CIVIL FILINGS: Ohio County

Nov. 8
David A. O'Brien vs. Charles "Randy" Dye, Graig A. Griffith, Kathie Hoffman
PA- J. David Judy, III; J- Wilson
* O'Brien is a New Jersey resident owning 20.375 acres adjacent to the Highlands who was denied a Managed Timberland Certification on Oct. 28, 2010. The land was acquired by plaintiff's father in 1956 and has never been used as "income producing real property" and its classification should be secondary or residential commercial property. A request is made to reclassify the Land as Timberland for ad valorem property tax purposes and grant such other and further and proper deemed proper.
Case number: 10-C-388

American Disposal Services of West Virginia Inc. d/b/a Short Creek Landfill vs. Raze International Inc.
PA- Samuel F. Hanna; J- Gaughan
* Raze deposited solid waste into the Short Creek Landfill and accumulated a past due amount in disposal fees. After numerous attempts, an unpaid balance of $11,192.42 remains owing for which judgment is demanded.
Case number: 10-C-389

Randall Dlesk vs. Fifth Third Bank
PA- Teresa C. Toriseva; Bradley K. Shafer; J- Gaughan
* On June 15, 2010, defendant filed an action against John James Inc., an Ohio corporation, of which plaintiff is President and Chief Executive. The action seeks to collect on an unpaid debt on a revolving account that contains a cognovit note provision. This provision in contracts is invalid and unenforceable under West Virginia law. The defendant takes the position that the plaintiff is personally liable for the debt file against the corporation. Injunctive relief is requested to prevent any further illegal conduct by defendant.
Case number: 10-C-392

Nov. 16
Kayla and Gary Foshee, et ux. vs. Wheeling Hospital Inc.
PA- George N. Sidiropolis; J- Wilson
* Kayla Foshee slipped and fell near the 5th floor nurses station, in the vicinity of the elevators, on a clear liquid. As a direct result of the hospital's negligence, she suffered physical injuries, loss of income, and her ability to earn a living. Compensatory damages are sought for part of the injuries believed to be permanent in nature.
Case number: 10-C-400

Nov. 17
WesBanco Bank, Inc. vs. Evelyn J. Degennaro
PA- Steven M. Recht; J- Gaughan
* Plaintiff provided defendant with an Install Sales Contract for the purchase of a vehicle. The account is in default and judgment in the sum of $9,581.12 with interest is sought.
Case number: 10-C-402

Nov. 18
Bonnie Louise Brown as Executrix of the Estate of Joseph W. Brown, II, deceased; and Jason A. Yajida Brown vs. The Coleman Company, Inc., Homesteader, Inc., Hitch N Haul Trailer Sales Inc.
PA- R. Dean Hartley; J. Michael Prascik; Julie Riggle; J- Wilson
* Joseph and Jason Brown were hunting in Wetzel County and went to sleep in an EX Ryder cargo trailer on Nov. 24, 2008. As a result of defects in the Coleman propane lantern used for light, the Browns were overcome by carbon monoxide fumes. Joseph Brown died and Jason Brown was rendered comatose for an extended period of time requiring hospitalization and rehabilitation. Plaintiff's demand compensatory damages in an amount to be determined by the trier of fact.
Case number: 10-C-404

Nov. 19
Savage Construction Co. Vs. Ohio County Development Authority
PA- James T. McClure; J- Wilson
* Plaintiff and defendant entered into four separate commercial construction projects at the Highlands. On March 12, 2010, arbitration proceedings were conducted and an award of $260,099.94 was issued. The Court is requested to confirm this award by Order.
Case number: 10-C-405

Jessica J. Morris vs. Lori Nohe, Warden, Lakin Correctional Center for Women
PA- Pro Se; J- Mazzone
* Morris was sentenced up to 235 years in prison on Oct. 10, 2008. She plead not guilty at her jury trial to conspiracy, sexual abuse by a parent, and incest. The writ of habeas corpus filed herein raises grounds of hearsay testimony, failure to disqualify prosecutor's office, rape shield law, and the competency of a child witness.
Case number: 10-C-406