CIVIL FILINGS: Kanawha County

By Kyla Asbury | Sep 2, 2011

Aug. 19
Bryan Hallan v. Thomas Collier and A Total Comfort Heating and Cooling, Inc.
PA- Toby J. Buel; J- Charles E. King
*The California resident claims he contracted the defendants to install a new heating system in his West Virginia home. E claims the heating system soon malfunctioned and Hallan was forced to hire a second contractor in order to properly ventilate the unit. He claims the defendants failed to perform the work as agreed and refused to refund his payments for work not performed. He is seeking awards for the amount of the original contract, reimbursement for having to hire a second contractor and punitive damages.
Case number: 11-C-1421

Arnold Bret Acord and Lesha Gale Acord vs. Upton Construction Company, Inc. and Blacktop Industries and Equipment Company, Inc.
PA- Aaron L. Harrah, James C. Peterson; J- Paul Zakaib Jr.
* On Aug. 25, 2009, Mr. Acord was operating a backhoe owned by the West Virginia Department of Highways and was cleaning out the ditches along Carver Street in Raleigh County when the bucket struck an unmarked manhole protruding above the surface of the pavement and caused him to be thrust forward and shattering the windshield of the backhoe with his forehead. The couple is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 11-C-1425

Sheila Smith vs. Hi-Lad, Inc. d/b/a Comfort Inn
PA-Lia DiTrapano Fairless; J- Paul Zakaib Jr.
* Smith was employed by the defendant as a housekeeper. On May 8, she claims she was seriously and permanently injured when she fell in one of the bathrooms while cleaning. Smith claims after she filed a workers' compensation claim, her employment was terminated. She is seeking compensatory and punitive damages.
Case number: 11-C-1427

Aug. 22
Robert Russell and Nina Jean Russell vs. 3M Company; A.O. Smith Corporation; A.W. Chesterton Company; et al
PA- James M. Barber, Victoria Antion; J- visiting
* The plaintiffs claim the 62 defendants are responsible for Mr. Russell's lung cancer. They are seeking a jury trial to resolve all issues.
Case number: 11-C-1442

Aug. 23
Peggy Starkey vs. Charleston Area Medical Center, Inc. d/b/a Charleston Area Medical Center
PA- Jon D. Hoover; J- Jennifer Bailey
* On Aug. 31, 2009, Starkey was a guest of the defendants at the CAMC Medical Center Inn and was renting a room for one night. She claims during the night she was exposed to a bed bug infestation. She is seeking compensatory and punitive damages.
Case number: 11-C-1450

Aug. 26
Kevin F. Koeppen vs. Norfolk Southern Railway Company
PA- Michael K. Wallace, Paul G. Moody; J- Charles E. King
* On Jan. 4, 2008, Koeppen was employed by Norfolk Southern as a conductor. He claims while he was switching a tank car, hydrochloric acid leaked from an overhead pipe and onto him, causing injuries. He is seeking compensatory damages.
Case number: 11-C-1468

Amber and Joseph Casto vs. Midland Mortgage Company and Midfirst Bank
PA- John W. Barrett, Jonathan R. Marshall; J- Tod J. Kaufman
* The Castos entered into a home-secured mortgage loan in October 2001. In July 2010, the Castos entered into a loan modification with the defendants. They claim the defendant unlawfully foreclosed on the Castos home without giving them proper notice. They are seeking compensatory and punitive damages.
Case number: 11-C-1472

Aug. 29
Lois M. Krause vs. Saxon Mortgage, Inc.
PA- Daniel F. Hedges; J- Jennifer Bailey
* On Aug. 1, 2006, Krause and the defendant entered into a loan secured by her home in the amount of $112,000. Krause claims she was diligent in making payments toward the loan, but the defendant set about on a course of illegal fees and return of payments. Krause is seeking civil penalties in the amount of $4,400 for each of the defendant's violations of West Virginia code.
Case number: 11-C-1477

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