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WEST VIRGINIA RECORD

Thursday, March 28, 2024

CIVIL FILINGS: Ohio County

July 7
Marty Trabert, individually and on behalf of all others similarly situated vs. JAK Productions, Inc.
PA- Sandra K. Law; J- Wilson
* Plaintiff and Class members consist of those persons employed at West Virginia facilities, between 2005 and 2010, were discharged and paid their wages in an untimely manner. Trabert does not seek any form of "common" monetary recovery, but rather seeks separate and distinct recoveries, not to exceed $75,000 each.
Case number: 10-C-238

July 8
Barbara J. Farnsworth vs. Tabatha Joy and Thomas Barnaba
PA- David A. Jividen; J- Gaughan
* On July 5, 2009, at the intersection of Virginia and South York Streets, Tabatha Barnaba ran a stop sign and drove into plaintiff. At the time of the collision, she was 17 and operating a vehicle owned by her father. Farnsworth has incurred medical expenses and has suffered a diminished ability to earn a living. A judgment is demanded for compensatory damages.
Case number: 10-C-240

July 6
Robert William McFarland vs. State of West Virginia
PA- Pro Se; J- Recht
* On June 6, 2009, plaintiff pleads guilty to the first degree offense of attempted robbery. He appeared in front of a Judge only and received a 70-year sentence. He was denied a request to be treated under the Youthful Offender's Act, on Jan. 28, 2010. Stephen D. Herndon represented him at trail. A rehearing is sought for his coerced confession.
Case number: 10-C-241

Ellen Castilow and William Castilow vs. Jane Cline and Lester Cline
PA- Gregory A. Gaudino; J- Gaughan
* On Aug. 23, 2008, Ellen Castilow was traveling eastbound on U.S. 40 near its intersection with Richland Township. Jane Cline failed to maintain control and stop and yield to all vehicles on Route 40 which are not obligated to stop. As a direct result of the negligent actions injuries have been sustained. Compensation is sought, jointly and severally, for damages.
Case number: 10-C-242

July 20
Wheeling Post 1 Athletic Club vs. The American Legion, Department of West Virginia, Inc.
PA- Donald J. Tennant, Jr.; J- Recht
* It is the contention of the Wheeling Post 1 Athletic Club that the National American Legion tournament rules inclusive of the Area Tournament Championship, and cannot be altered by any rules set forth by The American Legion Department of West Virginia, Inc. To the extent that the 2010 American Legion Baseball guidebook distributed by The American Legion Department of West Virginia, Inc. is in conflict with the national rules and the local rules shall not apply.
Case number: 10-C-249

Patrick Eugene Tribett vs. CafePress.com, Inc.; Zazzle, Inc.; Amazon.com, Inc.; The Smoking Gun.com
PA- Pro Se; J- Wilson
* In October 2009, plaintiff was referred to H. John Rogers by Scott Pinter of the Unity Center, to explore what could be done to stop continual and harmful assault on Tribett's image and name. Many of Cafepress' products bear plaintiff's image, in a sometimes false and always disparaging presentation, and are advertised on the Cafe's website along with plaintiff name. Plaintiff requests this Court assess both compensatory and punitive damages and that this Court prohibit the commercial exploitation of his identity.
Case number: 10-C-250

Panhandle Cleaning and Restoration Inc. vs. Work Theatres Inc.
PA- Lisa M. Hawrot; J- Gaughan
* In November 2006, certain real and personal property at Plaza Inn, owned by defendants, suffered extensive property damages as a result of a fire. Panhandle was contacted to repair the fire damage. Plaintiff completed all of the remaining work under its portion of the approved estimates. Mr. Work advised that the requested a portion of the insurance proceeds, in the amount of $16,994.14, would be withheld. As a result of Work Theatres' continuous refusal to pay for the dry cleaning service, Panhandle was required to remit payment to Shuey's, as its subcontractor, the total amount of $21,278.34. Judgment for $21,278.34 is demanded.
Case number: 10-C-251

July 21
James Forshey vs. Elizabeth M. Beal and John Agostino
PA- David A. Jividen; J- Wilson
* On March 12, 2009, at the intersection of National and Oakmont Road, Elizabeth Beal pulled out in front plaintiff. A particular to this negligence was that she was driving under the influence of alcohol. John Agostino's negligently entrusted his vehicle to an individual known to drive intoxicated. As a direct and proximate result of these acts, Forshey has suffered physical pain, incurred medical bills, and economic loss. Compensatory and punitive damages are sought.
Case number: 10-C-252

John R. Yanchak and Patricia S. Yanchak vs. Tracy L. Lindh and Thomas Lindh
PA- Mark D. Panepinto; J- Gaughan
* On July 25, 2008, the plaintiff, John Yanchak, was traveling on his motorcycle in Wheeling, with plaintiff, Patricia Yanchak, traveling behind him on her motorcycle. Tracy Lindh, suddenly, without notice, drove her automobile, without yielding right of way, in front of the motorcycle plaintiff was operating causing him to collide with defendant's vehicle. As a result of this accident, plaintiff has suffered injuries throughout his body, some of which are permanent in nature. Adequate compensation is demanded in a trial by jury.
Case number: 10-C-253

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