WEST VIRGINIA RECORD

May 30
Beverly Casto and Burton Casto vs. S&B Concrete, Stephen Henry and Lisa Henry
PA-pro se; J-Stowers
* The Castos allege the defendants broke their contract and did not fulfill the agreement. Also, they allege a retaining wall was destroyed. They seek $11,606 -- $5,000 for a down payment and $6,606 to repair the wall – as well as pre- and post-judgment interest.
Case number: 12-C-170

May 29
Paul J. Hollar Sr. and Yvonne M. Hollar vs. M&B Development Company LLC
PA-Timothy J. LaFon; J-Leslie
* The plaintiffs purchased property at 33 Lexus Drive in Hurricane from the defendant on July 29, 2011. The home, they say, had "serious structural problems," according to a report from Advantage Home & Environment Inspections Inc. They allege fraud, breach of implied warranty, rescission and breach of contract. They seek rescission of the contract, compensatory damages, punitive damages, attorney fees and other relief.
Case number: 12-C-175

June 5
Complete Tower Services LLC vs. Site Acquisitions Inc. dba SAI Communications
PA-Henry R. Glass III; J-Stowers
* Plaintiff says it entered a service agreement with defendant on Aug. 27, 2010. Plaintiff says it performed and completed services and invoiced the defendant. But it claims defendant didn't pay. It seeks total of $14,550 as well as pre- and post-judgment interest, court costs and expenses, attorney fees and other relief.
Case number: 12-C-176

BPI Inc. vs. Site Acquisitions Inc. dba SAI Communications
PA-Henry R. Glass III; J-Stowers
* Plaintiff says it entered a service agreement with defendant on Aug. 20, 2008. Plaintiff says it performed and completed services and invoiced the defendant. But it claims defendant didn't pay. It seeks total of $17,894 as well as pre- and post-judgment interest, court costs and expenses, attorney fees and other relief.
Case number: 12-C-177

June 7
Richard E. Holtzapfel and Tammy L. Holtzapfel vs. Topeka Enterprises Inc. dba Nitro Carpet Outlet
PA-David A. Holtzapfel; J-Spaulding
* Plaintiffs allege carpet and tile installed by the defendant at their home was not done properly. The carpet detached in various places, and the grout crumbled and dislodged and was discolored and splotchy. Defendant tried to fix the tile and grout twice. The defendant then offered a full refund on the tile, but the plaintiffs refused. Then, they offered a 50 percent refund on the tile. They allege negligence, breach of contract, marketing and/or selling of defective products, breach of warranty and breach of duty of good faith and fair dealing. They seek compensatory damages, plus costs for annoyance, inconvenience and aggravation. They also seek attorney fees.
Case number: 12-C-180

June 11
Timothy Tomblin and Rebecca Tomblin vs. Design Roofing LLC, Todd Townsend, John Vance, Michelle Townsend and Does 1-25
PA-J. Patrick L. Stephens; J-Stowers
* On June 25, 2010, Timothy Tomblin was working for the defendant company and owners when he slipped and fell off of a roof, injuring himself. During his stay in the hospital, owner Todd Townsend told Tomblin he had not been working for Design Roofing. He also never received any documentation from workers' compensation. The plaintiffs say the defendants first were negligent in maintaining a proper working environment. They also allege Workers' Compensation fraud, deliberate intent, premises liability and loss of consortium. They seek compensatory and punitive damages, attorney fees and court costs, pre- and post-judgment interest and other relief.
Case number: 12-C-185

June 12
Cory Edward Butler vs. Appalachian Railcar Services Inc.
PA-Harvey D. Peyton; J-Stowers
* Butler, who lives in Lincoln County, worked for the defendant on Sept. 7, 2010, when he suffered a disabling injury to his left femur, pelvis, spine and other body parts when a rail car carriage bolster was lifted without proper safety equipment and slid off a rigged up chain and fork lift and fell directly on him. He seeks compensation for past and future pain and suffering, past and future loss of enjoyment of life, past and future emotional distress including post traumatic stress disorder, permanent scars and disfigurement, past and future medical expenses, past and future loss of earnings and wages and diminished earning capacity, past and future aggravation, annoyance and inconvenience and attorney fees and court costs. He also seeks pre- and post-judgment interest.
Case number: 12-C-186

Paul A. Parog vs. Select Security Solutions Inc. and Angelo Miller
PA-Harvey D. Peyton; J-Stowers
* On Sept. 30, 2010, Miller was driving a 2009 Chevrolet HHR owned by SSS at nearly 90 mph when he hit Parog's vehicle and injured him. Parog has incurred expenses of $115,000 and says he'll incur at least $100,000 more. He also says he has lost the ability to work and earn money at his chosen occupation, costing him at least $2 million more. He also seeks punitive damages in excess of $5 million. He seeks those amounts as well as interest, court costs, attorney fees and other relief.
Case number: 12-C-187