WEST VIRGINIA RECORD

March 15
Permelynn of Westchester Inc. vs. Jumbo Buffet Sushi & Grill Corp., Shue Zheng, Kang Zheng, Fei Zheng, Yuan Shuan Zheng and Qiao Ling Zheng
PA- Scott Kaminski; J- David Sanders
* Plaintiff claims defendant owes at least $21,123.42 for past due credit agreement,
Case Number: 13-C-96

West Virginia Counties Group Self-Insurance vs. Robert “Bobby” Shirley, former Sheriff of Jefferson County, W. Va. in his official and individual capacities, and Mark Haines
PA- James C. Stebbins; J- David Sanders
* Plaintiff claims that on Dec. 27, Defendant Shirley was involved in apprehending Defendant Haines in a bank robbery. Haines alleged excessive force, common law assault and battery and intentional infliction of emotional distress among other charges. Shirley sought defense and indemnity in this case from Plaintiff. On Jan. 11, Shirley pled guilty to federal charges of deprivation of rights under the law in this case. Plaintiff alleges that “Expected or Intended Injury” Clause and “Fraud and Dishonesty” Clause in coverage void Shirley's claims. Plaintiff seeks declaration that it has no duty to continue defending Shirley or to indemnify Shirley and pay any damages.
Case Number: 13-C-97

March 19
Mark O. Harris, individually and as personal representative of the Estate of Patricia A. Harris, deceased, and Laura M. Ferguson, individually and as parent and next friend of B.M.H, a minor and T.M.F., a minor vs. Nationwide Mutual Insurance Company, Shannon Swartz, John or Jane Doe
PA- Laura C. Davis; J-David Sanders
* Plaintiff claims on Aug. 16, 2011 a vehicle driven by Ruben Gutierrez-Villegas crashed into a vehicle driven by Ferguson, killing Patricia Harris. Gutierrez-Villegas was not licensed to drive nor did he have permission to be in the vehicle he was driving. Death and damages exceed insufficient uninsured motorist per person in excess of $300,000. Plaintiff claims to have repeatedly notified Defendant of proceedings, however Nationwide sued Plaintiffs in attempt to force acceptance of a $50,000 limit, the suit says. Plaintiff alleges violations of WV Unfair Trade Practices Act and seeks compensatory and punitive damages and all other fees.
Case Number: 13-C-105

March 20
Tyrone Lester and Karen Tanner, individually and as Class Representatives vs. Home Depot USA Inc.
PA- David Hammer; J- David Sanders
* Plaintiffs allege that Defendant did not pay them their final wages after termination within a 72-hour time period. They further allege that it is the common practice of Defendant to pay on a regular pay schedule regardless of date of termination. Plaintiffs allege this is violation of WV Wage Payment and Collection Act and seek liquidated damages, interest and other fees for themselves and all others affected in class action suit.
Case Number: 13-C-106

Brett Miller vs. Randy R. Dean and Home Folk Transportation LLC
PA- Mark Jenkinson; J- David Sanders
* Plaintiff alleges that on April 1, 2011, Dean negligently operating a vehicle owned by Home Folk Transportation, causing injury resulting in medical damages to Defendant in excess of $10,000. Plaintiff seeks compensatory and punitive damages for actual amounts and for additional amounts to be determined at trial.
Case Number: 13-C-108

March 21
Scott Ebersole, Sr. vs. Alanna E. Reichardt, William A. Reichardt and Judith A. Reichardt
PA- Ronald Harman; J- David Sanders
* Plaintiff alleges that on March 28, 2011, he was involved in a vehicle accident caused by Alanna Riechardt. Plaintiff claims negligence on the part of Reichardt and claims medical damages in excess of $16,000 and lost wages in excess of $12,000. Plaintiff seeks compensatory and punitive damages for actual amounts and for additional amounts to be determined at trial.
Case Number: 13-C-109