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WEST VIRGINIA RECORD

Thursday, April 25, 2024

CIVIL FILINGS: Kanawha County

April 12
Kenneth Bevins and Victoria Bevins vs. Apogee Coal Company LLC
PA- J. Michael Ranson, Cynthia M. Ranson; J- Carrie Webster
* Kenneth Bevins was employed by Apogee from March 2003 until Oct. 8. On Oct. 8, Kenneth Bevins was seriously injured while operating a dump truck during the course of his employment, he says. The Bevinses claim the defendant created an unsafe working environment and caused Kenneth Bevins to suffer injuries. They are seeking compensatory and punitive damages.
Case number: 13-C-708

James Felts, by and through his wife, Faye Felts vs. AMFM LLC; Commercial Holdings Inc. k/n/a Commercial Holdings LLC; Integrated Commercial Enterprises Inc.; Manzanita Holdings LLC; Manzanita Management Inc.; Lifetree LLC; Wisteria LLC; McDowell Nursing & Rehabilitation Center LLC d/b/a McDowell Nursing & Rehabilitation Center; Sheila Stewart; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to McDowell Nursing & Rehabilitation Center)
PA- James B. McHugh, Michael J. Fuller Jr.; J- Louis H. Bloom
* James Felts was admitted to McDowell on Dec. 6, 2007. Faye Felts claims her husband has suffered pressure sores, infections and malnutrition during his residency. Faye Felts is seeking compensatory and punitive damages.
Case number: 13-C-712

Natalie Rose Hudnall vs. Respiratory Therapy Services LLC d/b/a Elana Health
PA- D. Adrian Hoosier II; J- Carrie Webster
* Hudnall was employed by the defendant until May 7. She claims her employment was terminated despite the fact that she was on medical leave because she had been diagnosed with breast cancer. Hudnall is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-719

Joyce Summer vs. Rish Equipment Company
PA- D. Adrian Hoosier II; J- James C. Stucky
* Summer was employed by Rish for nearly 30 years and claims her employment was terminated in April 2012 and she was replaced with a younger employee. Summer is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-721

Joanne M. Herrington, individually and as executor of the Estate of Curtis E. Herrington vs. Bank of America N.A.
PA- Sarah K. Brown, Bren J. Pomponio, Daniel F. Hedges; J- Charles E. King
* Joanne Herrington claims Bank of America participated in predatory lending practices that caused her recently deceased husband damages. Joanne Herrington is seeking actual damages and civil penalties.
Case number: 13-C-722

April 15
Terence P. Myers vs. Shaner Hotel Holdings Limited Partnership d/b/a Holiday Inn Express
PA- JB Akers, S. Ramani Pillai; J- Paul Zakaib Jr.
* On April 28, 2011, Myers was a guest at the defendant's hotel when he says he fell on an uneven set of stairs and suffered injuries. Myers is seeking compensatory damages.
Case number: 13-C-727

Branden A. Baldwin vs. Aetna Building Maintenance Inc.
PA- J. Michael Ranson, Cynthia M. Ranson, G. Patrick Jacobs; J- Tod J. Kaufman
* Baldwin was employed by the defendant from May 1 until Jan. 10. He claims the defendant failed to pay his final wages within 72 hours of discharge.
Case number: 13-C-732

Robert M. Starcher and Elizabeth A. Starcher vs. Wells Fargo Bank N.A. d/b/a Wells Fargo Home Mortgage Inc.; Bestitle Agency Inc.; and U.S. Bank National Association
PA- D. Christopher Hedges, David L. Grubb, Kristina Thomas Whiteaker, Jennifer S. Wagner; J- Louis H. Bloom
* The Starchers claim the defendants participated in predatory lending practices and caused them damages. The Starchers are seeking actual damages and civil penalties with pre- and post-judgment interest.
Case number: 13-C-734

April 16
Roger L. Justice and Patty G. Justice vs. Bank of America N.A. and Specialized Loan Services LLC
PA- Anthony J. Majestro; J- Carrie Webster
* The Justices obtained financing through Countrywide Home Loans in 2007 and the loan was assigned, sold or transferred to Bank of America in 2009. The plaintiffs claim Bank of America began charging them for a Privacy Assist Premier Service without their authorization and they began receiving collection calls in 2010 regarding an alleged delinquency. In 2011, the plaintiffs say they also received collection calls from Specialized Loan Services and informed both defendants of their representation by counsel. Despite this, the defendants have issued a Notice of Intent to Foreclose, the suit says. The Justices are seeking actual damages and civil penalties.
Case number: 13-C-727

Gary Kessell and Sandra Kessell vs. Safeco Insurance Company of America
PA- Anthony J. Majestro; J- Charles E. King
* The Kessells had a homeowners insurance policy with Safeco and while the policy was in effect, they incurred the loss of their free-standing garage as a result of a fire on Nov. 2. The Kessells claim Safeco failed to offer their policy limits of their coverage and/or an amount necessary to the estimates to rebuild the garage. The Kessells are seeking compensatory and punitive damages.
Case number: 13-C-738

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