, litigation costs, pre- and post-judgment interest, and all other relief to which he is entitled.
Case number 10-C-156