WEST VIRGINIA RECORD

July 3
Jason S. Gillespie vs. Marvin C. Plumley, Warden Huttonsville Correctional Center
* Gillespie petitioned for Writ of Habeas Corpus seeking new trial concerning conviction of Second Degree Murder and sentence of 25 years. He contended juror misconduct was discovered and there was "Ineffective Assistance of Counsel" with regard to his Feb. 22, 2008, conviction in Boone Circuit Court. State Supreme Court affirmed Boone decision last July 16.
Case number: 12-C-143

July 9
Paul Casket Co., Inc. vs. Tom Stevens d/b/a Stevens Funeral Home
PA- Clinton W. Smith; J- William S. Thompson
* Cambridge City, Ind., company complains Stevens owes more than $12,700 and seeks jury judgment for payment for good and/or services, pre- and post-judgment interest, late charges, collection fees and litigation costs.
Case number: 12-C-144

July 11
Jason Blankenship, Individually and on behalf of those similarly situated vs. Brody Mining, LLC
PA- Todd S. Bailess, Joy B. Mega; J- Thompson
* Blankenship worked as a belt examiner and fire boss for about a month last year before being discharged. He says Brody Mining violated the West Virginia Wage Payment and Collection Act by failing to pay former employees within 72 hours of discharge. Class action suit seeks jury awards for Blankenship and each member of the Class to include compensatory damages, pre- and post-judgment interest, litigation costs, injunctive relief and such further relief deemed just and equitable.
Case number: 12-C-146

July 12
Jerry E. & Karen Y. Lilly vs. Performance Coal Co.; Elk Run Coal Co., Inc.; Alpha Natural Resources, Inc.; Alpha Natural Resources LLC; Alpha Appalachia Services, Inc.; Don Blankenship; Ranger Fuel Corp.; and Westmoreland Coal Co.
PA- Allan N. Kartin; J- Thompson
* Personal injury suit cites defendants exposed the 53-year-old underground miner to excessive dust in violation of lawful limits. The disabled Lilly worked in Southern West Virginia underground mines from about 1976 through 2006 operating a continuous mining machine and doing roof bolting. He was regularly exposed to respiratory diseases, says complaint, "and repeatedly exposed to dangerous levels of respirable dust...in excess of those levels permitted under applicable law and industry standards." Lilly contracted pneumoconiosis, silicosis and other respirable diseases he continues to suffer from and says he is entitled to recover damages in an amount determined by a jury. Couple seeks compensatory and punitive damages for negligence and loss of consortium and services, pre- and post-judgment interest and court costs.
Case number: 12-C-148