West Virginia Record

Sunday, November 17, 2019

CIVIL FILINGS: Marshall County

By Denise Simpson | Feb 24, 2012

Dec. 21
Kylie R. Ferrell vs. Brant D Imhoff, Kasey Thompson, Alisha Mueller
PA- Daniel Balgo; J- Hummel
* On Aug. 22, 2011, Ferrell was a passenger in a vehicle driven by Kasey Thompson. Defendant Thompson failed to maintain control, causing a single vehicle crash when the car went off the right side of the road and struck a tree. Ferrell suffering ongoing pain and suffering, including medical expenses. Thompson was driving a car registered to Imhoff who allowed his daughter, Mueller, to use his vehicle on the day listed. A sufficient award is sought to compensate past, present, and future damages.
Case number: 11-C-214

Dec. 28
Citibank, N.A. vs. Elizabeth Ann Conner
PA- Andrew N. Frye, III; J- Hummel
* Defendant is in default on her repayment obligation and has failed liquidate the balance due and owing, in the sum of $10,650.10.
Case number: 11-C-215

Dawn E. Mead vs. Town & Country Animal Hospital, Inc., James E. Radcliffe, DVM and Sherry Shreve
PA- Ronald Wm. Kasserman; J- Karl
* Mead was injured at work, at Town & Country, in May 2009. Prior to her injury, Mead worked the same daylight schedule for about eight years. Defendants are said to have retaliated and discriminated against Mead for taking the reasonable accommodation of a temporary leave of absence for her workplace injury. As a result of defendant's wrongful actions to her, she has and will continue to suffer economic loss and emotional distress. Mead did not quit or resign her job at T&C and says she is entitled to be reinstated to her prior position as though she had never been fired. Compensatory, punitive, and litigation expenses are demanded.
Case number: 11-C-217

Dec. 28
Kevin R. Durbin vs. Edward G. and LaVonne F. Strope, John D. Wells and Barbara A. Wells, McElroy Coal Company, Range Resources, LLC, and Chesapeake Appalachia, L.L.C.
PA- Thomas E. White; J- Karl
* This action seeks to construe the language of real estate instruments. It is the intention of the parties to establish the legal status with respect to the ownership of mineral, oil, and gas rights to a 58.05 acre parcel in Cameron District. Plaintiff contends that neither Chesapeake, Great Lakes Energy, nka Range Resources have valid enforceable leases since they have not leased them from plaintiff who is the rightful owner. The Court is asked to declare the real estate interests at issue.
Case number: 11-C-219

Jan. 4
Jennifer A. Adams vs. Gary L. Bartsch
PA- Steven T. Taylor; J- Karl
* Defendant was driving north on Marshall Street and stopped at the Third Street stop sign. On Jan. 6, 2010, defendant proceeded through said stop sign and collided with Adam's vehicle. She suffered physical injuries; incurred ambulatory, medical, and pharmaceutical expenses and seeks a judgment for damages.
Case number: 12-C-1

Jan. 5
Jason J. Steed vs. TriEnergy Holdings, LLC, AB Resources, Gray Montague and Michael P. Trout
PA- Jonathan E. Turak; J- Hummel
* Plaintiff was uneducated about his rights under the December 2006 Lease; not represented by an attorney in negotiations and signed documents prepared by an experienced oil and gas landman. The lease terms were oppressive, lopsided, and overwhelming favored defendant. Defendant's conduct is claimed intentional and to the detriment of Plaintiff which resulted in a form of contract that is commercially unreasonable. Compensatory and punitive damages are ordered.
Case number: 12-C-2

Jan. 10
Dominon Transmission, Inc. vs. Andrew M. and Karen A. Fasouletos
PA- Lori A. Dawkins; J- Karl
* Dominion has determined that an order to replace the pipeline must be obtained for temporary access across defendant's property. The subject property is encumbered by Hope Natural Gas Company. To accomplish the necessary replacement, Dominion must modify an existing right of way through the property. A bond has been posted with the Court, payable to respondents, in the amount of $15,019.21, to secure compensation. An order granting right of entry is sought.
Case number: 12-C-5

Patricia Kurtzman and Lloyd Kurtzman vs. Charles A. DeFilippo dba Subway Restaurant
PA- Gregory A. Gaudino; J- Hummel
* On May 9, 2010, while celebrating Mother's Day with her family, Kurtzman's foot twisted and she fell and struck the pavement. Defendant should have known that a 3-inch curb constructed on the doorway of Subway's premises could cause customers to trip while entering or existing the building. She sustained injuries and incurred medical bills for which compensation is sought.
Case number: 12-C-6

Jan. 20
Lana Coffield, and Lana Coffield as Administrator of the Estate of Carl L. Coffield, Sr. vs. Jonathan "J.K." Mann
PA- Joseph R. Canestraro; J- Hummel
* Sometime prior to Oct. 27, 2009, the parties entered into contract allowing defendants to purchase plaintiff's mineral rights on 64 acres in Franklin District, for a purchase price of $3200. Plaintiffs did not contemplate conveying surface rights to said property. Plaintiffs demand that judgment for compensatory damages and mineral rights be awarded.
Case number: 12-C-10

Jan. 25
RC Enterprises Inc. vs. Corvic, Inc. d/b/a Coffee Talk
PA- Kevin L. Neiswonger; J- Karl
* A written lease was executed between the parties on Jan. 31, 2004. As rent, Plaintiff would pay to defendant, 50 percent of the net profits generated by the "poker machines" on a monthly basis for five years. The duration of the lease was for a "period of five years, with five -year extensions, for fifty years. After the initial period, the parties continued to operate in the same manner and fashion as they had done. It was understood by the plaintiff that the five year extension had taken place. Based on this belief, the plaintiff renewed her bid to operate the "machines" with the State at a cost of $55,000. Defendant has recently locked the doors and no longer permits the plaintiff to operate machines on the premises. An award for breach of fiduciary duties is demanded.
Case number: 12-C-11

Kenneth L. and Ruth A. Bambic vs. Craig J. Connors
PA- Shane M. Mallett; J- Hummel
* On Sept. 6, 2010, Connors went left of center, on Big Grave Creek Road, causing a collision between parties' vehicles. Kenneth Bambic sustained damages and injuries. As a direct and proximate result, he has incurred injuries about the head and neck. Expenses about his medical care yet to be determined. Compensatory damages and general relief demanded.
Case number: 12-C-12

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