CIVIL FILINGS: Boone County

by Harmon Marks |
Feb. 11, 2011, 1:00am

Dec. 27
Donnie Smith vs. Spartan Mining Co. dba Mammoth Coal Co., Alex Energy Inc. and Jack Tharp
PA- Kristofer Cormany; J- William S. Thompson
* Smith seeks jury awards of compensatory and punitive damages, complaining he "was physically attacked, assaulted and battered by the defendant Tharp" while on the job, resulting in "severe and permanently disabling injuries." Incident happened in late May 2008 at Alex Energy's Green Valley mine in Nicholas County, according to the complaint, where Spartan Minding did business as Mammoth Coal Co. Mammoth's principal office was at Julian, Boone County and complaint identifies Tharp as a management employee. Defendants knew he suffered from Crohn's disease, Smith maintains, but was capable of doing his job as a scoop operator and general laborer. He says his disease "on limited occasions, required his absence from work." He claims there was repeated verbal harassment by management personnel regarding his condition prior to the attack by Tharp. Smith claims he was "unlawfully terminated" following his injury while receiving Workers' Compensation. Along with damages, he seeks pre- and post-judgment interest and litigation costs.
Case number: 10-C-289

Jan. 3
Paul and Linda Dolin vs. Rollins, Inc.; Orkin, LLC, formerly Orkin, Inc. and formerly and currently dba Orkin Pest Control; John Wibberg, Gary Scott, James Hanshaw, John Doe 1 and John Doe 2
PA- William C. Forbes, W. Jesse Forbes; J- Thompson
* Couple seeks jury judgment awarding compensatory and punitive damages, pre- and post-judgment interest and litigation expenses, complaining Defendants were responsible for their breathing and cardiac injuries, as well as property damages, caused by "reckless/careless actions and/or inactions ..." in servicing their Madison home. Principal issue is alleged cutting of lines in the basement concrete floor with the HVAC system on that caused the house to fill with concrete dust.
Case number: 11-C-1

Jan. 4
Timothy Mitchell vs. Endurance Mining Co., dba Independence Coal Co., Inc.; and Massey Coal Services, Inc.
PA- Susan J. VanZant; J- Thompson
* Mingo County resident Mitchell was a truck operator for defendant coal companies in Boone County. He claims the vehicle assigned was not compatible with hazardous road conditions at the work site and in January 2009 he lost control of the truck and suffered several serious injuries in an accident. Mitchell demands jury judgment in an amount exceeding the jurisdictional limits as compensatory damages, together with pre-and-post-judgment interest, and litigation costs.
Case number: 11-C-3

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