CIVIL FILINGS: Boone County

by Harmon Marks |
Oct. 8, 2010, 2:05am

Sept. 7
Barbara Carr vs. City National Bank of West Virginia
PA- Bren J. Pomponio; J- William S. Thompson
* Whitesville woman seeks jury awards for damages because City National engaged in illegal debt collection and breach of contract for her home equity credit line. Carr says the bank wanted a foreclosure sale last month over a $699 arrearage and $2,157 of attorney's fees. Early this year, her complaint says, she struggled with payments because she had been wrongfully terminated by Verizon after 10 years employment. Carr says the bank's demand for attorney's fees "wrongfully inflated the amount needed to reinstate the loan by over three times." Among her requests for jury relief are civil penalties of $4,400 for each violation relative to illegal debt collection, enjoinment from foreclosing on her property, an actual damages and litigation expenses.
Case number: 10-C-209

Sept. 9
Amber Gibson vs. Advance Stores Co., Inc., dba Advance Auto Parts
PA- Thomas H. Peyton; J- Thompson
* Gibson contends her gender motivated discharge from employment last January in violation of the State Human Rights Act, and during almost four years with the Defendant she was paid a lower hourly rate than less experienced and qualified male employees. The Danville woman demands jury judgment for compensatory, punitive and liquidated damages, and her court costs.
Case number: 10-C-210

Bryan Abernathy vs. Massey Energy Co., Massey Coal Services, Inc.; Logan County Mine Services, Inc., & Highland Mining Co.
PA- Harry M. Hatfield; J- Thompson
* Abernathy's personal injury suit says he was employed as a Preventive Maintenance Technician in November 2005, suffered a compensate injury in September 2008, and was temporarily disabled within the meaning of the West Virginia Human Rights Act. After being released to return to work by his treating physician in March 2009, Abernathy complains, Defendants did not reinstate him. That constituted "an unlawful retaliatory discharge motivated, in whole or in part, by the plaintiffs attempt" to receive Workers' Compensation benefits, according to the complaint. Abernathy seeks jury awards for damages that include lost wages and benefits, back and front pay; indignity, embarrassment, humiliation and emotional distress; punitive damages to be determined by jury, plus pre-judgment interest, litigation costs, and such further relief deemed just and equitable.
Case number: 10-C-211

Sept. 16
West Virginia National Auto Insurance Co. vs. Mary A. McKinney, Roger D. McKinney, Nancy K. Stone, Rebecca Stone, Amanda Stone, Patty Adkins & Libby Adkins
PA- R. Ford Francis; J- Thompson
* Case stems from April 2009 vehicle accident on US Route 119 near Julian. Nancy K. Stone of Danville was owner and driver of a station wagon with liability coverage for personal injuries up to $40,000 per accident through the Plaintiff. Roger McKinney owned the vehicle driven by Mary McKinney in the accident. Rebecca and Amanda Stone, and Patty and Libby Adkins were passengers in Stone's vehicle. Patty Adkins and Mary McKinney, says the insurance company, suffered the worst injuries. West Virginia National Auto Insurance asks that $40,000 go into an interest bearing account, the company be dismissed from the case, and the Court determine fair and equitable distribution of bodily injury payments.
Case number: 10-C-217

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