CIVIL FILINGS: Boone County

May 23
John R. Hickman vs. Mountain Edge Mining, Inc.
PA- G. Patrick Jacobs; J- William S. Thompson
* Kanawha City man seeks jury trial to get reinstatement of family health insurance retroactive to last November when he was informed by his Beckley-based employer his coverage was terminated. Hickman's personal injury suit says he was employed last July in Boone County where he was injured on the job in late October and filed for Workers' Compensation. He claims cancelation of his company provided health insurance violates State law. He wants his coverage reinstated, reimbursement of medical bills he paid, compensatory damages, litigation costs, and pre- and post-judgment interest.
Case number: 11-C-96

Brenda K. Starcher, Administratrix of the Estate of Wilbert R. Starcher vs. White Buck Coal Co., Massey Coal Services, Inc.; Massey Energy Co., and Elk Run Coal Co.
PA Gregory W. Sproles; J- William S. Thompson
* Greenbrier County widow seeks jury awards relative to wrongful death of Wilbert Starcher, who suffered fatal injuries in an accident last July in White Buck's underground mine near Rupert. Brenda Starcher contends a metal "sideboard" installed between the operator's deck and bed on a shuttle car "significantly hindered and obstructed the vision of the operator ... which proximately caused or substantially contributed to the incident ... which resulted in the death of Wilbert R. Starcher." She holds the Massey companies responsible for safety regulation compliances at subsidiary mining operations like White Buck and says Elk Run employees installed the questionable sideboard. Massey and Elk Run have operations in Boone County, although Starcher's fatal accident was in Greenbrier County. His widow wants sufficient and recoverable wrongful death damages; pre- and post-judgment interest; punitive damages jointly and severally; and litigation expenses.
Case number: 11-C-97

May 25
Lawanda Bentler, individually & as next friend & legal guardian of Destiny A. Bentler, a minor child vs. John W.F. Haner & Phillip H. Haner
PA- P. Gregory Haddad, Kerne Wagoner Boyle; J- William S. Thompson
* Suit claims elevated lead levels in their subleased dwelling on Spruce River Road at Ottawa justify personal injury damages, jointly and severally, against the home owners. Lawanda Bentler subleased her residence in March 2004 through October 2007. Her daughter, 18 months old in 2004, tested for elevated lead levels in 2007. Bentler's suit says an inspection conducted by the State Department of Health & Human Resources revealed several indoor and outdoor areas of the home tested positive for lead-based paint. Three houses owned by the Haners at Ottawa were built prior to 1978. Future medical problems of a permanent nature are expected for the girl, Bentler claims, and the home owners had a duty to notify lessees of potential lead-based hazards and acted in a negligent manner. She demands jury judgment, jointly and severally, to fairly compensate for past, present and future injuries.
Case number: 11-C-99

Siegel White, Jr. & Carolyn White vs. Mine Safety Appliances Co., Inc.; Persinger Supply Co., Raleigh Mine & Industrial Supply Co., & Eastern States Mine Supply Co.
PA- John Hunt Morgan; J- William S. Thompson
* Whites product liability suit contends the veteran coal miner developed an occupational lung dust disease, or "black lung," because of hidden leakage defects and inadequate warnings with respirators manufactured and marketed by defendants. Danville couple seeks compensatory and punitive damages, litigation costs, declaration of rights between parties, and pre- and post-judgment interest.
Case number: 11-C-100

Jerry & Debra Gillenwater vs. Mine Safety Appliances Co., et al
PA- John Hunt Morgan; J- William S. Thompson
* Peytona couple wants jury awards for compensatory and punitive damages, their court expenses, declaration of rights between parties, s and pre- and post-judgment interest, contending defendants manufactured and sold defective respirators he used while working as a coal miner that led to "black lung" disease.
Case number: 11-C-101