West Virginia Record

Monday, October 14, 2019

CIVIL FILINGS: Marshall County

By Denise Simpson | Mar 8, 2013

Jan. 29
William Brooks, individually and on behalf of all others similarly situated vs. G4S Secure Solutions (USA) Inc.
PA- Yolonda G. Lambert; J- Hummel
* Defendant was discharged on Nov. 28, 2012, with other proposed class members from 2007 through 2012. Class members were allegedly not paid their wages and benefits in a timely manner. The members will not seek individual damages exceeding $75,000.
Case number: 13-C-16

Emil R. Nardone II vs. The Health Plan of the Upper Ohio Valley, Inc.
PA- Teresa C. Toriseva; J- Karl
* The case alleges rampant corruption among HMO's that forces patients into the traditional drug-therapy model of medicine. In early 2011, Defendant allegedly began withholding payment for chiropractic services. Defendant informed Plaintiff it is considered an "outlier of services" compared to other "peer" chiropractic providers, the suit says, and as such, Defendant was justified in withholding reimbursement for a variety of services provided by Plaintiff.
Case number: 13-C-17

Jan. 30
American Shale Development, Inc.; Prima Oil Company, Inc. and Republic Energy Ventures, LLC vs. Donald C. Lough; Hilda Taylor, et al
PA- Matthew F. Graves; J- Hummel
* This is a civil action to quiet title in the subject oil and gas property and require the partial allotment-in-kind and residue sale of the oil and gas underlying a certain tract of land, containing 119 acres located in Cameron District.
Case number: 13-C-20

Vincent J. King vs. Arthur D. Ruben, AXA Advisors, LLC, Bonita Love, et. al.
PA- Steven T. Taylor; Vincent J. King; J- Karl
* Plaintiff was admitted the State Bar in 1986. King says he participated in a term life insurance plan sponsored by the Bar. Premiums for coverage have been current and fully paid for 28 years, he says. About May 25, Defendant Ruben allegedly explained that a discrepancy existed between the cited rates and the previously contracted ones. He claimed the cited rates were correct and those in Plaintiff's policy were insufficient, the suit says. King demands the court find the rates, as set forth in the amendatory endorsement, contrary to the rates supplied by Defendants.
Case number: 13-C-21

Jan. 31
Hulda M. Cramer, Executrix of the Estate of Richard T. Cramer, deceased vs. Air & Liquid Corporation, et. al.
PA- R. Dean Hartley; Julie R. Magers; J- Hummel
* Richard Cramer was allegedly exposed to asbestos-containing products while employed at Mobay Chemical Company. He was diagnosed with malignant mesothelioma about Feb. 7, 2011, and died on July 26, 2011. Plaintiff brings this wrongful death action, for the benefit of her deceased husband's beneficiaries, to recover the damages incurred between the time of injury and death. Plaintiff demands judgment for compensatory and punitive damages in a jury trial.
Case number: 13-C-22

Feb. 1
James A. and Holly Hutchinson vs. The West Virginia Department of Transportation, Division of Highways
PA- Shane M. Mallett; J- Karl
* On Jan. 2, 2011, James Hutchinson was walking on Route 250 at the Jefferson Ave. Extension when he slipped and fell on broken concrete, the suit says. The unnamed bridge crossing at Little Grave Creek was allegedly unsafe with defective conditions. The aforesaid conditions caused Hutchinson serious and/or permanent injuries when he slipped and fell, the suit says. He claims compensatory and general damages for these injuries, along with loss of wages.
Case number: 13-C-23

Feb. 4
Bayer Heritage Federal Credit Union, a corporation vs. Dustin S. and Melissa S. Johnson
PA- Logan Hassig; J- Karl
* About April 25, 2007, Defendants allegedly borrowed the sum of $20,000 from Bayer Credit Union. The Johnsons have failed to remain current in payments and currently owe $10,236.01, plus interest from Jan. 31, the suit says. A demand is made for this amount, plus prejudgment interest of 8.25 percent.
Case number: 13-C-25

Chesapeake Appalachia, L.L.C. vs. Kanawha Stone Company, Inc., Kelly Survey, Vanderra Resources and John Does 1-5
PA- Jeffrey V. Mehalic; J- Hummel
* In 2009, Chesapeake decided to drill natural gas wells on the property known as the Ray Baker Site and hired Kanawha Stone, as its earthwork contractor, to construct the drilling pad at the site, the suit says. Immediately, problems developed when the fill slope failed, the suit says. The landslide was severe, which required the involvement of the U.S. EPA, resulting in violations being issued to Chesapeake, the suit says, and Chesapeake was required to submit stabilization plans to WVDEP and retain various contractors. Because of the extensive damage caused by the landslides, Chesapeake says it has been unable to complete its wells and operations.
Case number: 13-C-26

Feb. 11
Paull Associates Realty, LLC vs. Lexington Insurance Company
PA- Holly S. Planinsic; J- Hummel
* Paull purchased an insurance policy that provided professional liability coverage. On Jan. 26, 2012, Defendants were notified of a claim involving two of Paull's real estate agents. Eric Seuss, a claims examiner, allegedly represented that a preliminary coverage evaluation was being performed. Lexington denied coverage and a defense for the potential claim by letter dated Feb. 15, 2012. Plaintiff requests the court determine Defendant owes a duty to Defendant and indemnify with respect to the underlying claim and that Defendant has breached its duties to Plaintiff.
Case number: 13-C-28

Feb. 11
Melissa Gilbert vs. KATKO, a foreign corporation
PA¬¬- Cameron S. McKinney; J- Karl
* Plaintiff claims she was subjected to a hostile work environment, retaliated against and discharged because she is female. Gilbert states there were no restroom facilities at the work sites and she had no choice but to relieve herself in the open, with little opportunity for privacy. On Aug. 19, 2011, Matt Beatty positioned himself atop a bulldozer to view Plaintiff while she urinated, yelling lewd and offensive words at Gilbert and approaching her with clenched fists, the suit says. Courtney Gummer contacted Plaintiff and told her she was "fired for an argument with Matt,” the suit says, and Beattywas not fired.
Case number: 13-C-29

Feb. 15
Tari Wilson vs. Diana Wilfong and Vaun E. Miller
PA- Daniel M. Balgo; J- Hummel
* On Aug. 3, 2011, Plaintiff was the driver of a vehicle on Route 2 in front of John Marshall High School. Wilfong operated a vehicle that was struck from behind, then struck another vehicle driven by Miller, which in turn struck the vehicle Wilson was operating, the suit says. Wilson says she was injured and continues to experience significant pain.
Case number: 13-C-34

Feb. 20
Everett H. and Brenda F. Simmons vs. Gregory West, Sr. and Nikki West, parents, guardians, and next friends of Gregory West, a minor
PA- Michelle Lee Dougherty; J- Karl
* On April 11, 2011, Hartford issued a settlement check payable to the law offices of Neiswonger & White, forwarding along a Release and Settlement of Claim, the suit claims. To date, Defendants have failed to return or execute said Release, the suit claims. Plaintiffs demand judgment to enforce the settlement allegedly entered between Plaintiffs and Defendants.
Case number: 13-C-35

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