WEST VIRGINIA RECORD

Feb. 1
William Davis and Glenna Davis vs. Toyota Motor Sales USA Inc. and Ferrell Automotive Group Inc.
PA- Jonathan R. Mani; J- Tod J. Kaufman
* On March 30, 2009, the Charleston couple purchased a 2009 Toyota Avalon from the defendants for $33,626.90. The couple claims since purchasing the vehicle they have experienced repeated non-conformities. They are seeking revocation of acceptance of the vehicle and compensatory damages for loss of use, annoyance, aggravation and inconvenience.
Case number: 11-C-175

Feb. 4
Esther Marie Leget, as executrix of the Estate of Norman Gene Leget, deceased, and Esther Marie Leget, in her own right vs. A.O. Smith Corporation; A.W. Chesterton Company; Allied Glove Corporation; et al
PA- Brian A. Prim; J- visiting
* Mrs. Leget claims the 78 defendants are responsible for her husband's lung cancer and death. Mr. Leget was employed by American Electric Power from 1962 until 1996 and was diagnosed with lung cancer on March 23, 2009. He died April 4, 2009. Mrs. Leget is seeking compensatory and punitive damages.
Case number: 11-C-201

Feb. 7
MH Equipment – Ohio LLC vs. Burdette Excavating LLC and David Burdette
PA- Spencer D. Elliott; J- Tod J. Kaufman
* MH Equipment – Ohio agreed to lease several pieces of equipment to the defendants. The company claims the defendants have failed to pay for the equipment, breaching the lease agreement. It is seeking judgment in the amount of $128,498.39 plus pre- and post-judgment interest.
Case number: 11-C-209

Feb. 10
David Bray and Terri Bray vs. Mike Enyart & Sons Inc. and Miss Utility of West Virginia Inc.
PA- G. Patrick Jacobs; J- Louis Bloom
* In March 2010, Enyart & Sons was engaged in busting and removing asphalt on the roadway on 87th Street in Marmet near the Brays' home. The couple claims soon after they began to experience cracks and other problems to their home. They claim the defendants were negligent in construction, engineering and mapping methods in the removal of the asphalt. They are seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-225

Amanda Cottrell and Clayton Donald Cottrell vs. Mike Enyart & Sons Inc. and Miss Utility of West Virginia Inc.
PA- G. Patrick Jacobs; J- Paul Zakaib Jr.
* In March 2010, Enyart & Sons was engaged in busting and removing asphalt on the roadway on 87th Street in Marmet near the Cottrells' home. The couple claims soon after they began to experience cracks and other problems to their home. They claim the defendants were negligent in construction, engineering and mapping methods in the removal of the asphalt. They are seeking compensatory damages with pre- and post-judgment interest.
Case number: 11-C-226

Heath A. Cline vs. Dismas Charities Inc. and Wendi Easton
PA- JB Akers; J- Carrie Webster
* Cline was employed by Dismas Charities. On April 2, 2010, he took leave for his annual three-week drill with the Army Reserves. He claims when he returned he was accused of stealing food from the company and told he could either "quit or be subject to a formal investigation." Cline claims he requested a full investigation because he had not stolen anything. Easton, Cline's supervisor, alleged there was an employee who would corroborate her allegations that Cline had stolen food, according to the suit. Cline claims the witness was never identified and to his knowledge, no formal investigation was ever initiated. He claims he was told he would be contacted when he could return to work, but after several days no one contacted him and he assumed he was fired and filed for unemployment. The defendants contested his claim, alleging he had "failed to return to work," according to the suit. He is seeking compensatory and punitive damages.
Case number: 11-C-228