CIVIL FILINGS: Marshall County

By Denise Simpson | Dec 2, 2011

Oct. 24

Oct. 24
William E. Wheat vs. Bellaire Harbor Service
PA- Frederick B. Goldsmith; J- Hummel
* Wheat was employed as a Jones Act seaman aboard the M/V White House on Oct. 10, 2010. The vessel was near the Murray coal loading facility in Powhatan Point. Plaintiff claims he suffered injuries, not limited to a herniated disk, as a result of his work on this date. His injuries are claimed as a result of the unseaworthiness of Bellaire's motor vessel. Judgment is sought for plaintiff's future maintenance and cure.
Case number: 11-C-182

Union Bank, Inc. vs. Mound City, Inc., Tucker & Tucker Enterprise, Inc., et al.
PA- Gary L. Rymer; J- Karl
* Plaintiff instituted foreclosure actions against Tucker. The proceeds of $60,971.48 were applied creating a deficiency balance of $8,450.39. Judgment against Mound City in the amount of $60,232.22 is additionally sought.
Case number: 11-C-183

Nov. 9
Universal Well Services vs. Trans Energy, Inc., et al.
PA- Michael J. Kozakewich; J- Karl
* On Feb. 1, 2011, UWS served as general contractor for services performed at Keaton #1H well in Cameron. The principal amount of $678,656 is due from Trans Energy for this work. Trans Energy persists in its refusal to pay UWS the sums owing. Judgment is demanded for this amount and other damages.
Case number: 11-C-189

Nov. 14
David and Rhonda Polinski vs. Nationwide Mutual Insurance Company
PA- Scott S. Blass; J- Karl
* On March 22, 2010, a severe rain and hail storm caused damage to the terra cotta roof of Polinski's home located on 5th Street. Plaintiff submitted an estimate, and Nationwide retained Panhandle Cleaning and Restoration to prepare a second estimate. Nationwide did not pay for the repairs necessary to restore their home to pre-storm condition. Judgment is demanded for compensatory damages.
Case number: 11-C-191

Pythian Building Corp. vs. Shirley Seymour d/b/a Tilly's
PA- David Liberati; J- Hummel
* Defendant is indebted to plaintiff in the amount of $8,119.16 for failure to pay real estate taxes and premiums for the months of Sept., Oct., and Nov. Additional damages have incurred which $15,932.72 is demanded in judgment.
Case number: 11-C-192

Nov. 15
Westfield Insurance Company as subrogee of Janet Ritchea vs. Scott Allen Henry
PA- Andrew N. Frye, III; J- Karl
* Defendant collided with Ritchea causing property damage in the amount of $20,311.05. Westfield reimbursed insured for her loss. This subrogated amount, with interest and costs, is demanded.
Case number: 11-C-193

Nov. 16
Jill L. and Jerry Rush vs. Eleanor T. Miller
PA- Eric M. Gordon; J- Hummel
* Plaintiff Jill Rush was traveling on Route 2, near Long John Silver's, when she collided with defendant. Miller is accused of failing to yield right of way. Judgment is demanded for plaintiff's bodily injuries.
Case number: 11-C-194

James W. and Pamela T. Deel vs. Richard L. Groskopf and Erie Insurance Company
PA- Gregory A. Gellner; J- Karl
* On April 2, 2010, James Deel was driving westbound on 29th Street in Wheeling. Groskopf was driving in the opposite direction when he crossed left of center. Defendant was driving without the required liability insurance. Plaintiff has suffered expenses in excess of $15,500 and is entitled to uninsured motorist payments from her policy with Erie.
Case number: 11-C-195

Patterson- UTI Drilling Company vs. Trans Energy, Inc., Republic Partner VI, Donald W. and Mary Jo Yoders; Jack D. and Sharon L. Lucey
PA- Michael J. Kozakewich; J- Hummel
* On Dec. 9, 2010, Patterson, as general contractor, extended a preexisting contract to drill the Lucey Well in Cameron. Plaintiff is stilled owed $233,312.50, plus fees and costs, for their performed work. This amount is sought as an unjust enrichment.
Case number: 11-C-196

Nov. 17
Frank David and Penny Kay Fullerton vs. Bayer Corporation, et al.
PA- Diana H. Crutchfield; J- Karl
* Defendants Robert Baxter, Robert Greathouse, and Gary Durig were employed by Bayer as management supervisors of plaintiff Frank Fullerton during his employment from 1967 to 2006. He was deliberately exposed to liquids, residue, and vapors of toluene disocyante (TDI). The condition in which Fullerton was working, until his retirement, presented a high degree of probability of serious injury or death. Plaintiff suffered serious pulmonary lung disease as a result. Both compensatory and punitive damages are demanded
Case number: 11-C-197

Keith Lucas d/b/a Keith's Preowned Auto Sales vs. Paul S. Boomer; Lucille McElfresh; Randy K. Gregory; Emery Smith and Elizabeth M. Carr
PA- David L. Delk, Jr.; J- Karl
* Defendants breached their obligations by failing to make the required payments on the motor vehicle, leaving a balance owed to plaintiff of $4,000; $3,036.60; $1,944.40; $4,522.63; and $1,424.80, respectively. Lucas seeks individual judgments against defendants for compensatory damages.
Case number: 11-C-199

Charles and Jean Jamison vs. McElroy Coal Company
PA- Eric M. Gordon, Jr.; J- Hummel
* The defendant conducted long- wall mining under and adjacent to the property owned by plaintiffs. In Dec. 2009, plaintiffs discovered that several of their developed natural water resources were no longer producing water. Plaintiffs have suffered a diminution in the value of their property. Defendants owe a duty to plaintiffs pursuant to the Surface Coal Mining and Reclamation Control Act. The Court is asked to determine whether plaintiff's loss is a direct result of defendant's long-wall mining operations.
Case number: 11-C-200

Nov. 21
Samuel I. White, P.C. vs. Helen L. Nilsen, U.S. Bank National Association, Citibank South Dakota, National Check Bureau, Bank of America
PA- Chris R. Arthur; J- Hummel
* On Feb. 28, 2005, Nilsen borrowed the principal sum of $37,000 from Countrywide Home Loans. Nilsen defaulted on the loan and proper Notices of foreclosure were executed. The property was sold at public auction, on Oct. 26, 2007, for $65,000. The Report of Sales indicate $24,865.69 remains to be disbursed. As a result of competing claims, plaintiff has no means, other than this action, to adjudicate and determine the rights of various defendants. Reasonable fees and costs required to pursue this action are requested.
Case number: 11-C-203

Kittle Hauling & Supply Co., Inc. vs. L.A. Pipeline Construction Co., Inc. and Caiman Eastern Midstream, LLC
PA- Joseph R. Canestraro; J- Karl
* Between August 2010 and April 2011, plaintiff supplied and transported materials ordered per 31 purchase orders and invoices to L.A. Pipeline. From Feb. 2011 until present, defendants have failed to make payment to plaintiff for services totaling $79,885.65. This amount, along with interest and costs, is demanded.
Case number: 11-C-204

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