West Virginia Record

Sunday, October 13, 2019

CIVIL FILINGS: Marshall County

By Denise Simpson | Jul 23, 2013

May 2
Arthur L. Niebergall, III vs. Ford Motor Company
PA- Ronald Wm Kasserman; J- Hummel
* Niebergall was the first owner of a 2004 Ford F550 truck with a 6.0 liter Power Strocke diesel engine. During the warranty period, this vehicle was subject to repairs and in 2004 required an injection pump and injection control pressure sensor replacement, he says. Ford had a duty to disclose the defective nature of the diesel engine and other mechanical complications, he says. Judgment is demanded for compensatory and punitive damages.
Case number: 13-C-80

May 3
Ricky Lee and Billie Yvonne Young vs. Discover Card
PA- Thomas E. McIntire; J- Karl
* About Jan. 7, Discover received a correspondence advising them the Youngs were represented by counsel, the suit says. Numerous calls to Plaintiff's residence were placed after receipt of their attorney's name and telephone number, it says. Unconscionable means to collect a debt by Defendants resulted in harassment to Plaintiffs, it says. This emotional distress is claimed as a violation of Code and proper judgment is sought.
Case number: 13-C-81

Eric T. and Sherie L. Barger vs. Collection Management Company, a/k/a Credit Management Company
PA- Thomas E. McIntire; J- Hummel
* Plaintiffs retained counsel to represent their interest in connection with consumer indebtedness on which they had become in arrears. CMC is said to be in violation of a request to cease and desist all correspondence to Plaintiffs. A record of such calls has been maintained stating the time and duration of the call, the suit says. This alleged violation of state law is claimed as the basis for general and punitive damages.
Case number: 13-C-82

Margaret Abrams vs. Comenity Bank
PA- Thomas E. McIntire; J- Karl
* Plaintiff retained counsel on July 9, 2012, to represent her interest in connection with consumer indebtedness on which she had become in arrears. Defendant continued to cause telephone calls to be placed to the residence of Abrams, the suit says. As a result of these actions, Plaintiff has been inconvenienced and distressed, she says. Damages for past and future violations of the WVCCPA is demanded.
Case number: 13-C-83

May 6
Carolyn Emery vs. Big Lots Stores, Inc. and Kathy Wesolowski
PA- Jeffrey A. Grove; J- Hummel
* Emery was employed by Defendant as an Associate Manager from 2006. Defendants are said to have actual knowledge of the existence of unsafe working conditions with the strong probability of serious injury or death. The employees were required to operate the skid jack but no actions were taken to repair or remedy unsafe working conditions, the suit says. On May 9, 2011, Plaintiff says she suffered significant injuries on the job site. Compensative and punitive damages are demanded in a trial by jury.
Case number: 13-C-84

May 15
Terrance Keller, Administratrix of the Estate of Brian DiVittorio vs. Ecologic Environmental Services, LLC; Trans Energy, Inc.; Republic Energy Ventures, LLC
PA- Clayton J. Fitzsimmons; Michael G. Simon; Nicholas Dittmar; J- Karl
* On Aug. 8, 2011, Divittorio was hauling petroleum-contaminated drill cuts from a well site in Marshall County to a landfill in Wetzel County. He lost control of the Ford he was driving because of defective brakes and drove the truck into a ditch, the suit says. Divittorio was pronounced dead at the scene. As a direct result of the conduct of Defendants, DiVittorio was wrongfully killed and his beneficiaries have been damaged, the suit says. Compensatory and punitive damages are sought in a trial by jury.
Case number: 13-C-85

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