WEST VIRGINIA RECORD

Sept. 21
Keith Brian Warner vs. Gilbert R. Peters Jr. and Milk Transportation LLC
PA- Gregory A. Gellner; J- Recht
* Peters was acting within the scope of his employment on July 16, 2010, operating a tractor trailer westbound on I-70. It is said he rear–ended plaintiff causing him to be tossed about the interior of his vehicle. Plaintiff's injuries have required him to expend large sums of money in excess of $20,000. Adequate compensation is demanded.
Case number: 11-C-311

Sept. 22
Donald J. Darnley vs. Guy P. Calmbacher; Russell Jebbia; City of Wheeling
PA-J. Marty Mazezka; J- Wilson
* On Sept. 22, 2010, plaintiff was assigned to work with the city, in sanitation, as an employee of Personnel Temporary Services. He performed his duties in a sanitation truck operated by Calmbacher. The truck was stopped in the alley behind 10th Street parking garage for a garbage pickup. Defendant instructed plaintiff to "hop on" the truck. At the intersection, a utility pole created a tight clearance at the entry onto Market Street. Calmbacher accelerated the truck and drove too close to the pole which caused plaintiff to be crushed between the utility pole and the passenger side of the sanitation truck. Darnley's injuries include a crushed pelvis and internal injuries. As a result, he has undergone surgery and incurred large medical costs. Judgment is demanded in an amount to be determined by a jury.
Case number: 11-C-313

Sept. 28
Monique Woods vs. Norma Tubaugh- Burris
PA- David P. Robinson; J- Wilson
* On Sept. 26, 2009, defendant became intoxicated with a 0.118 concentration of blood alcohol and negligently created a risk of harm to others. She operated her truck in such a manner and with great force as to violently strike and cause a collision with a vehicle operated by Laraichia Jenkins, in which Woods was a passenger. Compensatory and punitive damages are sought to punish her and deter others from committing this type of conduct.
Case number: 11-C-314

Mark A. and Amy M. Foster vs. Mary J. Zink
PA- Ronald M. Musser; J- Gaughan
* In 1993, plaintiffs acquired 88 acres; reserving the parcel of 1 acre conveyed by the Blosser Deed. Despite initial correspondence and declaration of their intent to exercise the right of first refusal, defendant has refused to acknowledge plaintiffs' rights in the 1 acre parcel presently owned by her. This creates a cloud on the property. The Court is asked to make the determination that plaintiffs have the Right of First Refusal.
Case number: 11-C-318