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WEST VIRGINIA RECORD

Thursday, March 28, 2024

CIVIL FILINGS: Marshall County

Feb. 23
Sandra Crupe vs. Warren Distribution Inc., Michael Skidmore, Bill Smith, Clarence Campbell and Eric Violet
PA- Nicholas A. Wininsky; J- Karl
* Crupe sustained a workplace injury in February 2010, when she stripped over a skid, fell and broke her right wrist. The Safety Director, Bill Smith wanted her to go to her doctor's appointments then immediately return to work. He even showed up unexpectedly at the doctor's office during one of her appointments. Her short forearm cast allowed her to return to work with light duty restrictions. Her wrist did not heal correctly which required her to be off work on Workers' Compensation with follow- up surgery. Warren abruptly terminated her employment during Nov. 2010 while she was still recovering from her broken wrist. Plaintiff has suffered general damages as a result of said wrongful retaliatory discharge. Compensatory damages for all economic losses are requested.
Case number: 11-C-27

March 2
Carl L. Coffield, Sr. and Lana Coffield vs. Professional Land Resources, LLC
PA- Joseph R. Canestraro; J- Karl
* Defendant purchased plaintiff's mineral rights on 64.00 acres for a price of $3,200. On Sept. 8, 2009, plaintiff executed a deed unbeknownst to him that conveyed his interest in the surface rights as well as his mineral rights. At no time had plaintiff contemplated selling his surface rights to the defendant and demands compensation for defendant's being unduly enriched.
Case number: 11-C-29

March 3
William L. Haines and Tina M. Haines vs. John E. Fitzsimmons and Angela L. Fitzsimmons, Howard Hanna Valley Properties, and Wallace Hoffmann dba Truepenny Home Inspections
PA- Patricia A. Kurelac; J- Hummel
* An agreement was executed where plaintiffs agreed to purchase property at Toms Run. A Property Condition Disclosure statement indicated there was no past or present flooding on the subject property. A deed was executed and the consideration paid for the subject property was $225,000. SDI Environmental indicated there was extensive water damage to the exterior and interior structure as well as toxic levels of mold throughout said structure. Defendants knew that the property underwent extensive flooding and had a duty to disclose said information. Compensatory and punitive damages are demanded respectively for $200,000.
Case number: 11-C-30

March 7
Mary E. Breault and Ronald W. Breault, individually and as Parents of Briana C. Breault, a minor, and Catherine H. Breault, a minor vs. Ginny Kay Johnson and Marshall County Board of Education
PA- Eric M. Gordon; J- Karl
* On March 19, 2009, Johnson was operating a school bus in a reckless manner by failing to maintain control. She crossed the center line and struck the vehicle being operated by Mary Breault. Injuries and damages resulted from this negligence. Catherine Breault did sustain severe bodily injuries; some may be permanent in nature. Plaintiffs demand judgment against the defendants, jointly and severally, in an amount to compensate them for their injuries.
Case number: 11-C-31

March 10
Angel B. Tokar vs. John Doe
PA- David P. Robinson; J- Hummel
* John Doe was operating a SUV, on March 12, 2009, on Jefferson Avenue Extension, and struck the driver's side of plaintiff's truck. Injuries and damages were sustained and Tokar was insured under a policy by Titan. A compensatory judgment is sought.
Case number: 11-C-32

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