CIVIL FILINGS: Kanawha County

By Kyla Asbury | Aug 27, 2010

Aug. 16

Aug. 16
Terry Cummings vs. Toyota Motor Sales, USA
PA- Michael L. Glasser; J- Charles King
* On Sept. 11, 2008, Cummings purchased a new 2009 Toyota Tacoma from Bert Wolfe Ford Toyota for $26,965. Cummings claims after purchasing the vehicle, he began to experience repeated non-conformities with the vehicle and after a reasonable number of attempts, the defendant did not conform the vehicle to its warranty, nor replace the vehicle with a comparable new vehicle that did conform to the warranty. He is seeking revocation of acceptance and refund of the purchase price of the vehicle, including sales tax, license and registration and other reasonable expenses; damages for repair costs; and damages for loss of use and annoyance or inconvenience.
Case number: 10-C-1471

Aug. 17
Brandy Eplion vs. C.O Crawford, individually and in his official capacity as a correctional officer of the West Virginia Division of Corrections; the West Virginia Division of Corrections, an agency of the state of West Virginia; and John Doe, unknown person or persons
PA- Kerry A. Nessel; J- Jennifer Bailey
* Eplion claims she was sexually abused, sexually assaulted and sexually harassed by Crawford during her incarceration at the Lakin Correctional Center. She claims the WVDOC owed a duty to her to provide a reasonably safe confinement facility and failed to do so. She is seeking compensatory and punitive damages.
Case number: 10-C-1473

Aug. 18
Melinda D. Walker and Nela B. Stennett vs. John G. Byrd, Old Colony Company and First American Home Buyers Protection Corporation
PA- Robert E. Stennett; J- Paul Zakaib Jr.
* The plaintiffs purchased real estate in Dunbar from Byrd on Aug. 19, 2008. They claim Byrd failed to disclose any problems with the property and indicated that he "has never occupied the land." Walker and Stennett claim they later learned that the previous owner disclosed moisture and/or water problems in the basement of the property to Byrd when he had purchased the property and that the defendants attempted to correct the problems, but did so in a "negligent manner, which allowed the moisture and/or water problems to continue after the plaintiffs purchased the property." The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 10-C-1480

Bertha D. Laughlin vs. Kanawha Valley Transit Authority and John Doe
PA- John C. Blair, Kendal E. Partlow; J- Charles King
* On Aug. 21, 2008, Laughlin was a passenger on a vehicle being driven by Doe and owed by Kanawha Valley Transit Authority, when Doe lost control of the vehicle, causing Laughlin to be violently thrown about the interior of the vehicle. She is seeking compensatory danages.
Case number: 10-C-1481

Aug. 19
Conna Poe vs. Kroger Limited Partnership I, Inc.; Kroger Group Cooperative, Inc.; and M&J General Contractors, LTD
PA- Harvey D. Peyton; J- Charles King
* On Dec. 11, 2009, Poe was on the defendants' premises in St. Albans when she fell on gravel near the front door of the store. She is seeking compensatory damages.
Case number: 10-C-1486

Robert M. Harpold vs. Audi of America, Inc.; Bert Wolfe, Inc.; and Bert Wolfe Ford Porsche Audi, Inc.
PA- John H. Tinney Jr., Heather D. Foster Kittredge, John K. Cecil; J- James C. Stucky
* On July 24, 2007, Harpold leased a 2008 Audi TT convertible from the defendants. He claims soon after leasing the vehicle, he began to experience non-conformities with the vehicle and after several attempts to repair it, the vehicle was still defective. He is seeking for the lease to be declared canceled by rejection, rescission or revocation of acceptance; that the court enter a declaratory judgment declaring the defendants' to be in violation of the West Virginia Consumer Credit and Protection Act and/or the West Virginia Uniform Commercial Code; and compensatory damage with pre- and post-judgment interest.
Case number: 10-C-1489

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