CIVIL FILINGS: Boone County

by Harmon Marks |
Oct. 28, 2011, 2:10am

Sept. 28
George & Nioka S. Vance vs. Southern Appalachian Coal Co., Independence Coal Co., Inc.; Spartan Mining Co., and John Doe entities
PA- Timothy C. Bailey, J. Ryan Stewart; J- William S. Thompson
* Workplace injury suit says Vance "is suffering from complicated pneumoconiosis as a result of his exposures to silica and coal dust" while working in underground mines operated by Defendants during 1975-2009. Suit will argue at jury trial that Vance's condition is 100 per cent preventable with proper workplace protections, according to the Center for Disease Control National Institute for Occupational Safety & Health (NIOSH). Vance seeks compensatory damages, jointly and severally, plus interest and punitive damages. Nioka Vance demands jury awards, jointly and severally, for compensatory and punitive damages, plus interest, for loss of consortium.
Case number: 11-C-186

Oct. 3
Charles E. Hill vs. Americredit Financial Services, Inc. & Accounts Receivable Management, Inc.
PA- Paul W. Roop, II; J- Thompson
* Complaint says Hill falls under the West Virginia Consumer Credit Protection Act violated by Defendant debt collection companies. Peytona resident retained counsel to represent his interest, but, according to Hill, Defendants contacted him by phone and through the mail after notification to consult his attorney. Claiming intentional and malicious violation of WVCCPA, Hill seeks jury awards totaling no more than $74,999.
Case number: 11-C-190

Oct. 5
Elizabeth S. Smith vs. State Farm Mutual Automobile Insurance Co. and Eric Paugh
PA- Brian E. Bigelow, Eric M. Hayhurst; J- Thompson
* Smith, victim of an October 2009 automobile accident, challenges claims adjuster Paugh's determination that she gets a $2,000 settlement of underinsured motorist coverage from her State Farm policy. Robert Spock, an underinsured motorist, ran a red light and struck Smith's car in an intersection near Prosperity. His liability insurance paid the person limit of $20,000. Smith points out her underinsured motor vehicle coverage has a per person limit of $50,000 and medical payments coverage with a limit of $100,000. She alleges her insurance company and its claims adjuster violated State law and wants compensatory and punitive damages, pre- and post-judgment interest, litigation expenses, plus any other relief Court deems just and appropriate.
Case number: 11-C-193

Vanderbilt Mortgage & Finance, Inc., as Power of Attorney for The Bank of New York Mellon, as Trustee vs. Tracy S. Bourne & Jennifer A. Pauley
PA- Marc B. Lazenby; J- Thompson
* Complaint says Peytona residents defaulted on their July 2002, $33,144 retail installment contract for a mobile home. Plaintiff wants immediate possession of the unit, claiming loan is past due from last March.
Case number: 11-C-194

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