CIVIL FILINGS: Berkeley County

Aug. 16
Gary L. Johnson vs. State Farm Mutual Automobile Insurance Company, an Illinois Company and Leslie Schweitzer
PA-D. Michael Burke; J-Christopher Wilkes
*Plaintiff claims that on Aug. 4, 2010, he was involved in motor vehicle accident. Plaintiff had State Farm Insurance with whom he filed a claim after exhausting resource of other party's insurance. Plaintiff claims Defendant Schweitzer denied his claim indicating that bills submitted were not related to accident. Plaintiff claims breach of contract, bad faith and violation of the Unfair Trade Practices Act. Plaintiff seeks compensation and punitive damages as well as other fees.
Case number: 12-C-653

Aug. 22
Patty m. Dillow vs. Giant Food Stores LLC
PA-Terrance L. Britt; J-John Yoder
* Plainitff claims that on May 29, 2012, she fell in the local Martin's Food Store as a result of water on the floor. She claims negligence and seeks compensation for her injuries as well as any other fees.
Case number: 12-C-670

Aug. 24
Murall Limited Partnership vs. Berkeley County Public Service District, Nextel Communications fo the Mid-Atlantic, Inc. d/b/a Nextel Communications and Southwestern Bell Mobile Systems d/b/a Cingular Wireless
PA-Christopher Robertson; J-John Yoder
* Plaintiff claims in the early 1990s, plaintiff and defendant jointly worked to construct a water storage tank with an agreement to split all lease fees from cell telephone users placing antennae on the tower. Plaintiff paid $389,603 in construction costs. From 1999 when the leases began, the defendant continued to vote to split the money as the tank is accessed through a Murall easement. In Dec. 2003 the vote continued to approve the split while additional providers were added to the tower. On May 9, 2011, the defendant unilaterally voted to stop making payments to the plaintiff. Plaintiff claims misuse and overburden of the easement which the plaintiff revoked the use of in 2011. Plaintiff seeks a cease and desist order so that defendants may not use the easement. Plaintiff argues breach of oral contract and seeks injunctive relief, costs and fees.
Case number: 12-C-676

Aug. 27
Sandra M. Manning vs. Capital One Bank (USA) N.A.
PA-Garry G. Geffert; J-Christopher Wilkes
* Plaintiff claims violation of the West Virginia Consumer Credit and Protection Act. Plaintiff seeks up to $74,999.
Case number: 12-C-680

Aug.28
Penny VanMetre, Dennis VanMetre, Steve McDaniel, John Adams and Jeff Carter on behalf of themselves and all others similarly situated vs. A Life Style Service Inc. d/b/a Life Style Staffing and Rubbermaid Incorporated
PA-Barry P. Beck; J-Christopher Wilkes
* Plaintiffs claim they were employed with defendant who had a policy that if an employee refused to finish a job or quit, their final hours were reduced to minimum wage. Plaintiffs claim they were involuntarily terminated but had their wages reduced. Plaintiffs claim a violation of the WV Wage Payment and Collection Act and seek judgment in an amount not greater than $74,999 each individual and not more than $4,999,999 for the entire class.
Case number: 12-C-683