CIVIL FILINGS: Boone County

by Harmon Marks |
Feb. 10, 2012, 1:00am

Dec. 29
Jason Spaulding vs. Elk Run Coal Co., Inc. d/b/a Black Castle Mine Development Co.; and Elite Coal Services, LLC
PA- Lia DiTrapano Fairless; J- William S. Thompson
* Spaulding began full time employment as a truck driver last July 4 with Black Castle and was terminated last August 15. He was allowed a temporary leave of absence required by his medical advisor, according to complaint, but when released to return to work learned he was terminated in violation of provisions of Wes Virginia Human Rights Act. Spaulding demands jury trial seeking compensatory and punitive damages, front and back pay, pre- and post-judgment interest, reinstatement, court expenses and further relief deemed appropriate.
Case number: 11-C-241

Bernie and Kathy Ferrell vs. Mine Safety Appliances Co., Inc.; Persinger Supply Co.; Raleigh Mine and Industrial Supply Co.; and Eastern States Mine Supply Co.
PA- G. Todd Houck; J- William S. Thompson
* Product liability suit claims Bernie Ferrell developed so-called "black lung" disease while working 30 years as a coal miner because of hidden defects and inadequate warnings with respirators he used manufactured by MSA and distributed and supplied by the three other defendants in Boone County. Ferrells seek jury judgment, jointly and severally, for compensatory damages, punitive damages against only MSA, litigation costs, pre- and post-judgment interest and other entitled relief.
Case number: 11-C-242

Lawrence Miller vs. Mine Safety Appliances Co., Inc. et al
PA- G. Todd Houck; J- William S. Thompson
* Product liability suit styled similar to Case 11-C-242 above seeking jury awards relative to faulty respirator product leading to black lung disease suffered by the coal miner of 25 years.
Case number: 11-C-243

Sherman and Martha Ball vs. Mine Safety Appliances Co., Inc. et al
PA- G. Todd Houck; J- William S. Thompson
* Product liability suit styled similar to above Cases 242 and 243. S. Ball worked 23 years as a coal miner.
Case number: 11-C-244

Lester and Alice Ferrell vs. Mine Safety Appliances Co., Inc. et al
PA- G. Todd Houck; J- William S. Thompson
* Peytona couple seeks jury awards in produce liability complaint styled similar to above three cases. Lester worked 23 years in mines. Wives claim "loss of consortium" in these proceedings.
Case number: 11-C-245

Dec. 30
Erie Insurance Property and Casualty Co. vs. Nicholas R. Schultz Sr. and Amy L. Schultz
PA- Brian D. Morrison, Jordan K. Herrick; J- William S. Thompson
* Erie seeks jury judgment against the Danville residents for $20,138 with Interest at the legal rate, plus court costs and such other just and proper relief. Subrogation case stems from February 2011 rear-end collision on Route 85 at Uneeda, where Amy Schultz was blamed for following too closely the pick-up driven by Brian E. Holeston of Morrisvale. Nicholas Schultz owned the car that struck Holeston and it was noted his liability insurance had lapsed. Erie insured the pick-up with damage amounting to more than $16,000. Holeston's medical expenses brought $3,000 coverage by Erie and recovery of a deductible for underinsured motorist property damage.
Case number: 11 -C-247

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