CIVIL FILINGS: Berkeley County

By Toni L. Milbourne | Mar 15, 2013

Feb. 25
Danielle Hensell vs. Martinsburg-Berkeley County Parks and Recreation Board and City of Martinsburg
PA- James J. Matzureff; J- John Yoder
*Plaintiff claims that on July 17, 2011, while at McKee Pavilion in War Memorial Park, she stepped into a pothole and sustained serious and permanent injuries, including a fractured ankle. Plaintiff alleges defendant failed to exercise reasonable care to operate and maintain premises. Plaintiff seeks an amount in excess of what is limited by the court plus all costs.
Case Number: 13-C-157

Phyllis Vallejo vs. SunTrust Mortgage Inc.
PA- Garry G. Gefferts J- John Yoder
*Plaintiff claims the defendant is in violation of the West Virginia Consumer Credit and Protection Act and the West Virginia Unfair Debt Collections Act. Plaintiff seeks damages up to $74,999.
Case Number: 13-C-160

Feb. 28
Laura Shannon Hall, duly Appointed Personal Representative of the Estate of Lorena Beth Roberts vs. Steven E. Thompson and A&E Enterprises Inc. and Nan & Pop's Place
PA- Mark Jenkinson J- Gray Silver, III
*Plaintiff claims wrongful death in an April 14, 2011, motorcycle accident that killed Lorena Beth Roberts. Plaintiff claims negligence of Thompson as driver as well as other defendants for serving alcohol to an intoxicated individual. Plaintiff seeks compensatory and punitive damages in an amount to be determined as well as all costs and other fees.
Case Number: 13-C-162

March 1
Man Le Garrett, Krystal McLaughlin and Jane Roe, on behalf of themselves and all others similarly situated vs. TNA Enterprises LLC d/b/a Paradise City 2 and Warren Dellinger
PA- Garry G. Geffert; J- John Yoder
*Plaintiffs allege they all worked for defendant as exotic dancers and that Defendants failed to pay their wages. Plaintiffs also allege that they were required to pay Defendant cash percentage of tips from the variety of services performed. Plaintiffs allege violations of FLSA and WPCA and seek judgment and unpaid wage and statutory liquidated damages to each potential victim in a class action suit.
Case Number: 13-C-163 through 165

March 4
American Express Centurion Bank vs. Kathleen G. Corbin
PA- Paul S. Atkins; J- Christopher Wilkes
*Plaintiff alleges Defendant owes at least $54,216.91 for past due credit agreement.
Case Number: 13-C-167

March 8
Ronald L. Watson vs. Wal-Mart Stores East LP#1703 and James Alexander Moore, a Wal-Mart Employee
PA- Joseph R. Ferretti; J- Gray Silver, III
*Plaintiff alleges that on Aug. 15, 2011, while in a Wal-Mart store, he sought assistance for obtaining additional merchandise that was atop a high shelf. Plaintiff alleges that Defendant Moore climbed from a ladder onto the shelving units to reach items. Moore then fell and Plaintiff alleges he attempted to help catch Defendant when he fell, which resulted in injuries. Plaintiff alleges negligence of store and Moore to practice safety measures. Plaintiff alleges vicarious liability and seeks judgment for all damages and costs including substantial medical expenses.
Case Number: 13-C-180

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