West Virginia Record

Friday, November 22, 2019

CIVIL FILINGS: Marshall County

By Denise Simpson | Jan 6, 2012

Nov. 28
Sara L. Hall vs. City of Benwood
PA- Donald J. Tennant, Jr.; J- Karl
* On Aug. 30, 2011, plaintiff parked her car in a parking lot on the west side of 748 McMechen Street. Hall claims that as she was assisting a client across McMechen Street, she stepped into a "pot hole" causing her to twist her ankle and fall. Judgment is demanded against the City for their failure to fill or repair said defect or otherwise warn the public.
Case number: 11-C-206

Nov. 29
Francis E. Reilley and Myra Kay Reilley vs. Mohawk Lumber, LTD and LeRoy H. Yoder
PA- William A. Kolibash; J- Hummel
* In January 2011, Mohawk entered into negotiations to remove timber from plaintiff's real property located on Duck Lane in Glen Dale. Acting through its agent; for the purpose of inducing plaintiffs to enter a Timber Contract, defendants asserted the price of timber was at an all time high. Taking advantage of plaintiff's advanced age and failing health, defendants made fraudulent misrepresentations regarding standard industry practices. Punitive damages are sought along with additional relief.
Case number: 11-C-207

Anthony and Debora Shepherd vs. Ronald Calissie and Linda Calissie
PA- C. Richard Wilson; J- Karl
* On Dec. 4, 2009, defendant Linda Calissie was traveling in the Walmart parking lot in Moundsville. Plaintiffs were sitting in traffic at the exit road from the parking lot when defendants struck them from behind. Both plaintiffs suffered personal injuries, damages, lost wages, and other losses, which are or may be continuing in nature. Compensatory damages are sought in an amount to be determined by a jury.
Case number: 11-C-208

Dec. 2
Alicia Robinson, Individually, and as Mother, Guardian and Next of Friend of Chase Robinson, a minor vs. Northwood Health Systems, Inc. and The Board of Education of the County of Marshall
PA- Brent E. Wear; Mark Colantonio; J- Hummel
* Chase Robinson was a student at Central Elementary and a patient of defendant Northwood. On Dec. 3, 2009, Robinson suffered severe and permanent brain injuries when he hung himself with a dog lease/ chain. Northwood should have known that this minor had suicidal ideations which constituted danger a himself. He continues to receive treatment from multiple physicians as a result of this failed suicide attempt. Plaintiffs demand a trial by jury for compensatory damages, jointly and severally, along with punitive damages against Northwood.
Case number: 11-C-209

Dec. 7
Mark Albert and Bridget Albert vs. Ryan R. George
PA- Ronald Wm Kasserman; J- Karl
* On Dec. 12, 2009, Mark Albert was driving north on Route 2 and George entered Route 2 from the Boggs Run entrance ramp. This caused him to wreck into the pickup truck operated by Albert. George has suffered personal injuries, incurred medical expenses and will continue to endure pain. Albert was covered by underinsured motorist coverage by Nationwide Mutual and /or Progressive Insurance Company. Compensatory damages are demanded by any and all responsible underinsured motorists' carriers.
Case number: 11-C-210

Dec. 12
Brian Means, Samantha Means; Brian Means and Samantha Means Next Friends of Camden Means, a minor; and Camden Means, in his own right vs. Stork Craft Manufacturing, Inc.; Wal-Mart Stores, Inc.; Eagle LTD, et al.
PA- Shane M. Mallett; Jacob M. Robinson; J- Hummel
* Defendant Wal-Mart sold a baby crib manufactured by defendant Stork that was structurally compromised. On Dec. 12, 2009, the baby crib broke causing Camden Means to become lodged between the baby crib and an electrical baseboard heating element in the apartment. Serious burns and other injuries were sustained. Defendants failed to adequately warn purchasers of the risks and dangers associated with the foreseeable and intended use of Stork Craft's baby crib. Eagle breached its said duty by failing to provide a fit and habitable condition, not limited to failing to provide a safe heating source in plaintiff's apartment. Compensatory and punitive damages are sought to punish and deter others from committing this type of conduct.
Case number: 11-C-212

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