West Virginia Record

Monday, October 14, 2019

CIVIL FILINGS: Marshall County

By Denise Simpson | May 18, 2012

April 13
Ethel Ward, executrix of the Estate of Charles R. Ward, deceased vs. CSX Transportation Inc. Individually and as successor in interest to the Chessie System, Inc., The B & O Railroad, and The Chesapeake & Ohio Railway
PA- R. Dean Hartley; Julie Magers; J- Hummel
* Ward worked as a Blacksmith from 1977 to 1995, at different locations, not limited to Huntington. His employment necessitated spending time exposed to dangerous and toxic asbestos. This exposures to toxic substances throughout his career caused him to contract lung cancer which resulted in his death on Aug. 31, 2011. Judgment is demanded under FELA as proven at trial.
Case number: 12-C-71

Frank Schachtele vs. CSX Transportation Inc. Individually and as successor in interest to the Chessie System, Inc., The B & O Railroad, and The Chesapeake & Ohio Railway
PA- R. Dean Hartley; Julie Magers; J- Karl
* Plaintiff employment necessitated spending significant time around dangerous and toxic asbestos. This occupational exposure throughout his career caused lung cancer. Plaintiff's health problems have forced him to incur medical expenses which will continue in the future. A trial by jury is demanded.
Case number: 12-C-72

Van L. and Vicki L. Aston vs. Chesapeake Appalachia, L.L.C., an Oklahoma limited liability company
PA- Eric M. Gordon; J- Hummel
* On Feb. 1, 2012, the parties entered into a Water Impoundment Agreement. Chesapeake recently advised plaintiffs that defendants into to truck water to the Aston well pad site. This is in direct contradiction of said agreement and constitutes a breach of contract. Compensatory and punitive judgment is sought.
Case number: 12-C-73

April 16
Richard C. and Carla V. Yoho vs. Richard L. and Darlene K. Martin and Richard L. and Darlene K. Martin d/b/a Affordable Renovations
PA- Herman D. Lantz; J- Karl
*During the past several years, the defendants have intentionally trespassed upon two of plaintiff's right- of- ways. Damage to their driveway and septic tank have resulted. Plaintiffs say they have been deprived use of their destroyed property. Demand for a true and final property line is demanded.
Case number: 12-C-74

April 18
Brian and Tabitha Cavanaugh vs. AB Resources PA, LLC; John W. and Mary Alice Miller; Chief Oil and Gas LLC; Sedco Consulting, LL; Union Drilling, Inc.; and BJ Services Company
PA- Clayton J. Fitzsimmons; Robert B. Warner; J- Hummel
* Union Drilling drilled through an abandoned underground coal mine causing methane gas to flow for 14 hours. Failure to take appropriate safety measures for the presence of methane gas is claimed. Despite the unsafe condition that existed in the workplace, defendants failed to evacuate the area and instructed the crew members to continue working. On Jun. 7, 2010, the methane gas ignited a massive fire that burned over 70 ft. high. The flames burned for 5 days after the explosion. Brian Cavanaugh suffered severe, permanent burns and injuries. Punitive and compensatory damages are sought to deter defendants from such reprehensible conduct in a trial by jury.
Case number: 12-C-75

April 24
Brad A. Behanna vs. Gito, Inc., d/b/a Nello Construction Company; Cost Management LLC; and Cost Company LP
PA- Thomas D. Hall; J- Hummel
* On Nov. 18, 2010, plaintiff was operating his tractor-trailer, carrying cement planks to defendants' construction site. Defendants' employee instructed plaintiff to park his truck on a 45-degree, muddy slope, where it would be unloaded. The tractor began to slide backwards; jackknifed, and caused Behanna to be thrown into and pinned against other construction components. He was airlifted to AGH. Some of the damages sustained are permanent. A jury trial is demanded.
Case number: 12-C-79

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