CIVIL FILINGS: Boone County

Dec. 14
Betty & Glenn Davis vs. Charles Byrnside, Priscilla Byrnside, individually and dba Fairchance Development, Randy Akers, individually, Randy Akers, dba Randy Akers Construction, and Randy Akers as an Agent of Charles Byrnside
PA- Stephen P. Meyer; J- William S. Thompson
* A newly constructed house in Danville sold to the Davis couple by the sole proprietorship Byrnsides allegedly was defective, according to the complaint. Akers is relevant to the complaint as independent contractor for the home. Davises complain they discovered inside water damage after purchasing the house in May 2009; and Defendants "engaged in limited efforts to make repairs ... and cure the defects ..." Plaintiffs claim they had significant costs in efforts to correct problems, including excavation work to properly waterproof the house's foundation. Also cited as defective is vinyl siding that blew off the house, hardwood floors pulling apart, inside doors not latching properly, and a basement door that fell off its hinges. Six counts of negligence charged include: Breach of Implied Warranty to Construct the House in a Workmanlike Manner, Fraud, Negligent Misrepresentation, Negligent Construction, and Strict Tort Liability. Betty and Glenn Davis seek jury judgment jointly and severally for an adequate compensatory amount, plus all allowed interest and their court costs.
Case number: 10-C-278

Dec. 15
Pamela Donohue vs. Green Tree Servicing, LLC
PA- Roger A. Decanio; J- William S. Thompson
* Judge William S. Thompson is expected to issue an order soon relative to Donohue's eviction status concerning her mobile home residence in Seth. She filed a Complaint For Injunctive Relief And Declaratory Judgment to counter the finance company's intent to repossess her 1999 model, Clayton manufactured home for a foreclosure sale. There was an Agreed Order last September whereby the woman "would waive all notification of default or hearing without a bond." Her current request for jury injunctive relief asserts she entered into an agreement without advice of counsel, not understanding she would be waiving certain rights. Donohue paid on the unit last August and in early December, but Green Tree has specified that "only a payment of approximately $1,085 would forestall the seizure."
Case number: 10-C-279