West Virginia Record

Monday, December 9, 2019


By Denise Simpson | May 4, 2012

Feb. 23
Twila Fusco vs. Market Center Inc, d/b/a Riley Building
PA- Gerasimos (Jerry) Sklavounakis; J- Gaughan
* On Feb. 25, 2010, plaintiff was exiting the parking lot and walking on Chapline Street towards the Ohio County Courthouse, at the corner of 14th and Chapline Street. She was caused to violently slip and fall due to snow, slush and ice. As a result, Fusco sustained permanent injuries to her head, back, and shoulders. Judgment is demanded for her injuries which are believed lasting in nature.
Case number: 12-C-77

Feb. 24
Cincinnati Insurance Company a/s/o Lillian Gangwere Cale vs. Alex E. Paris Contracting Company, Inc. and Mountaineer Gas Company
PA- Regis J. Moeller; J- Wilson
* About June 2011, at the direction of Mountaineer, Paris Contracting began replacing the main gas lines in front of plaintiff's home. A large machine was used to backfill earth 20 feet from plaintiff's residence. The jarring vibrations from the "power tamping" caused damage to the structure, walls, and ceilings of Cale's home and she was forced to perform costly repairs. A trial by jury is demanded.
Case number: 12-C-78

Jane Dlesk, as Power of Attorney for Randall J. Dlesk vs. Erica Tamburin
PA- Bradley K. Shafer; J- Wilson
* Dlesk attempted to evict Tamburin from the property prior to this action. They entered into contract to resolve their differences and Dlesk voluntarily dismissed. Defendant breached the contract; owes rent dating back to May 2011; despite being asked to leave, has made representations that she owns the property. An Order directing defendant to vacate the property is requested.
Case number: 12-C-79

Mark D. Panepinto dba Eastern Development Company vs. Absolute Concrete, Inc. and The Estate of Gary J. Marconi, deceased
PA- Mark D. Panepinto; J- Wilson
* Plaintiff hired the defendant in late July 2011, to perform concrete placing and finishing at a parking lot job on plaintiff's real estate. Absolute admitted to the mistake of supplying incorrect concrete and agreed to reimburse plaintiff $800 and to place and finish the concrete. Defendants failed to reimburse the defendants as agreed and $3000 in special damages is demanded.
Case number: 12-C-81

Feb. 27
David and Sara Dent vs. Chesapeake Appalachia,; Robert J. Dobkin; Trumbull Corporation and John Does 1-5
PA- Brent E. Wear; J- Wilson
* On Oct. 1, 2010, Chesapeake entered into a Lease on 329.159 acres with the Hall's for drilling rights on their property located on G.C.&P. Road. The Dent's live and own property in close proximity to the Hall's. The construction of gas well drilling sites on the Hall property has involved extensive earth disturbance and damage to the plaintiff's adjacent property. Compensatory and punitive damages are requested.
Case number: 12-C-82

Feb. 29
John Davis, Sheila Davis, John Davis, Next of Friend of Addison Davis, a minor vs. Louis Johnson, Fred Asbury, Pam Asbury, VFIS of WV, Inc. et al
PA- Ronald W. Zavolta; J- Wilson
* Defendants Fred and Pam Asbury's automobile insurance company alleges the vehicle operated by defendant Johnson was stolen or operated without permission or consent. Plaintiffs were active in the scope of their service as volunteers with McMechen Volunteer Fire Department. On Jan. 7, 2009, defendant Johnson violently rear- ended; at a high rate of speed the vehicle operated by plaintiff John Davis. He received serious permanent injuries and damages. A trial by jury is demanded.
Case number: 12-C-84

March 8
Ronald E. Walton Sr. vs. Wheeling Park Commission
PA- Ronald Wm Kasserman; J- Recht
* On May 27, 2010, plaintiff anticipated purchasing two boxed lunches for he and his wife, who was working in the gift shop. A letter placed him on notice that his termination was recommended. Walton claims he intended on purchasing the lunches and seeks reinstatement of his past employment position with Wheeling Park, along with expenses.
Case number: 12-C-90

March 9
Alpha Financial Solutions vs. Wheeling Hospital, Inc.
PA- Matthew J. Lautman; ; J- Gaughan
* Alpha provides billing, data processing, and management services to Wheeling Hospital under Agreement executed on April 1, 2009; which copy of same is attached to complaint. In a series of meetings, defendant informed plaintiff the services would be terminated Feb. 1, 2012. Alpha compensated Alpha with no less than $1,610,000. A judgment in favor against Wheeling Hospital is sought.
Case number: 12-C-91

March 12
Mary Konikowski vs. Wheeling Island Gaming; Diana Arigoni and Kimberly Puskarich
PA- Nicholas A. Wininsky; J- Wilson
* Plaintiff worked a number of years for defendant until her discharge in March 2011. She complained to management that although her colleagues were able to draw overtime she was prohibited. In March 2011, Konikowski informed Puskarich that she required breast surgery and three days after plaintiff was terminated. Discrimination is cited as a direct result of such termination. Compensatory damages are requested.
Case number: 12-C-93

Asset Acquisition Group, LLC, assignee of Bank One vs. Roscoe Ratliff
PA- Ryan S. Marsteller; J- Gaughan
* Following repossession and sale of the subject collateral in 2004, plaintiff says they are owed the sum $21,227.79. Judgment is demanded relating to the sale and repossession of this vehicle.
Case number: 12-C-95

March 14
Carol Ann Simmons vs. Wheeling Island Gaming, Inc.
PA- Pro Se; J- Wilson
* Monetary damages and an apology are sought in this suit against Wheeling Island and its security for the emotional stress, pain and suffering.
Case number: 12-C-101

March 15
Audrey M. Beasley vs. Ohio County Board of Education
PA- Donald J. Tennant, Jr.; J- Gaughan
* Defendants permitted the Wheeling Park Boosters to operate a Bingo Game in the "old gymnasium's "back door" to the south into a back parking area on Nov. 7, 2011. Beasley says that negligent conditions existed at the exist for a safe egress at night. She suffered a fractured "tailbone" with other injuries to which a compensatory judgment is demanded.
Case number: 12-C-102

March 19
Barbara L. Koski and Kara P. Koski vs. Christopher R. Martina and Peter Martina
PA- Michael G. Simon; Kevin M. Pearl; J- Gaughan
* On March 21, 2010, plaintiffs were traveling on I70 near Triadelphia and both plaintiff sustained severe and disabling personal injuries that required medical treatment. Christopher Martina was under the influence of alcohol as a matter of fact; his judgment was impaired. Defendant Peter Martina created a risk to others when he entrusted his vehicle to defendant. Judgment is demanded against both defendants.
Case number: 12-C-107

March 20
LaTonia Faison vs. The Salvation Army, John and Dianna Blevins
PA- Ronald Wm Kasserman; J- Wilson
* The Blevins were managerial employees where plaintiff was employed from June 2008 through March 2010. Defendants had a dog that was vicious toward Faison who complained about the dog chasing her through the store. They were required to keep the dog out of the business premises then retaliated. Plaintiff says she was given menial manual labor unlike the other white employees. Discriminating wrongful termination is claimed for the compensatory and punitive judgment sought.
Case number: 12-C-109

March 21
Manfredi Mushroom, Inc. d/b/a Manfredi Logistics Service, Inc. vs. HLC Trucking Company and Charles E. Coffman
PA- Michael E. Lang; J- Gaughan
* Plaintiff's employee, Charles Gardiner, in the course of his employment was operating a tractor trailer on Aug. 10, 2011. Coffman was operating a dump truck owned by defendant out of a construction zone on I-70 when he made an illegal U-turn through the median turnaround. Plaintiff attempted to avoid defendant's vehicle but was unable to do so. Judgment is demanded as set forth in the damages sustained.
Case number: 12-C-111

March 22
Linda Welsh, individually and on behalf of all others similarly situated vs. The Kroger Company
PA- Yolonda G. Lambert; J- Wilson
* Plaintiff was employed by defendant at its Benwood store. She was discharged on Jan. 19, 2012, and other Class members at various times from 2007 to 2012. Benefits were not received in a timely manner as required. An award of relief is sought.
Case number: 12-C-112

March 23
Branch Banking & Trust Company vs. Susan Smith
PA- Christopher R. Moore; J- Gaughan
* Defaulted on the terms of a real estate contract and subsequently sold at auction. A deficiency balance remains in the amount of $29,489.55. This amount plus the contractual interest rate is requested.
Case number: 12-C-113

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