CIVIL FILINGS: Boone County

by Harmon Marks |
Jan. 25, 2013, 5:00am

Dec. 6
Earl F. and Dianna E. Waddell vs. Performance Coal Co.; Alpha Natural Resources, Inc.; Alpha Appalachia Services, Inc.; Alpha Appalachia Holdings, Inc.; Alpha Natural Resources Services, LLC; Consolidation Coal Co.; Mountain Energy, LLC; Mountain Edge Mining, Inc.; Lightening Contract Services, Inc.; and Westmoreland Coal Co.
PA- Allan N. Kariin; J- William S. Thompson
* Veteran disabled coal miner, age 66, directs his personal injury suit against companies that employed him underground. Waddells say Earl worked "in positions that regularly exposed him to substantial amounts of respirable dust, including coal dust and crystalline silica, which are known to cause respiratory disease including simple coal workers' pneumoconiosis... bronchitis, emphysema, simple silicosis, complicated silicosis, and other respiratory diseases." He complains he was "exposed to dangerous levels of respirable dust" in excess of levels permitted under applicable law and industry standards. Suit seeks compensatory damages for loss of consortium and services, punitive damages, litigation costs, pre- and post-judgment interest and such other relief from discovery at trial.
Case number: 12-C-240

Dec. 7
Justin A. Smith vs. David Stanley Consultants, LLC; Elk Run Coal Co., Inc.; Alpha Natural Resources Services, LLC; and Alpha Natural Resources, Inc.
PA- John J. Polak, Paul Frampton Jr., Matthew M. Hatfield, Harry M. Hatfield; J- William S. Thompson
* Defendants willfully, maliciously and unlawfully terminated Smith following two months employment at Black King Mine because he suffered "a compensable injury" and attempted to receive workers' compensation benefits, the complaint alleges. The plaintiff seeks lost wages and benefits, back and front pay, personal and punitive damages, pre-judgment interest, court expenses and such other relief deemed just and equitable.
Case number: 12-C-242

Dec. 11
Josh D. Chafin vs. Brody Mining, LLC
PA- Mark A. Atkinson, Paul L. Frampton; J- William S. Thompson
* The complaint says Chafin was injured last April working at a Brody mine in Boone County, then filed a workers' compensation claim ruled compensable. On or about Aug. 2, he was terminated by "unlawful retaliatory discharge," he claims. Chafin seeks jury judgment for lost wages and benefits, back and front pay, personal and punitive damages, pre-judgment interest, court costs and such further relief deemed just and equitable.
Case number: 12-C-244

Dec. 14

Green Tree Servicing, LLC vs. Dean and Penny Olson
PA- Jason S. Long, Michael Proctor; J- William S. Thompson
* Sylvester couple is accused of defaulting their July 1999 installment contract in principal amount of $41,242 for a manufactured home. Green Tree asks court to grant right of immediate possession of the unit as contracted collateral.
Case number: 12-C-247

Vanderbilt Mortgage and Finance, Inc. vs. Patricia G. Meeks
PA- Marc B. Lazenby; J- William S. Thompson
* Vanderbilt cites a December 2008 Deed of Trust on file conveying property at Nellis by Defendant to Casie McGee to secure Plaintiff'ss loan of $50,753. Meeks, also known as Patricia Dotson, subsequently defaulted on loan payments to Vanderbilt, the complaint says, and a foreclosure sale's high bid of $31,500 conveyed Ridgeview Road property to Plaintiff. Defendant allegedly refuses to vacate and Vanderbilt seeks Court order requiring her to leave, plus obtain such further appropriate relief.
Case number: 12-C-248

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