CIVIL FILINGS: Cabell County

By Kyla Asbury | Aug 13, 2010

Aug. 4

Aug. 4
Stephen Bragg vs. Appalachian Power Company d/b/a American Electric Power
PA- R.R. Fredeking II; J- David M. Pancake
* The defendant has a power line that goes across Bragg's property. Bragg claims AEP had Asplundh Tree Expert, Co., cut down trees on his property and refused to remove the brush and trees cut, leaving his property in a state of disarray and unusable. He is seeking compensatory damages with pre- and post-judgment interest.
Case number: 10-C-573

Aug. 5
Gregory Donnally vs. Scott Hutchison Enterprises, Inc. d/b/a Xpress Used Cars & Detailing, a West Virginia corporation
PA- Frank Venezia; J- F. Jane Hustead
* Donnally was employed by the defendant. On April 22, 2009, Donnally was injured when he fell approximately 20 feet from a ladder to the concrete surface below. He is seeking compensatory damages.
Case number: 10-C-575

Aug. 6
William G. Fulks vs. Bac Home Loans Servicing, LP, f/k/a Countrywide Home Loans
PA- Brian Blickenstaff; J- F. Jane Hustead
* On March 14, 2004, Fulks purchased a home in Culloden which was financed with a loan by the defendant. Since December 2009, the defendant has refused to accept Fulks' payments on his loan, according to the suit. Fulks claims the defendant has returned five payments that he has made to them and ha improperly and illegally continued to charge him late fees on the payments that they refused to accept. Fulks is seeking actual damages, civil penalties and punitive damages.
Case number: 10-C-580

Mark Patrick vs. Calgon Carbon Corp.
PA- Kenneth P. Hicks, Roger L. Lambert; J- David M. Pancake
* Patrick was employed by the defendant from Oct. 26, 1987, until Nov. 3, 2006. On Feb. 5, 2009, he claims he submitted his application for disability retirement under the defendant's pension plan, but was denied. He is seeking compensatory and punitive damages.
Case number: 10-C-581

Randall Robertson vs. National Asbestos Workers Pension Fund
PA- Kenneth P. Hicks, Roger L. Lambert; J- David M. Pancake
* In September 2001, Robertson filed a claim for and received disability retirement benefits under his plan with the defendant. He claims when he returned to work, he "assumed that defendant was aware of his employment status and had unilaterally stopped paying him disability retirement benefits." Without his knowledge, Robertson's wife continued to receive his disability retirement benefits through July 2003, according to the suit, of which he did not learn about until the couple's separation in August 2003. By that point, Robertson claims, he was indebted to the fund in the amount of $11,615. He claims in 2004 he became disabled again and filed another claim with the defendant, but despite having a legitimate disability, the fund repeatedly denied his claim. He is seeking compensatory and punitive damages.
Case number: 10-C-583

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