CIVIL FILINGS: Marshall County

By Denise Simpson | Feb 25, 2011

Jan. 18
Herbert Carl Boso Jr. vs. Consolidation Coal Company
PA- Rodney T. Berry; J- Hummel
* Plaintiff requests this Court enter a judgment against the defendant, quieting title of said property through the doctrine of adverse possession, and decree that the Plaintiff is the actual owner of said tract.
Case number: 11-C-12

Jan. 14
Erin Magers vs. Rite Aid of West Virginia Inc. and Yensen Landscape Supply, Inc.
PA- Ronald W. Zavolta; J- Karl
* On Jan. 17, 2009, Magers was walking to her vehicle through the parking lot adjacent to Rite Aid premises on Marshall Street, Benwood. She was caused to step onto a slippery parking lot located on the Rite Aid premises. It is claimed defendant failed to take necessary precautions to protect their customers. Judgment is demanded for plaintiff's injuries about her head and neck.
Case number: 11-C-13

Jan. 20
Joshua Albert and Mark Albert vs. Joseph W. Taylor, American Electric Power Company, Inc. and Wheeling Power Company
PA- Ronald Wm. Kasserman; J- Karl
* On Jan. 26, 2009, Joshua Albert was operating a pickup truck owned by Mark Albert on Fork Ridge Road. An AEP vehicle traveling in the opposite direction drove in the center of road toward a vehicle operated by Tracy L. Mason. The AEP vehicle missed Mason but Joshua Albert veered to avoid the AEP truck, flipped, and wrecked. Joseph Taylor left the scene of the accident when he knew his actions caused a wreck with potential personal injuries. Compensatory and punitive damages are sought.
Case number: 11-C-15

Jan. 21
Jamie Michelle Gonzalez, a protected person who sues by Camilla Jo Freeland, her legal guardian, and Camilla Jo Freeland, individually in her own right vs. REM West Virginia LLC
PA- David C. White; J- Hummel
* REM came to Freeland's residence and removed Gonzalez without prior approval and did remove and abduct her in secret from the residence. The protected person has cerebral palsy and mental retardation and requires a wheelchair for her mobility. Freeland was not able to communicate with her child for five days. The acts of REM were willfully undertaken in a reckless manner and constitute infliction of emotional distress. After the removal of said child, she was taken to Sistersville Hospital where an invasive examination was performed. A jury trial is demanded.
Case number: 11-C-16

Jeremy Adam Majewski vs. Margaret Pobicki, Wilson Appraisal Service Inc. and Richard Hyett
PA- Paul J. Harris; J- Karl
* Hyatt conducted an inspection on a house purchased by plaintiff on Feb. 22, 2010. After the closing of the property, plaintiff discovered the foundation was completely deteriorated that was not found by the appraiser. The estimates received for a foundation replacement range from $133,000 to $83,000. Plaintiff requests damages in an amount to be determined by a jury.
Case number: 11-C-17

Jan. 24
Aric Robbins vs. Zack Fecat
PA- Pro Se; J- Hummel
* On Jan. 26, 2009, defendant drove his motor vehicle into the home and residence of plaintiff causing extensive property damage. It is believed that Fecat was driving while intoxicated. The damages were so extensive that the plaintiff was forced to remove himself from the house for extended periods of time. Entitlements to punitive as well as compensatory damages are sought.
Case number: 11-C-18

George E. Lenz and Barbara A. Lenz vs. Patrick J. Lenz and Nikki J. Lenz and Chesapeake Appalachia, L.L.C.
PA- Gregory A. Gellner; J- Karl
* George Lenz and Patrick Lenz jointly purchased certain real estate encompassing 85.5 acres off of Stone Church Road, on Apr. 21, 1988. Patrick Lenz breached a subsequent agreement, signed by the parties on Oct. 10, 2003, when he entered into an oil and gas lease with Chesapeake for a five-year period. Payments from this lease were converted to their use and excluded the rights of the plaintiffs. This conduct resulted in a diminished value to the property in the eyes of third parties. Equitable relief is demanded in a trial by jury.
Case number: 11-C-19

Jan. 31
Sheila Rodgers and Dale Rodgers vs. Municipal Mutual Insurance Company of West Virginia, Ronald W. Ostrosky, Individually and in his capacity as Claims Adjuster
PA- Joseph M. Ward; J- Hummel
* Numerous houses were damaged when Moundsville was hit by a devastating hail storm on March 22, 2010. Palmer Construction estimated it would cost $19,125 to fix the damages to the Rodgers' home. The court is asked to enforce the contract in question.
Case number: 11-C-20

Feb. 4
Lauren Jenkins vs. Kari Jako and Kristen Fox
PA- H. Howard Klatt; J- Karl
* Kari Jako carelessly operated a vehicle owned by Hertz Car Rental, rented to the defendant, Kristen Fox, in which Lauren Jenkins was a passenger. Jako lost control causing the vehicle to travel off the side of the roadway over an embankment, striking a tree, before coming to rest on its top. Jenkins suffered serious personal injuries from this May 5, 2010, accident. A trial by jury is demanded to determine compensatory damages.
Case number: 11-C-21

Tamika Tamburin, as parent and guardian of Markus McIntire, a minor vs. Kari Jako and Kristen Fox
PA- Christopher M. Turak; J- Karl
* On May 5, 2010, Kari Jako operated a vehicle owned by Hertz Car Rental in which McIntire was a passenger. This accident on Birch Run Lake Road caused serious injuries to be suffered by plaintiff's child. The minor child endured pain and suffering as a result of the collision. Compensatory judgment is demanded against defendants by trial by jury.
Case number: 11-C-22

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