CIVIL FILINGS: Boone County

by Harmon Marks |
Feb. 8, 2013, 4:30am

Jan. 22
Harvey Trucking, Inc. vs. CSX Transportation, Inc., and John Doe, an unidentified driver
PA- Daniel R. Schuda; J- William S. Thompson
*The plaintiff seeks a jury award to compensate it for damages to its loaded coal truck from a September 2011 collision that Harvey Trucking claims was caused by a CSX truck. The complaint says its driver notified other potential users of a narrow, steep coal mine haul road near Ashford by CB radio not to come uphill until he completed his downhill trip. That was done, Harvey Trucking says, as a standing communication procedure. CSX failed to furnish Doe with a CB radio, according to the suit, which caused the trucks to collide in a steep curve, resulting in truck damages, lost profits and injuries. Plaintiff also wants court costs and any other appropriate relief.
Case number: 13-C-13

Jan. 23
Dwayne Johnston vs. Parsley Enterprises, Inc., and Newhall Contracting, Inc.
PA- Kendal E. Partlow; J- William S. Thompson
*The Logan County resident says his one-month employment was ended in February 2011 by unlawful retaliatory discharge because he filed for and received Workers’ Compensation benefits following a work-related injury in Boone County. Johnston complains his injury on Feb. 7, 2011, prevented him from working, and when he contacted his employer approximately 10 days later to go back to the job, he was terminated. He says state common law and the Human Rights Act were violated, prompting him to seek jury judgment for lost wages and benefits; back and front pay; general and punitive damages; pre-judgment interest; court expense; and such further relief just and equitable.
Case number: 13-C-14

Jan. 28
Vanderbilt Mortgage & Finance, Inc. vs. Claude Hunter
PA- Jason S. Long, Denise M. Spatafore; J- William S. Thompson
*The Tennessee-based financial firm complains Hunter defaulted on his $23,930 retail installment contract on a 1998 manufactured home and wants assistance to repossess the unit as security interest collateral.
Case number: 13-C-16

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