West Virginia Record

Wednesday, October 16, 2019

CIVIL FILINGS: Marshall County

By Denise Simpson | Jul 27, 2012

June 29
Betty Wise vs. D.D. Exterior Enterprise LLC d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Hummel
* About May 25, 2010, plaintiff signed a contract with defendant to construct a new roof for the sum of $5,777.12. In December 2010, Wise first noticed the roof was leaking. As a result, her property became damaged. A repairman never was sent despite frequent requests. A request for total damages of $50,000 is demanded.
Case number: 12-C-127

Teresa Kay Warble vs. Warren Distribution, Timothey Beaver, Steve Hess and Todd Dikeman
PA- Jacob M. Robinson, George N. Sidiropolis; J- Karl
* During the scope of Warble's employment at Warren, she was consistently subjected to sexual innuendo, dirty tricks and unwanted forms of harassment motivated because of her gender. Defendants failed to take affirmative measures and scheduled Warble to work with employees it had suspended for their prior acts of sexual harassment. She was subsequently discharged for reporting the unlawful conduct. Compensatory and punitive damages are demanded.
Case number: 12-C-128

July 3
Dennis Lee and Deanna Gobble vs. J.H. Fletcher & Co.; Maxxim Rebuild Co.
PA- R. Dean Hartley; Patrick C. Timoney; J- Karl
* On July 6, 2010, Dennis Goble was employed by Dickenson Russell Coal Company at the Laurel Mountain Mine. He was operator of a machine identified as a "Fletcher Roof Bolter." Gobble sustained serious and permanent injuries when the canopy of the operator's compartment of the Roof Bolter came down on him while he was in the operator's compartment; crushing his head and body against the machine. The Roof Bolter was reconditioned by Maxxim and manufactured by Fletcher. Compensatory damages are demanded in an amount to be determined by trier of fact.
Case number: 12-C-130

July 6
Larry K. Hustead vs. D.D. Exterior Enterprise LLC d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Hummel
* Mr. Buchanan inspected plaintiff's roof and informed him there was hail damage. His solicitation resulted in a contract being signed on May 12, 2010. The following month supplies were delivered and placed in plaintiff's front yard. The subcontractors began their work mid- July. Plaintiff contacted Buchanan to inform him of an expected rain storm. No one came to cover the roof and water soak through the ceiling on the first floor. Defendant led Plaintiff to believe that the problems with his roof would be resolved. A trial by jury is demanded.
Case number: 12-C-132

Sherry Lusk, f/k/a Sherry Rhodes vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Hummel
* About June 6, 2010, Lusk signed a contract to construct a new roof on her house. During the removal of the existing roof, plaintiff's air vent and air conditioner were damaged by throwing shingles on them. Plaintiff had to carry buckets of water out of her house when it rained. She contacted the Attorney General's office who gave Defendant a final opportunity to resolve the violations; which he failed to perform. A trial by jury is demanded.
Case number: 12-C-133

Larry Jenkins vs. D.D. Exterior Enterprise, LLC, d/b/a Equity One Exteriors
PA- Paul J. Harris; J- Hummel
* On May 15, 2010, Joseph Bates, acting as an "insurance specialist" for Defendant, approached and informed plaintiff that Equity One was inspecting roof in Plaintiff's neighborhood for hail damage. A contract was entered into on this day to replace plaintiff's roof on his house, garage, and carport. Defendant materially breached the contract. A trial by jury is demanded.
Case number: 12-C-134

July 9
Melissa Goldbaugh, Administratrix and Personal Representative of the Estate of William S. Goldbaugh and Melissa Goldbaugh, Individually and as Mother and Next Friend of Timothy Goldbaugh, a Minor, and Andrew Goldbaugh and Nicole Goldbaugh vs. A & B Sales, Inc. and A & B Sales, Inc., d/b/a A & B KIA and KIA Motors America, Inc.
PA- Anthony I. Werner; Joseph J. John; J- Karl
* The 2007 Kia Optima was built to be crash worthy when it was sold to William and Melissa Goldbaugh, on Nov. 21, 2007. While traveling in Dayton Beach, on I95, a vehicle being driven in the wrong direction caused a head- on collision with the Goldbaughs. As a result, William Goldbaugh was severely injured and died as a result of the injuries. Kia sold a defective product wherein welds failed and the driver's side air bag did not deploy. Plaintiffs demand a trial by jury.
Case number: 12-C-135

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