CIVIL FILINGS: Boone County

by Harmon Marks |
Feb. 26, 2013, 12:59pm

Feb. 7
Grove Jerace vs. Brody Mining, LLC and Newhall Contracting, Inc.
PA- Pamela A. Lambert; J- William S. Thompson
* Logan County resident's personal injury suit alleges he was working keeping the continuous miner cable out of the way of other underground equipment when in February 2011, the roof bolter struck him, resulting in severe and permanent injuries. Jerace was employed by Newhall at Brady's mine near Wharton in Boone County. He accuses the defendants of failing to follow proper state and federal safety regulations and demands judgment, jointly and severally, for a jury award in excess of the court's minimum jurisdiction. Jerace also seeks pre- and post-judgment interest, court costs and all other relief deemed proper and just.
Case number: 13-C-25

Feb. 8
Corey Lovejoy and Connie Lovejoy vs. Caterpillar, Inc. and Cecil I. Walker Machinery Co.
PA- Edward G. Atkins; J- William S. Thompson
* Product liability suit alleges an October incident at Black Castle Mining Co. location in Boone County in which Lovejoy was using a lifting aid known as a "sling" on a bulldozer blade component. The complaint says Caterpillar manufactured the sling, which was distributed by Walker and used with a crane that separated, allowing the dozer to fall and cause injury to Lovejoy's right foot. Defendants are accused of furnishing and marketing a defective and dangerous sling. Lovejoy seeks jury judgment for an amount sufficient to compensate for his injuries, pre-judgment interest, and all court costs. His wife Connie also demands the same awards.
Case number: 13-C-26

Kimberly Stewart vs. Lowe's Home Centers, Inc. and Lowe's HIW, Inc.
PA- Matthew M. Hatfield; J- William S. Thompson
* Stewart brings personal injury suit because, as a customer at Lowe's South Charleston store in late March 2011, she was struck by a piece of fencing and/or lumber being loaded by a John Doe, she says. The Alum Creek resident claims she suffered serious and permanent bodily injuries because of "carelessness, recklessness and negligence." She seeks judgment, jointly and severally, for an amount in excess of court jurisdictional limits for compensatory, special and general damages, together with litigation expenses, pre- and post-judgment interest and just and proper further relief. Total amount awarded, under no circumstances, is not to reach or exceed the federal jurisdictional $75,000, the complaint requests.
Case number: 13-C-27

Feb. 12
Donna J. Moore vs. Boone County Board of Education and Vanessa D. Kinchen
PA- Marvin W. Masters, April D. Ferrebee; J- William S. Thompson
* Moore demands a jury trial to determine personal injury awards resulting from an alleged head-on collision with a school bus driven by Kinchen in March 2011 on Middle White Oak Road at Peytona. She charges defendants with "negligence, carelessness, recklessness and lack of due care" in causing the accident, leaving her with temporary and permanent injuries. Moore expects judgment for award in excess of jurisdictional amount, together with pre- and post-judgment interest, court costs and any other relief deemed just and fair.
Case number: 13-C-28

Feb. 14
Carlos Privett and Melinda Privett vs. Mine Safety Appliances Co., Persinger Supply Co., Raleigh Mine and Industrial Supply Co. and Eastern States Mine Supply Co.
PA- G. Todd Houck; J- William S. Thompson
* Hidden defects and inadequate warnings with use of respirators for protection against harmful dust are blamed for Privett developing the occupational disease known as "black lung." He worked approximately 42 years for numerous coal-producing companies that used respirators manufactured by MSA and marketed and distributed by co-defendants named in his product liability suit. The Beckley couple seek jury awards, jointly and severally, for compensatory damages, punitive damages only against MSA, court expenses, pre- and post-judgment interest and all further relief to which they're entitled. The complaint says Melinda Privett is entitled to recover damages for loss of affection, care, society, companionship and consortium.
Case number: 13-C-30

More News