CIVIL FILINGS: Marshall County

By Denise Simpson | Jul 29, 2011

June 9
Consol Pennsylvania Coal Company LLC vs. John Robert Blake
PA- Kristian E. White; William D. Wilmoth; J- Hummel
* This action seeks partition of land consisting of 7 acres of real estate in Cameron. Plaintiff intends to mine the Pittsburgh seam of coal underlying the subject property. Consol seeks the undivided ¾ interest owned by defendant be allotted to plaintiff.
Case number: 11-C-95

June 10
Charles M. Brautigan and Crystal Brautigan vs. Warren Distribution Inc. and Tom Daly
PA- Gregory A. Gellner; J- Karl
* With the assistance of Tom Daly and other Warren employees, in the course of their employment, pushed and pulled on the capper machine causing it to tip over crashing onto Charles Brautigan. He suffered serious and debilitating injuries. It is claimed Daly ignored the warnings and pushed the machine until it fell. Compensatory damages are requested.
Case number: 11-C-96

June 14
Henry E. Filter vs. Wheeling Power Company d/b/a AEP Ohio
PA- Teresa C. Toriseva; J- Karl
* Defendant maintains an electric power line and utility pole in a right-of-way across plaintiff's property. The iron rod protrudes from the ground by is obscured by grass. While mowing his grass on June 27, 2009, Filter was thrown from his tractor when the mower deck caught on the rod and rolled the tractor over a hill. Injuries including a broken right clavicle and ribs resulted. Judgment in favor of this negligence is sought.
Case number: 11-C-98

June 17
Glen Dale Motor Co., and Tomsic Motor Co. vs. Greenway Automotive Distributors, Inc., Go Green USA, LLC and Green Automotive Company, Inc., Steven Fly and Steven Wells
PA- Lester C. Hess Jr.; J- Hummel
* Plaintiffs paid defendants a franchise fee in the amount of $100,000, as well as the sum of $75,192 for vehicles to be delivered to Tomsic Motor Co. and Glen Dale Motor Co. The contract was breached when defendants failed to deliver a single vehicle to either Motor Co. Judgment is demanded for the sum of $250,384, plus punitive damages.
Case number: 11-C-101

June 22
Patricia Pugh and Earl Pugh vs. Robert Lilijehorn, Mary Lilijehorn, and Allstate Insurance Company
PA- David P. Robinson; J- Hummel
* On June 23, 2009, plaintiffs were insured under an automobile policy. Allstate has refused to offer the available coverage and medical payments under Pugh's policy. They claim full benefits and say they are entitled to coverage for damages caused by defendants. Both compensatory and punitive judgments are demanded.
Case number: 11-C-103

David Burkhart vs. Tecnocap, LLC
PA- George N. Sidiropolis; J- Karl
* On June 22, 2009, Burkhart was an employee of Tecnocap performing work related duties including Die and Hand Feed Press Machine. Plaintiff was caused to be injured including the loss of his middle and index fingers on his dominate right hand. A jury trial is demanded on all issues.
Case number: 11-C-104

June 23
Thontkhoung Khamphor vs. Mylan Pharmaceuticals, Inc., Mylan Inc., and Mylan Bertek Pharmaceuticals, Inc.
PA- Teresa C. Toriseva; P. Ann Trantham (LA Bar); J- Hummel
* Plaintiff ingested defendant's Allopurinol and developed a cutaneous reaction on June 23, 2009. He sought treatment, was hospitalized at North Vista, and diagnosed with Stevens Johnson Syndrome. He was transferred to UMC and given extensive treatment due to the severity of his cutaneous reaction. General and exemplary damages are sought in a trial by jury.
Case number: 11-C-105

June 30
Darlina Truman, et al vs. Mylan Pharmaceuticals, Inc., and Mylan Inc.
PA- Teresa C. Toriseva; J- Hummel
* Defendants manufacture and market three related drugs with the active ingredient phenytoin sodium. Phenytoin poses a significant risk of skin and tissue disorders generally described as SCAR events. These disorders may result in disability, disfigurement, or death. Plaintiffs have suffered severe personal injuries for which a jury trial is demanded.
Case number: 11-C-111

July 5
FIA Card Services, N.A. vs. Glenn Kesselring, Jr.
PA- Paul S. Atkins; J- Karl
* Defendant owes plaintiff the sum of $26,631.05, on a past due account, all of which is now due and payable. This amount, and costs, is demanded.
Case number: 11-C-112

July 7
Trans Energy, Inc. a Nevada Corp. vs. Judy Kay Matthews and Karen Sue Evans, Individually and as the Co- Executors of the James Timothy Hubbs Testamentary Trust
PA- Eric M. Gordon; J- Hummel
* Plaintiff seeks monetary relief for the damages suffered as a result of defendant's refusal to allow them onto their surface tracts for the purpose of drilling horizontal oil and gas wells. The Court is asked to enter an award of damages.
Case number: 11-C-115

July 11
Rasmi Agrahari vs. City of Glen Dale and Mark E. Martin
PA- Christopher M. David; J- Karl
* On July 13, 2009, defendant Martin was traveling north on U.S. 250 in a vehicle owned by the City of Glen Dale. He followed to close and struck the plaintiff. This negligence was investigated by the Marshall County Sheriff Office. Judgment is demanded for $22,518.98 for the incurred medical expenses which are anticipated to continue.
Case number: 11-C-116

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