CIVIL FILINGS: Boone County

by Harmon Marks |
Sep. 3, 2010, 2:05am

Aug. 2
Melinda S. Nelson, individually and as mother and next friend of Emma E. Nelson, a minor vs. Christopher W. Tully and AllState Insurance Co.
PA- Matthew M. Hatfield; J- William S. Thompson
* Complaint says Tully operated his truck in a careless, reckless and negligent manner causing a rear-end collision with the automobile driven by Melinda Nelson on four-lane US Route 119 near Danville in early August 2008 resulting in "serious and permanent injuries" to her and minor daughter Emma. The Nelsons demand jury trial for judgment in excess amount of jurisdictional limits and for compensatory, special and general damages, plus litigation costs and pre- and post-judgment interest.
Case number: 10-C-182

Aug. 10
Terry Hill vs. Kathy A. Breedlove
PA- Robert A. Goldberg; J- Thompson
* Hill wants a jury to sort out his financial entitlements as an heir of the Estate of Nona E. Thompson, complaining Breedlove, appointed Administratrix after Thompson's October 2009 death, unlawfully handle financial matters. Both principals reside in Lincoln County, but at issue are funds held by Boone County Bank. One example detailed by the complaint is a $66,000 Certificate of Deposit titled in the names of Thompson, Hill and Breedlove as joint tenants with right of survivorship; Hill says he has not been able to recover half the CD amount. Hill says Breedlove "exercised complete dominion, control and possession ..." of other Thompson accounts "to the exclusion and detriment of plaintiff." A safe deposit box and "Tobacco Buyout" pose other issues. Hill seeks jury judgment for his share of the Thompson Estate, plus a variety of damages, pre- and post-judgment interest and all court expenses.
Case number: 10-C-194

Aug. 12
Lawrence J. Cook & Amber Cook vs. Patriot Coal Corp., Steven Lafferty & Marshall Litton
PA- Timothy C. Bailey, J. Ryan Stewart; J- Thompson
* Cook says he was directed to do roof bolting near the production face of Patriot's Harris No. 1 underground mine in August 2008 where pillars and ribs "were dangerous and unstable." He contends management employees Lafferty and Litton were fully aware of the condition. While Cook worked, his complaint says "the entire rib on his side of the roof bolting machine rolled and fell onto plaintiff." Large amounts of coal and rock, the complaint continued, covered him and caused crushing injuries to his left side and back. Cook had surgery from what he describes as "severe, permanent and disabling" injuries. The Kopperston couple seeks jury awards, jointly and severally, for compensatory damages, all court costs, pre- and post-judgment interest and any other relief the Court deems they're entitled to.
Case number: 10-C-198

Aug. 16
Robert Powers vs. Appalachian Security, Inc.
PA- Todd S. Bailess; J Thompson
* Powers says the Kentucky company violated the West Virginia Wage Payment & Collection Act by failing to pay his employment wages owed in full within 72 hours of his discharge last July 5. He seeks jury determination of various damages, plus pre- and post-judgment interest, litigation expenses and such further relief deemed just and equitable.
Case number: 10-C-199

Aug. 19
Kimberly Jarrell, formerly known as Morris vs. GE Money Bank & Allied Interstate, Inc.
PA- Paul W. Roop II; J- Thompson
* Jarrell claims Defendants repeatedly violated the West Virginia Consumer Credit & Protection Act attempting to collect a credit card debt after she referred them to her attorney. Among five counts brought against the firms is violation of the (Federal) Telephone Consumer Protection Act. Demanding jury trial, the suit stipulates "The Plaintiff shall neither seek nor accept an amount greater than $74,999 ..."
Case number: 10-C-200

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