CIVIL FILINGS: Kanawha County

by Kyla Asbury |
Jul. 11, 2013, 7:30am

June 14
Gloria Bautista, executrix of the Estate of Arthur William Bautista vs. 3M Company; A.W. Chesterton Company; Borg-Warner Corporation; et al.
PA- Bronwyn I. Rinehart; J- visiting
* Arthur Bautista was diagnosed with lung cancer on Aug. 25, 2011, from which he died on Nov. 7. Gloria Bautista claims the 49 defendants caused the lung injury. Gloria Bautista is seeking a jury trial to resolve all issues involved.
Case number: 13-C-1129

Richard P. Wade vs. 84 Lumber Company; A.O. Smith Corporation; A.R. Wilfley & Sons Inc.; et al.
PA- Brian A. Prim, Michael J. Gallucci; J- visiting
* Wade was diagnosed with lung cancer in June 2012. He claims the 154 defendants caused his lung injury. Wade is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 13-C-1132

Lisa Elmore, individually and as parent and next friend of B.S. and C.S., her minor children; and Jimmie Hutchinson vs. Christopher Looney; the Chapman Printing Company Inc.; and Champion Industries Inc.
PA- Brent K. Kesner; J- Louis H. Bloom, Paul Zakaib Jr.
* On June 29, 2011, Hutchinson was carefully and lawfully operating his 2011 Toyota Camry on MacCorkle Avenue in Charleston in which B.S. and C.S. were passengers in. Hutchinson was lawfully stopped at a traffic light when Looney, who was employed by Chapman and/or Champion, struck his vehicle, the suit claims. Hutchinson is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-1133, 11-C-1134

Leslie Equipment Co. vs. Hi-Tech Construction Co.
PA- Jason S. Hammond, Betsy L. Stewart; J- Louis H. Bloom
* From approximately 2012 through the present, Hi-Tech entered into an equipment rental agreement with Leslie and the defendant agreed to pay for the rental of a machine. As of May 3, the defendant has incurred an account balance in the amount of $12,934.24, the suit says. Leslie is seeking judgment in the amount of at least $12,934.24, plus continuing pre- and post-judgment interest.
Case number: 13-C-1136

June 17
Harold Pannell and Empire Electric Inc. vs. TL TEK LLC and Teaming Partnership
PA- Charles E. Hurt; J- Louis H. Bloom
* In February and March 2006, TL TEK entered into various contracts with Alan Ives Construction and Vista View Apartments for the construction of siding, roofing, gutters, drywall, stair landings and concrete generator pad in the total amount of $325,381.85. TL TEK contracted the plaintiffs to perform the construction work. The plaintiffs claim the defendants breached their agreements. The plaintiffs are seeking damages in the sum of $216,921.24 with interest.
Case number: 13-C-1142

June 18
James L. Cabell vs. Garrett Tire Corp.
PA- Nicholas S. Preservati, Sarah Ghiz Korwan; J- Jennifer Bailey
* On Dec. 8, 2010, and Jan. 5, 2011, Cabell and Garrett entered into agreements wherein Cabell paid $11,800 and $15,919.77 and Garrett agreed to repay the total amount. Cabell claims Garrett has only paid $2,600 of the amount due. Cabell is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-1152

June 19
Homer A. Hopkins vs. Westwood Mining Co. Inc.
PA- Stephen L. Thompson, Karl K. Kindig; J- Carrie Webster
* Hopkins and Westwood entered into an agreement on Jan. 2, 1990, in which Westwood agreed to pay Hopkins 50 cents for each ton of coal mined, removed and sold from the premises in an arms-length transaction to pay Hopkins on the 20th day of each month. On May 3, Edward A. Asbury, the president of Westwood, contacted Hopkins and informed him that Westwood had no obligations under the agreement, the suit says. Hopkins is seeking compensatory damages.
Case number: 13-C-1159

Henry Martin vs. Neiswonger & White Law Offices; and David C. White, individually and as an employee of Neiswonger & White Law Offices
PA- Scott H. Kaminski, Daniel M. Balgo; J- Jennifer Bailey
* Martin was a plaintiff in a lawsuit in 2009 against the West Virginia Racing Commission. He claims he relied upon the defendants to properly and diligently pursue and litigate the matter, but the defendants took no steps to prosecute the lawsuit they had filed on Martin's behalf and the case was dismissed on Aug. 10, 2011. Martin is seeking compensatory damages with pre- and post-judgment interest.
Case number: 13-C-1161




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