CIVIL FILINGS: Kanawha County

By Kyla Asbury | Mar 29, 2013

March 12
Jay Lawrence Smith vs. Col. Jay Smithers, in his capacity as Superintendent of the West Virginia State Police; and the West Virginia State Police
PA- pro se; J- Charles E. King
* Smith filed a Freedom of Information Act request with the defendants on June 26. He claims the defendants have deliberately and intentionally "played a game of keep away" with him, as well as the public, regarding the settlement of a civil rights lawsuit. Smith is seeking for the court to declare the defendants' refusal to disclose the records request unlawful; grant injunctive relief, enjoining the defendants from withholding records without justification and ordering production to Smith of records improperly withheld; and grant a permanent injunction requiring the defendants to undergo training for better understanding of West Virginia code. Smith is a freelance writer for the West Virginia Record.
Case number: 13-C-484

Joshua Price vs. Nissan Motors America Inc. and C&O Motors Inc.
PA- Michael L. Glasser; J- Tod J. Kaufman
* On July 9, 2009, Price purchased a new Nissan Cube from the defendants. He claims the vehicle was defective. Price is seeking compensatory damages.
Case number: 13-C-486

Simone Husson vs. the Estate of Joe Tummons
PA- G. Nicholas Casey Jr., Sang Ah Koh; J- Louis H. Bloom
* Tummons was the lessee of commercial property owned by Husson. She claims Tummons failed to pay rent in January, February and March and owed $3,600 for rent when he died on March 7. Husson is seeking immediate possession of the property, termination of the lease agreement and $3,600 for rent that remains due and owing.
Case number: 13-C-487

St. Albans Center II LLC vs. Whanger Health & Fitness LLC
PA- John P. Fuller, Betsy L. Stewart; J- Charles E. King
* St. Albans Center II claims Whanger has continuously breached its monetary contractual obligations and owes $20,033.51 in arrears in rent, fees and interest. St. Albans Center II is seeking judgment in the amount of $20,033.51 with pre- and post-judgment interest.
Case number: 13-C-489

March 13
Josephine Jackson and Randy Jackson vs. Prima Marketing LLC d/b/a Prima 7-11 and Prima 7-Eleven
PA- Michael L. Glasser; J- James C. Stucky
* On March 13, 2011, Josephine Jackson was a business invitee at one of the defendant's stores in Charleston. When she was attempting to exit the store, Josephine Jackson allegedly stepped in a hole in the parking lot and suffered a fracture to her left metatarsal and radial head. The Jacksons are seeking compensatory damages.
Case number: 13-C-492

March 14
John Stitt and Esther Stitt vs. U.S. Bank National Association
PA- Daniel T. Lattanzi, Jennifer Wagner, Bren J. Pomponio; J- James C. Stucky
* The Stitts claim the defendant repeatedly misrepresented amounts due on their account and assessed a variety of illegal fees to the account. The Stitts claim the defendant also refused to credit payments on the account by either returning payments or placing the payments in suspense. Rather than provide the Stitts with any assistance, the defendant allegedly ultimately chose to pursue foreclosure, in violation of their mortgage contract. The Stitts are seeking actual damages and civil penalties.
Case number: 13-C-500

March 15
Cynthia Majestro vs. Origins Granite of Charleston LLC
PA- J.C. Powell, James S. Nelson; J- Louis H. Bloom
* Majestro and the defendant engaged in numerous discussions about the installation of a new countertop in her residence. Majestro claims the defendant improperly installed the countertop and, despite several attempts to have the countertop fixed, the defendant failed to do so. Majestro is seeking compensatory damages.
Case number: 13-C-513

March 19
Jerry W. Sansom vs. Capital One Bank (USA), N.A.
PA- Robin L. Godfrey; J- Louis H. Bloom
* Sansom claims he was indebted to the defendant and hired a lawyer to represent him regarding the debts. Despite informing the defendant of his counsel, it has continued to attempt to collect the debt from him. Sansom is seeking compensatory and punitive damages.
Case number: 13-C-530

March 20
Sheila May Elkins vs. OneMain Financial Inc.
PA- Robin L. Godfrey, Brian R. Blickenstaff; J- James C. Stucky
* Elkins is indebted to the defendant and hired an attorney to represent her regarding the debts. She claims despite informing the defendant that she was being represented by counsel, the defendant continued to contact her. Elkins is seeking compensatory and punitive damages.
Case number: 13-C-531

Marcia R. Harrison vs. City of Charleston and Daniel Anderson
PA- Bernard E. Layne III; J- Carrie Webster
* On May 28, 2011, Harrison was operating a vehicle on Washington Street in Charleston when Anderson, who was operating a Charleston-owned Dodge Durango, allegedly failed to yiled the right-of-way and struck Harrison's vehicle. Harrison is seeking compensatory and punitive damages.
Case number: 13-C-535

Ohio Gratings Inc. vs. Power Plant Services Inc. and Roger Shafer
PA- Gerald M. Titus III, Megan E. McCullough; J- Tod J. Kaufman
* The defendants have allegedly failed and refused to timely pay any of the past-due unpaid balance on their account with Ohio since June. Ohio is seeking damages in the amount of $39,834.08 with pre- and post-judgment interest.
Case number: 13-C-536

March 21
Harley Snuffer and Carrie Snuffer vs. Chrysler Group LLC and Sheets Automotive Group LLC
PA- David L. Grubb, Cameron S. McKinney, D. Christopher Hedges; J- Charles E. King
* On Oct. 1, 2011, the Snuffers purchased a 2011 Jeep Wrangler from the defendants. They claim the vehicle was defecitve. The Snuffers are seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-537

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