West Virginia Record

Thursday, September 19, 2019

CIVIL FILINGS: Marshall County

By Denise Simpson | Jun 22, 2012

May 18
John R. Yanen and Christine R. Astipalitis vs. Tim Wayne Tyler, II; Ellen L. Tyler
PA- Eric M. Gordon; J- Karl
* Plaintiffs purchased the property and residence on Spruce Street on May 18, 2010, from defendants for $325,000. The plaintiffs say the defendants should have known of the water problems in their basement and the problem with the pool liner prior to selling the property. These defects diminish the value of the property. Compensatory damages are sought.
Case number: 12-C-102

May 22
Erma Vance vs. Ohio Valley Regional Transit Authority
PA- Christopher J. Regan; J- Hummel
* Near the Kroger parking lot on April 16, 2011, Lawrence E. Russell was operating a passenger bus within the scope of his employment with defendant. He lost control and veered into a light pole when plaintiff was a passenger. As a direct result of this negligence, she suffered fractures to her hip. Compensatory and general damages are requested.
Case number: 12-C-103

Sheila J. Fitzpatrick, Individually and as a member of Blaney Farms LLC vs. Cynthia J. Ward, Individually and in her capacity as Manager of Blaney Farms LLC, Dale P. Ward and Blaney Farms LLC
PA- Herman D. Lantz; J- Hummel
* Willard O. and Rena Blaney transferred three parcels of real estate to Blaney Farms on May 12, 1999. In June 2009, defendant Ward entered into an oil and gas lease with Chesapeake Appalachia. Plaintiff requested Ward re-convey the property that was wrongfully conveyed to Cynthia J. and Dale P. Ward. This deed was based upon fraud, deceit and bad faith. Fitzpatrick seeks an award for compensatory and punitive damages.
Case number: 12-C-105

May 23
Gene Ann Mare Blythe, as Administratrix of the Estate of Charles Richard McIntire, deceased vs. Consol Energy, Inc. and Joseph Ontko
PA- Mark A. Colantonio; Robert P. Fitzsimmons; Clayton J. Fitzsimmons; J- Karl
* Plaintiff's decedent McIntire was employed by Consol as a timber/ laborer working at the Shoemaker Mine on Oct. 17, 2011. Ontko was McIntire's direct supervisor and responsible for his safety. Ontko instructed the work crew to clean up material that had fallen at main line haulage located by River Portal in the mine. Despite unsafe working conditions, McIntire was required to operate the ditch digger pursuant to Ontko's directives. McIntire attempted to coast through the "Jump Area" but was unsuccessful. The ditch digger tram forward crushing him underneath the machinery. His right leg was severed off at the hip. H experienced significant pain until the ditch digger was lifted off. He was transported to Wheeling Hospital where he was pronounced dead nearly two hours later. A jury judgment is demanded for this wrongful death.
Case number: 12-C-106

June 7
Marco's Service Center Inc. vs. Greg's Deli Inc.
PA- Gary A. Sacco; Robert G. McCoid; J- Karl
* Plaintiff entered into a leasing agreement on Feb. 28, 1995, for property located on Wheeling Avenue. The purpose of said lease was for operating a gasoline service station. A sublease agreements were entered by defendant. On Dec. 1, 2011, defendant ceased paying plaintiff the sums due under a sublease entitling plaintiff immediate possession of the demised premises. A duty was owed to plaintiff to maintain the premises in proper functioning working order. Judgment is demanded for the amount of $136,000 in damages by a jury trial.
Case number: 12-C-112

June 8
Robert R. and Donna D. Reynolds vs. Kenneth L. Hillbery; Arrissa I. Hillbery; Shelly Buzzard d/b/a Sun Valley Realty, Maria Rayl and Joseph R. Canestraro
PA- Jeffrey R. Miller; Lester C. Hess, Jr.; J- Hummel
* On June 12, 2010, plaintiffs and Hillbery defendants entered into a sales contract for two parcels of real estate for $135,000. Defendants verbally represented to plaintiffs the parcels sold were contiguous. Defendants further represented to plaintiffs the property included the Pole Barn, when in fact a portion of the barn was located on property not owned by Hillbery. Plaintiffs were forced to purchase .44 acre parcel from Floyd Clark in order to gain sole ownership of the Pole Barn. Judgment is demanded for the deceased property value and losses summarized in this complaint.
Case number: 12-C-113

Janet Savage vs. Thomas J. Shiver
PA- Gerasimos (Jerry) Sklavounakis; J- Hummel
* On June 8, 2010, near the intersection of Tomlinson Ave and 6th Street, defendant collided with plaintiff, then continued to strike the rear of a parked vehicle. As a result of this conduct, plaintiff had to be treated by health care professionals. Adequate compensation is sought for damages and losses.
Case number: 12-C-115

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