CIVIL FILINGS: Marshall County

By Denise Simpson | Mar 23, 2012

Feb. 2
Paige Norman vs. David Cunningham and Jason Heller
PA- Anthony I. Werner; J- Hummel
* On June 3, 2011, a crash occurred when an automobile operated by Cunningham collided which was occupied by Plaintiff . As a proximate result of the crash, Norman sustained bodily injuries, and it is with reasonable certainty other expenses will be incurred.
Case number: 12-C-16

Feb. 3
Tiffany N. Miller vs. Brittany N. McDonald and Brian J. McDonald
PA- Rodney T. Berry; J- Karl
* The collision between two vehicles is claimed to have been the direct and proximate result of the defendant's negligence. Judgment is demanded against medical and physical, including but not limited to headaches.
Case number: 12-C-17

John K. Mason Sr. and Nancy L. Mason, his wife, et. al. vs. TriEnergy, Inc., a foreign corporation, et. al.
PA- Robert P. Fitzsimmons; Gregory A. Gellner; J- Hummel
* Plaintiffs say TriEnergy misrepresented the existence of the Marcellus Shale formation to plaintiffs in order to negotiate unfair contracts. Further, the contracts are of adhesion and are unconscionable in their terms; based on inadequate considerations and fraudulent representations. Damages for economic loss; slander of title; and loss of use of their land have been suffered.
Case number: 12-C-18

Feb. 6
Edward William May, Jr. vs. Michael Strickland, Robert and Frances Carpenter
PA- Shane M. Mallett; J- Karl
* Defendants Carpenter negligently owned, kept and harbored a dog that had a dangerous or vicious propensity at their residence in Moundsville. On Feb. 4, 2010, May was attacked and bit thereby causing severe, permanent injuries and damages. Strickland or Carpenter, as owners, permitted such dog to run at large while not properly secured. May suffered injuries to the facial areas and his extremities. Judgment is demanded against defendants for compensatory and general damages.
Case number: 12-C-19

Feb. 9
Irene Kutay vs. Marshall County Commission
PA- Daniel M. Balgo; J- Karl
* Kutay attempted to enter the Marshall County Courthouse on Feb. 10, 2010, but slipped and fell injuring herself. Defendants had a duty to ensure and properly maintain the entry way into the courthouse. Plaintiff seeks an amount sufficient to compensate the damage suffered to her knee and leg.
Case number: 12-C-21

Feb. 13
Panhandle Cleaning & Restoration Inc. vs. Gina Irwin
PA- Ronald M. Musser; J- Hummel
* About September 2010, defendant contracted with plaintiff to make necessary repairs; thereafter, in October 2010, for restoration to her residence due to water damage. The failure by defendant to pay for the water restoration services and emergency work provided by plaintiff constitutes both a breach of contract and unjust enrichment for which defendant is liable in the amount of $27,175.60.
Case number: 12-C-22

Feb. 14
Roseanna Keller vs. Jeff Bolten, Bayer MaterialScience, LLC
PA- Jeffrey A. Grove; J- Hummel
* Plaintiff was an employee of the New Martinsville facility starting on Sept. 15, 1980. At the time of her termination, plaintiff was the Human Resource Director. On June 21, 2010, the parties entered a Voluntary Separation Agreement contingent upon plaintiff remaining actively employed through June 2012. Defendants notified plaintiff that she was being terminated from employment with an effective date of March 4, 2011. Jeff Botlen openly stated to managers that "anyone over the age of 60 needs to be gone and to take the severance." The conduct was intentional and entitles the plaintiff punitive damages.
Case number: 12-C-24

Mary K. Throckmorton vs. William S. McNees
PA- Jonathan E. Turak; J- Karl
* On Aug. 16, 2011, carelessly struck the rear of an automobile operated by plaintiff. The resulting injuries occurred with respect to McNees driving under the influence of drugs. As a direct result of said negligence, some of plaintiff's injuries may be permanent in nature. Compensatory and punitive damages are demanded.
Case number: 12-C-25

Feb. 17
Rodney J. LeMasters, individually and on behalf of all others similarly situated vs. TeleTech Customer Care Management, (WV), Inc.
PA- Sandra K. Law; J-Hummel
* This Class Action complaint is filed on behalf of employees discharged at various times from 2006 to 2011 without receiving their final wages in a timely manner. The damages in this action are set by statute and preclude the necessity of a case by case assessment.
Case number: 12-C-28

Feb. 21
SLM Private Credit Student Loan Trust 2006-B Trust vs. Jason A. McNamara
PA- Jane Ann Pancake; J- Karl
* A Promissory Note executed by defendant on June 15, 2004 is due and owing. The sum of $16,232.20, consisting of principal and interest, from the date of filing this complaint, is demanded.
Case number: 12-C-31

Feb. 24
Katey Kage, Individually and as Administratrix of the Estate of Allen R. Kage vs. Nationwide Life and Annuity Insurance Company; Thomas Fahey
PA- Anthony I. Werner; J- Hummel
* Plaintiff was appointed Administratrix on Dec. 21, 2011; she was the wife and remained with him until his death on Dec. 21, 2011. On Aug. 30, 2011, Allen R. Kage executed a $50,000 policy, with his wife as 100% primary beneficiary. She received a check in the amount of $50,000; deposited in Main Street Bank who in turn notified her that Nationwide had stopped payment on the check. Defendants represented to the Kages that the policy would provide $50,000, regardless when he died. A declaratory judgment that defendants are obligated to provide the benefit is requested.
Case number: 12-C-34

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