CIVIL FILINGS: Boone County

Sept. 7
State of West Virginia and Boone County Sheriff’s Dept. vs. Nineteen Eighty Nine Chevrolet S-10, Adam Mitchell (interested party)
PA- Justin A. Marlowe; J- William S. Thompson
* Citing State Contraband Forfeiture Act, Petition For Forfeiture filed following traffic stop last June in Route 17 area that turned up two marijuana plants in the bed of a vehicle "used, has been used, or was intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession or concealment of controlled substances..."
Case number: 12-C-199

Sept. 14
Tammy Honaker, Administratrix of Alex Honaker vs. Coder's Bar & Grill, LLC; and Christopher
Floria
PA- Edward G. Atkins; J- William S. Thompson
* Wrongful death complaint says Alex Honaker died in September 2010 when his motor vehicle left Route 3 near Stickney, then struck a rock or concrete pier. Administratrix, victim's mother, says unlawful sale of alcohol to her underage son at Cooter's resulted in intoxication impairing his ability to drive. Floria, described as owner and manager of subject bar, resides at Colcord, Raleigh County. Victim's parents seek jury award in sufficient amount to compensate for their loss and costs.
Case number: 12-C-204

Sept. 18
Tammy Honaker, Administratrix vs. Cooter's Bar & Grill, LLC
PA- Edward G. Atkins; J- William S. Thompson
* Suit styled same as Case 12-C-204 accusing only the Boone County establishment of causing minor Alex Honaker's death by unlawfully selling him alcoholic beverages.
Case number: 12-C-205

Sept. 20
James S. Smith and Debra Smith vs. Mine Safety Appliances Co.; Persinger Supply Co.; Raleigh
Mine & Industrial Supply, Inc.; and Eastern States Mine Supply Co.
PA- G. Todd Houck; J- William S. Thompson
* Smith brings product liability suit saying he developed what coal miners call "black lung" disease because he breathed substantial amounts of harmful dust through respirators having hidden defects that were manufactured and sold by MSA, and distributed, supplied and sold by the other three defendants. Smith, a coal miner some 28 years, lives at Lynco. Wife Debra claims loss of consortium because of James’ condition. Smiths want jury verdicts, jointly and severally, for compensatory and punitive damages, litigation expenses, pre- and post-judgment interest, and all further relief for which entitled.
Case number: 12-C-206

Sept. 24
Harold Willmeth vs. State Farm Mutual Automobile Insurance Co., Thomas Fitzsimmons
PA- Brian E. Biglow; J- William S. Thompson
* Willmeth contends State Farm has not fulfilled benefits owed stemming from an October 2010 rear end collision caused by a trailing vehicle. He wants a jury to sort out his entitlements from underinsured motorists and medical expense coverages. He challenges State Farm and adjuster Fitzsimmons' interpretation that reduces total of claims by the amount of bodily injury damage paid.
Case number: 12-C-208

Oct. 4
State of West Virginia By Its Prosecuting Attorney of Boone County, for and on behalf of the US 119 Task Force vs. Christopher R. Ferrell, Jessica M. Elswick, Marshall D. Taylor & Michael M. Mitchell, United States Currency in the Sum of Two Thousand One Hundred Thirty-One Dollars ($2,131) and any Other Unknown Parties of Interest
PA- Justin Marlow; J- William S. Thompson
* County and State Police made a controlled purchase last July 12 of Oxymorphone pills at the Hewitt address of Ferrell and obtained a search warrant. When taking defendants into custody, officers discovered a four-month-old infant at the residence and seized additional "Opana" and a total of $2,131 under State law involving possession of controlled substance with intent to deliver.
Case number: 12-C-212