CIVIL FILINGS: Boone County

by Harmon Marks |
Aug. 20, 2010, 2:10am

July 13
Roger Wolfe, Jr. & Kimberly D. Wolfe vs. Pine Ridge Coal Co., LLC and John Pauley
PA- Robert V. Berthold Jr., Robert V. Berthold III; J- William S. Thompson
* Personal injury suit seeks jury awards for compensatory damages, jointly and severally, in excess of usual sums, together with pre- and post-judgment interest, litigation costs and further and general relief Court may deem proper. The Nellis resident charges failure of the Patriot Coal Corp. subsidiary to provide a safe work place at its Big Mountain No. 16 Mine, where on Nov. 6, 2009, a large, wedge-shaped piece of rock, weighing about 70 pounds, fell on Wolfe's right foot causing "a three-fourths amputation, a bone graft surgery, and will require additional surgeries..." The personal injury suit alleges there were at least 11 known safety violations in the mine through last February and Supervisor Pauley directed Wolfe and other employees "to work in a 'dangered off area ...'"
Case number 10-C-166

Carl Jenkins vs. Patriot Coal Corp. and Catenary Coal Co., LLC
PA- Roger D. Forman; J- Thompson
* Jenkins complains Catenary Coal terminated him after 15 years employed as a warehouse technician because of his age. Because he was 40 years old last October, when terminated, Jenkins cites job protection under the West Virginia Human Rights Act. Saying his civil rights were violated, he seeks jury awards for back pay and benefits to date of verdict, reinstatement and front pay, attorney's fees and costs, exemplary and punitive damages and other further relief deemed fair and just.
Case number 10-C-168

Morris Huddleston vs. Patriot Coal Corp., Catenary Coal Corp., LLC
PA- Roger D. Forman; J- Thompson
* The 57-year-old Huddleston says he was terminated because of his age in violation of the State Human Rights Act by Patriot subsidiary Catenary. He was employed as a warehouse technician from January 1990 to October 2009. Claiming his civil rights were violated, he wants a jury to reinstate him with back pay (if Defendant does not reinstate him, then front pay), award loss of benefits, punitive damages and litigation costs.
Case number 10-C-169

July 15
Green Tree Servicing, LLC, Successor in interest to Conseco Finance Servicing Corp. vs. Pamela J. Donahue
PA- Jason S. Long, Jennifer S. Caradine; J- Thompson
* Green Tree seeks to repossess the $72,997 Clayton manufactured home the Seth woman contracted to purchase in November 1999. Contract terms showed a total sum of $123,045 in 240 consecutive monthly installments and made the unit a security interest for the finance company. Saying Donahue failed to make full installment payments, Green Tree claims she has wrongful possession of collateral according to her defaulted contract.
Case number 10-C-170

July 16
Mary Pauley vs. Massey Energy Co., AT. Massey Coal Co., Inc.; Elk Run Coal Co., Inc.; Black Castle Mining Co., Independence Coal Co., and Omar Mining Co.
PA- John E. Sutter, Robert H. Miller II; J- Thompson
* The Seth resident's personal injury suit alleges coal company operations led to "concentrations of known human carcinogens and toxins in the drilled water supply..." Pauley says her well water has been contaminated and no longer is safe to drink or use for household purposes. She wants jury judgment "against the Defendants, both jointly and severally, for all injuries and damages proximately caused by the negligent and/or wrongful conduct...," awarding all her litigation costs, have the Court administer and supervise a medical monitoring program on her, have a Court order to abate any public or private nuisance, Court order that Defendants provide clean and safe water for her, jury awards of pre- and post-judgment interest, and all other relief deemed just and proper.
Case number 10-C-172

July 19
Margaret Canter, Carl T. Sanders, Nathan O. Sanders, Morris R. Sanders, Bobby L. Sanders, Denzil B. Sanders Jr.; Ha F. Derouin, Betty Green, Dorothy B. Tucker, Gladys A. Ashby and Oleta R. Spurlock vs. Eastern American Energy Corp. and Energy Corporation of America
PA- Richard A. Monahan; J- Thompson
* Plaintiffs residing in West Virginia, Virginia, Kentucky, Florida and Michigan are heirs of some 38 1/2 acres of property known as "The Mattie Sanders Heirs Property" located at Six Mile Creek, Washington District. The property is adjacent approximately 200 acres, where Defendants obtained mineral rights. Plaintiffs relate that in April 2008 they did not agree to provide an easement on their property for one or more gas pipelines. Heirs say the energy company conducted "intentional and unlawful trespass" by installing pipelines that "altered and damaged the surface and subsurface of Plaintiffs' real property, including, but not limited to, the cutting, destruction, and/or removal of timber ..." which they discovered in November 2008. Plaintiffs detail five counts in their complaint, each demanding judgment jointly and severally, for compensatory and punitive damages in amounts to be determined by a jury, litigation costs, plus such other, further and general relief as deemed just and proper by the Court.
Case number: 10-C-174

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