West Virginia Record -

McGraw's spin doctor: The nanny named Fran!

Fri, 10 Feb 2012 14:00:00 CST

"She's the lady in red when everybody else is wearing tan! ... The flashy girl from Flushing, the nanny named Fran!" -- The Nanny

Fran Hughes is not from Flushing, New York, but she is kind of flashy, and she has served as a sort of nanny � for her boss, State Attorney General Darrell McGraw.

As his chief deputy, Hughes frequently tries to help McGraw out of jams, though not always successfully.

When Darrell won million-dollar settlements with pharmaceutical companies, Hughes figured out how to finagle the Feds out of its portion of the proceeds. It was a neat trick, but the Feds got its share anyway by withholding Medicaid payments to West Virginia.

Now that McGraw is facing a serious challenger in his bid to win a sixth consecutive term as our state's top law enforcement officer, the nanny named Fran is determined to defend him against criticism of his performance.

Once again, however, the nanny may be offering too much help.

McGraw's challenger, Harpers Ferry Republican Patrick Morrisey, has turned the spotlight on McGraw's business-bashing, self-aggrandizing tactics and promised "to turn the state's legal climate around and champion strong ethics reform."

The Jan. 31 edition of the Charleston Daily Mail featured Hughes' frantic efforts to return fire at her boss's rival.

"He's going to have to respond to why he thinks he should be attorney general when he's never worked in West Virginia," the nanny said about Morrisey -- blurring the lines between state employee and campaign spin doctor.

"One of our top areas of focus will be ensuring that taxpayer monies are not used as an extension of the AG's campaign," Morrisey responded. "Whether this involves taxpayer-funded commercials touting the incumbent or the amount of time government employees spend in a campaign capacity, West Virginians deserve to know what goes on within that office and figure out the best way to clean it up."

Ouch! Poor McGraw might need a new nanny.

W.Va. high court says city can't be sued for injuries at trash station

Fri, 10 Feb 2012 08:45:00 CST

Ketchum

CHARLESTON - The West Virginia Supreme Court of Appeals, in a ruling last month, said the city of Buckhannon could not be sued for a man's injuries that resulted from unloading garbage at the city's transfer station.

The city owned and operated a solid waste disposal complex in Upshur County.

Although it did not include a refuse dump or sanitary landfill, the city maintained a transfer station at the complex for the collection of trash. The trash was then transported to an out-of-county dump.

On Jan. 4, 2008, Steven M. Posey was unloading trash bags and other material at the transfer station when he fell from the tailgate of his pickup truck and slide 18 feet down an open pit.

His injuries included various fractures, a head laceration and a compression of the spine. His medical expenses exceeded $112,000.

In November 2009, Posey filed a lawsuit in Upshur County Circuit Court against the city of Buckhannon. He alleged the city was negligent in failing to provide assistance to individuals depositing trash at the transfer station and in failing to erect protective barriers along the exposed sides of the open pit.

In response, the city filed a motion to dismiss, alleging that it was entitled to immunity from liability under the West Virginia Governmental Tort Claims and Insurance Reform Act.

The act's purposes "are to limit liability of political subdivisions and provide immunity to political subdivisions in certain instances and to regulate the costs and coverage of insurance available to political subdivisions for such liability."

More specifically, "a political subdivision is immune from liability if a loss or claim results from... the operation of dumps, sanitary landfills, and facilities where conducted directly by a political subdivision."

Following a hearing, the circuit court granted the city's motion and dismissed Posey's complaint. Posey then filed an appeal with the state's high court.

The Court, in its Jan. 27 opinion, affirmed the lower court's ruling. Chief Justice Menis Ketchum authored the 11-page decision.

At issue, he explained, is whether a transfer station conducted directly by a political subdivision -- in this case, the city of Buckhannon -- as a temporary collection site for solid waste to be transported to a dump or sanitary landfill, constitutes a "facility" within the meaning of the immunity provisions in state code.

Posey contended that since the transfer stations only receive solid waste on a temporary basis, they are distinguishable from dumps and sanitary landfills where solid waste is permanently stored. Therefore, transfer stations are not facilities within the meaning of state code.

He also asserted that transfer stations constitute facilities under that statutory section if they are located "on and operated in connection with" a dump or sanitary landfill -- that is, if the city of Buckhannon's transfer station had been physically located on and operated in connection with a dump or landfill, it would have had immunity from liability in this case.

Posey pointed to the case of Calabrese v. City of Charleston.

However, nothing in Calabrese addresses immunity in the context of transfer stations, Ketchum said.

"In that regard, the following comment by the circuit court in the current matter is persuasive: 'It is both impractical and illogical to read Calabrese as applied to the facts underlying plaintiffs' claim in this action, to unnecessarily restrict the immunity conferred by West Virginia Code Section 29-12A-5(a)(16) to facilities located on the site of a dump or landfill,'" the chief justice wrote.

The Court also pointed to a copy of the city's Solid Waste Transfer Station Permit, which states that the permit for the station was issued, in part, pursuant to the West Virginia Solid Waste Management Act.

The act associates facilities, landfills and transfer stations together within the definition of solid waste facility.

The provision, Ketchum explained, contemplates both the processing and disposing of solid waste within the definition, "thereby depriving of significance the distinction between the temporary and permanent storing of solid waste for purposes of immunity considerations."

The Court said the circuit court properly determined that the phrase, "and facilities," was meant by the state Legislature to include a landfill-related and/or a dump-related facility, such as the city of Buckhannon's transfer station.

Davis proud of accomplishments, record

Fri, 10 Feb 2012 08:00:00 CST

Davis

Editor's Note: In the coming weeks, The West Virginia Record will profile candidates in this year's election for the West Virginia Supreme Court of Appeals and for state Attorney General.

CHARLESTON -- Regardless of how many people are running for the two state Supreme Court seats up for grabs this year, Justice Robin Jean Davis is focused on keeping hers.

"Let me be clear -- I'm running my race," she said. "And I will win my race. Whatever happens with the others, it is what is.

"I can't think about the other people in the race. I have to think about my race."

Davis, who was first elected to the Court in 1996 to an unexpired term and re-elected to her current 12-year term in 2000, said she plans to run on her record of service.

"I think you can ask anybody," she said. "My record speaks for itself. I have respect from all sides ... business, labor. Everybody knows I call them right down the line as I see them. I have a ton of experience, and I have the experience of leading this court as Chief Justice five times."

She also said she is proud of her innovative ideas that she has helped manage during her time on the Court.

"I'm especially pleased with how the Revised Rules for Appellate Procedure have gone," she said. "Because of the new rules, there is no need for an intermediate appellate court, and that has saved the state millions and millions of dollars.

"But I'm also proud of the other programs we've started while I've been here."

Those include initiatives she started in her previous terms as Chief Justice, especially ones involving children and families that have allowed the Judicial Branch to remain current with the constant changes in technology. These include the Workers' Compensation Mediation Program; the expansion of parent education programs; Rules on Mass Litigation; the expansion of courtroom technology, including the video initial appearance pilot project; the creation of the West Virginia Trial Court Rules; the establishment of an online Child Abuse and Neglect database; and additions to legal rules governing child abuse and neglect proceedings.

Davis also is pleased with how the Court is working right now.

"Our Court is in a wonderful place right now," she said. "We're extremely stable, we work well together. I don't want to go back to the days where there was a lot of division.

"The court is transparent. The Court as a whole has garnered respect from the whole state for being stable, respectable to each other and to the law of our state. I think it's important that the stability stays here."

Davis, 55, was born in Boone County. She is married to Charleston attorney Scott Segal, and they have one son, Oliver. She graduated from West Virginia Wesleyan College in 1978, and she earned her master's and law degree from West Virginia University in 1982.

She was in private practice from 1982 to 1996 when she joined the state Supreme Court. She now is the most senior member of the Court.

Davis is running in the Democratic primary against Charleston attorney Tish Chafin, circuit judges J.D. Beane and Jim Rowe, current state Supreme Court law clerk Louis Palmer and New Martinsville attorney H. John "Buck" Rogers.

Circuit Judge John Yoder and current state Supreme Court law clerk Allen Loughry are the Republicans running.

The primary election is May 8, and the general election is Nov. 6.

Court places Logan lawyer on indefinite suspension

Fri, 10 Feb 2012 07:45:00 CST

CHARLESTON � As a result of failing to communicate with several of his clients, a Logan County attorney will have to put his practice on hold for at least the next two years.

The state Supreme Court on Jan. 26 ordered the indefinite suspension of Michael A. Esposito. However, the Court's order stated Esposito, 53, a sole practitioner in Logan, could return to the practice of law as early as 2014 if he meets several conditions.

Among those were undergoing a psychiatric evaluation, and following the treatment recommendations, take an additional 12 hours of continuing legal education in the area of ethics and make restitution of $5,000 and $1,900 to Robert D. Wise and Ronald Booth, respectively. Wise and Booth filed separate ethics complaints against Esposito in 2009 saying he failed to keep them updated on the progress of their cases.

In his complaint filed June 18, Donnie Wise, Robert's father, alleged both made multiple inquiries with Esposito of the work he performed in Robert's child support case that was filed in Aug. 2006, and later dismissed on Oct. 23, 2007. Together, the Wises paid Esposito $5,000.

In December 2008, and on multiple occasions between January and May 2009, Donnie was able to contact Esposito who each time said he was "reviewing the matter" and would get back in touch with either he or Robert with an itemized statement of his work. When none was forthcoming, Donnie filed his complaint.

A week following Wise's complaint, Booth filed his against Esposito. In it, he says he fired Esposito after he was unable to reach him for two years about the status of his unspecified civil case, and wanted a refund of $1,900.

In November 2009, Esposito appeared several times in Charleston to the Office of Disciplinary Counsel to respond to both complaints. Each time, he asked for a continuance stating a variety of reasons including his inability to bring the client files due to the electricity in his office being turned off.

When Esposito failed to make a supplemental response to the ethics complaints, and provide ODC his files on Wise and Booth after he was served with a subpoena dues tecum on July 16, 2010, the Lawyer Disciplinary Board on Nov. 3 filed a two-count statement of charges accusing him of nine violations of Rules of Professional Conduct. Among the Rules Esposito was accused of violating where those dealing with diligence, communication, safekeeping of property and failing to respond to an ethics inquiry.

A statement of charges acts as an indictment for disciplinary purposes.

About a month later, a second statement of charges was filed against Esposito. This time, he was charged with seven Rules violations stemming from his lack of communication with Retonda L. Dingess and Melissa Curtis in their respective personal injury cases.

Records show, Dingess and Curtis filed their complaints on Sept. 13 and Oct. 5, 2010. When Esposito failed to respond to ODC's repeated inquiries including a subpoena dues tecum on the heels of Wise and Booth's case, the Board filed the second statement of charges.

Despite separate disciplinary recommendations by the Board's Hearing Panel Subcommittee for Esposito on each statement, the Court's order encompassed both. Along with the conditions it set forth for him returning the practice of law, the Court ordered Esposito's practice to be supervised for two years following his reinstatement, and he pay of the costs of the disciplinary proceeding.

According to the state Bar, Esposito was first admitted on May 17, 1983.

West Virginia Supreme Court of Appeals case numbers 35724 (Wise and Booth) and 10-4018 (Dingess and Curtis)

CIVIL FILINGS: Kanawha County

Fri, 10 Feb 2012 07:30:00 CST

Jan. 11
Nichole Elizabeth Schleider vs. Soho's Enterprises, LLC d/b/a Soho's at Capitol Market
PA- Thomas F. Basile; J- Tod J. Kaufman
* In May 2009 Schleider became pregnant with her third child while she was employed by the defendant. She claims when she began showing signs that she was pregnant, Sharon Sohovich, the manager at Soho's, began to pressure her to quit her job because she did not want her to work around customers in a pregnant condition. Schleider claims she refused and on Dec. 1, 2009, she began her maternity leave. On Feb. 13, 2010, Sohovich informed Schleider that she had no work available for her to return and that she would not in the future, according to the suit. Schleider claims despite this, Sohovich rehired a male employee. Schleider is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-75

Jan. 20
Norma Jean Keener vs. A.W. Chesterton Company, Inc.; Allied Glove Corporation; Cleaver Brooks Company; et al
PA- Bronwyn I. Rinehart, Victoria L. Antion, Scott A. McGee; J- visiting
* The Fairmont woman claims the 30 defendants are responsible for her lung cancer. She is seeking a jury trial to resolve all issues involved.
Case number: 12-C-144

Jan. 23
Christine Dickson vs. West Virginia-American Water Company
PA- Shannon M. Bland; J- Charles E. King
* On Jan. 23, 2010, Dickson's home caught fire and the Charleston Fire Department was alerted and responded to the scene. Dickson claims upon responding to the house fire, the fire department was initially not able to locate the fire hydrant in the area because it was overgrown with weeds and brush and not readily visible from the street. Once the hydrant was located, the fire department accessed the hydrant, however, the hydrant did not have adequate pressure or volume of water to allow the fire fighters to attempt to control the blaze or in any way adequately minimize Dickson's loss. Dickson is seeking compensatory damages.
Case number: 12-C-160

Jan. 26
Leslie Casdorph vs. West Virginia Cashin Recyclables, Inc. and Jeff Baird
PA- Paul M. Stroebel; J- Paul Zakaib Jr.
* Casdorph claims during her employment with West Virginia Cashin Recyclables, Baird subjected her to unwelcome sexual remarks, physical contact and physical advances. In January, Casdorph claims she asked to be laid off work and did not return to her employment because of the hostile work environment. Casdorph is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-180

Jan. 27
Dora Holliday vs. BCJ Properties, LLC
PA- Trent A. Redman, Michael D. Payne; J- Jennifer Bailey
* On Feb. 5, 2010, Holliday slipped and fell on the defendant's property. Holliday claims the defendant negligently allowed the lighting equipment in the common area to fall into disrepair, which caused her to slip and fall. Holliday is seeking compensatory damages with pre- and post-judgment interest.
Case number: 12-C-193

Jan. 30
Paul Yeager vs. Handi Man Car Wash, Inc. and Tammy Ray
PA- Richard J. Lindroth; J- Paul Zakaib Jr.
* On Jan. 3, 2009, Yeager took his vehicle to the defendants and paid $13 to have the car washed. He claims after his car exited the car wash bay it was still very dirty, including several obvious dirt spots on the side panels of the vehicle. When he remarked to the employees of the car wash about the dirt remaining on the vehicle, they agreed the vehicle was still not very clean. At that point, Yeager politely asked the workers to cease drying the vehicle by hand because they were rubbing the dirt on the car across the surface of the paint, which was making visible scratches, according to the suit. Yeager claims Ray instructed the workers to continue drying the vehicle and stop talking to him. He claims Ray informed him that "if he wanted his car clean, he should have paid for a detail job, not a wash job," and further scratched his car by drying it with a towel. Yeager is seeking compensatory and punitive damages.
Case number: 12-C-194

Jan. 31
Rhonda Wheeler vs. PJ's Preschool & Daycare, LLC f/k/a PJ's Preschool & Daycare and Haircare, LLC d/b/a PJ's Fitness Center
PA- Tanya Hunt Handley; J- Tod J. Kaufman
* On Feb. 1, 2010, Wheeler attended an aquatic Zumba class on the defendant's premises. She claims after participating in the class, she slipped and fell in the women's locker room due to the unsafe condition of the floor. She is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-203

Feb. 1
Bobbi K. Glock vs. Bob Evans Farms, Inc.; Store No. 24; Cory Pope, store manager; and Arrow Uniform-Taylor, LLC
PA- J. Timothy DiPiero; J- Jennifer Bailey
* On Dec. 21, 2009, Glock was injured when she tripped on an upturned edge of a mat on the defendants' premises. Glock is seeking compensatory damages.
Case number: 12-C-209

Roger Hall d/b/a Hall's Kitchens vs. Formica Corporation
PA- April D. Ferrebee; J- Tod J. Kaufman
* Hall purchased solid surface countertop materials from the defendant and installed the solid surface countertop on Feb. 1, 2002. He claims the countertop has cracked several times. Hall is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-212

Linda Ferrell vs. Nexus Athletic Clubs, Inc.
PA- Michael L. Myers; J- Louis H. Bloom
* On Feb. 1, 2010, Ferrell was injured while going through testing procedures at Nexus Athletic Clubs. Ferrell is seeking compensatory damages.
Case number: 12-C-213

Feb. 2
Jenny Workman vs. Go-Mart, Inc. d/b/a Go-Mart Food Stores
PA- Cynthia E. Evans; J- Jennifer Bailey
* On Feb. 7, 2010, Workman slipped on a patch of ice and fell while attempting to get gasoline. Workman is seeking compensatory and punitive damages.
Case number: 12-C-218

Mary Davis, individually and as executrix of the Estate of Jack Colvin Davis vs. A.K. Steel Corporation; A.W. Chesterton Company; Amdura Corporation; et al
PA- Bronwyn I. Rinehart, Victoria L. Antion, Scott A. McGee; J- visiting
* The Greenup, Ky., woman claims the 49 defendants are responsible for her husband's lung cancer and death. She is seeking a jury trial to resolve all issues involved.
Case number: 12-C-221

Feb. 3
Ella L. Shrewsberry, as administratrix of the Estate of James F. Moles vs. Voca Corporation of West Virginia, Inc. d/b/a Rescare Home Care-Princeton Agency; and Res-care, Inc.
PA- Jonathan R. Mani, Bernard E. Layne III; J- Jennifer Bailey
* On March 26, 2010, Moles was fed a hot dog for lunch by the staff of Valley View Group Home and choked on pieces of the hot dog and went into cardiac arrest. Shrewsberry claims he died as a result of choking on the hot dog. Shrewsberry is seeking compensatory and punitive damages with pre- and post-judgment interest.
Case number: 12-C-225

CIVIL FILINGS: Putnam County

Fri, 10 Feb 2012 07:25:00 CST

Feb. 3
Chris Slemp and Samantha Slemp vs. Select Energy Services LLC
PA-Harvey Peyton; J-Holliday
* On July 24, 2011, near Morgantown, the defendant company failed to secure a drilling apparatus to a service truck. Part of the drilling apparatus fell onto Interstate 68 and hit plaintiff's brand new 2011 Toyota Rav 4. Chris Slemp and his son were in the car headed to Lake Erie for a fishing vacation. The car sustained damages in excess of $1,600, and the Slemps had significant aggravation, annoyance and inconvenience as a result of the expenses. In October, defendants offered to pay $1,638.28 to settle. Plaintiffs refused, seeking other damages in addition to the monetary ones. They now also seek compensatory damages, as well as attorney fees and money for credit card expenses associated with the accident.
Case number: 12-C-28

Feb. 6
The Ray Group LLC vs. Huntington Controls Inc.
PA-Spencer D. Elliott; J-Stowers
* Plaintiff signed a contract Sept. 22, 2008, and agreed to locate employment candidates for the defendant, which is apparently based in Massachusetts. After hiring one of the candidates the plaintiff found, the defendant was supposed to pay it 30 percent of that person's first-year compensation. It says the defendant failed to do that. It seeks $23,337.60 for that.
Case number: 12-C-31

CIVIL FILINGS: Cabell County

Fri, 10 Feb 2012 07:20:00 CST

Feb. 1
Ralph Barcus vs. Kia Motors America, Inc.
PA- W. Michael Frazier; J- David M. Pancake
* On July 30, 2009, Barcus purchased a 2009 Kia Spectra EX from the defendant. He claims the vehicle was defective. Barcus is seeking revocation of acceptance and refund of the purchase price of the vehicle; repair costs; and damages for annoyance and inconvenience.
Case number: 12-C-74

Feb. 6
Michael P. Wentz vs. Cabell Glass Company, Inc.
PA- Ricklin Brown, Mary Pat Statler; J- David M. Pancake
* Wentz was employed by the defendant from 2005 until Feb. 18, 2011. He claims the defendant failed to pay his final wages within 72 hours of discharge. Wentz is seeking compensatory damages.
Case number: 12-C-82

Feb. 7
Donald L. Sammons vs. Habitat for Humanity of West Virginia, Inc. d/b/a Huntington WV Area Habitat for Humanity ReStore
PA- Paul A. Ryker; J- Paul T. Farrell
* On Feb. 18, 2010, Sammons was injured on the defendant's property. Sammons is seeking compensatory damages with pre-judgment interest.
Case number: 12-C-86

CIVIL FILINGS: Berkeley County

Fri, 10 Feb 2012 07:15:00 CST

Jan. 18
Joseph A. VanRensselaer and Mandy R. King vs. HSBC Bank Nevada, NA
PA-Sarah Hinkle; J-Christopher Wilkes
* Plaintiff claims defendant violated West Virginia Consumer Credit & Protection Act. Seeks up to $74,999.99.
Case number: 12-C-32

Charles H. Lucas vs. Eastern Regional Jail
PA-Pro Se; J-Gina Groh
* Plaintiff claims that while an inmate of ERJ he was the recipient of physical abuse. Plaintiff seeks $50 million for ERJ's failure to provide protection from violence, failure to provide medical care and discrimination.
Case number: 12-C-34

Jan. 20
Pam McDonald vs. United Way of Eastern Panhandle d/b/a Healthy Smiles of Eastern Panhandle and Dana Wright, DDS
PA-Barry J. Nace; J-Gina Groh
* Plaintiff claims that on or about June 26, 2009, she visited Mission of Mercy Dental Clinic at Hedgesville High School. On Oct. 9, 2009, she was diagnosed with hepatitis B. Plaintiff claims medical negligence at the MOM clinic resulting in the medical diagnosis. Plaintiff seeks judgment to be awarded at trial.
Case number: 12-C-37

Jan. 23
Kevin Pittsnogle vs. Kenneth L. Ford
PA: Christopher D. Janelle; J-Gray Silver, III
* Plaintiff claims he hired defendant as his attorney in a paternity suit but that defendant did not complete the work. Plaintiff claims breach of contract, negligence, attorney malpractice and fraud. Plaintiff seeks damages to be determined at trial.
Case number: 12-C-39

Jan. 24
Joseph Friend vs. ReMac America, Inc., a Md. Corporation
PA: Paula Wilson; J-Gina Groh
* Plaintiff claims defendant was negligent in providing a safe work environment. In March 2010, plaintiff claims he was injured due to unsafe and hazard work conditions. Plaintiff claims gross negligence and that defendant did not comply with OSHA regulations. Plaintiff seeking compensatory damages and other fees to be determined at trial.
Case number: 12-C-40

Jan. 25
Helen M. Johnson vs. Mountain State University and Charles H. Polk
PA: Harry Waddell; J-Gina Groh
* Plaintiff claims she was terminated from Mountain State University because she gave testimony to a state agency. Plaintiff claims defendant acted with malice and/or conscious disregard for legal rights of the plaintiff. Plaintiff seeks damages, lost earnings and other judgments to be determined at trial.
Case number: 12-C-43

Jan. 27
David Schultz and Gabrielle Schultz vs. Dan Ryan Builders, Inc.
PA: Kirk Bottner; J-Christopher Wilkes
* Plaintiff claims an defendant installed an illegal septic system and used substandard concrete in construction. Platinff claims negligence, gross negligence, willful, wanton and reckless misconduct as well as breach of contract. Plaintiff seeks compensatory and punitive damages to be determined at trial.
Case number: 12-C-46

Rachel Holding Corporation vs. Wendy M. Shank
PA: Richard McGervey; J-Christopher Wilkes
* Plaintiff claims defendant owes $25,330.33 for past due credit agreement.
Case number: 12-C-53

Rachel Holding Corporation vs. James A. Ray
PA: Richard McGervey; J-Gray Silver, III
* Plainitiff claims defendant owes $29,550.20 for past due credit agreement.
Case number: 12-C-54

Joseph A. VanRennselaer and Mandy King vs. NCO Group, Inc.
PA: Sarah L. Hinkle; J-Gray Silver, III
* Plaintiff claims defendant violated the West Virginia Consumer Credit and Protection Act. Plaintiff seeks up to $74,999.99.
Case number: 12-C-57

Jan. 30
Scott Cullen vs. Charles Davidson
PA: Lawrence M. Schultz; J-Christopher Wilkes
* Plaintiff claims defendant struck plaintiff's car with his vehicle in January 2010. Plaintiff claims he suffered a heart attack as a result of the misconduct and gross negligence of defendant. Plaintiff seeks $127,000 in medical fees and other judgment to be awarded at trial.
Case number: 12-C-59

CIVIL FILINGS: Ohio County

Fri, 10 Feb 2012 07:10:00 CST

Dec. 27
Phillip Alig, Sara J. Alig, Roxanne Shea and Daniel V. Shea vs. Quicken Loans Inc. and Title Source, Inc. et al.
PA- James G. Bordas; Jason E. Causey; J- Gaughan
* This action seeks monetary restitution arising from defendant's predatory lending practices. In late 2007, Quicken solicited the Aligs to refinance their existing mortgage loan with the assigned appraisal value of $125,500. Alig's property had a market value of $99,500, and they were charged $260 for a contaminated appraisal. Plaintiffs seek punitive and compensatory damages for this class action suit.
Case number: 11-C-428; 11-C-430

Dec. 28
Jonathan Grandstaff vs. Sheetz, Inc.
PA- Gail W. Kahle; J- Wilson
* After purchasing items at defendant's store, plaintiff was attacked and brutally beaten by a group of individuals who had also just left the store. Prior to this incident, on Jan. 1, 2010, this particular Sheetz store had been the site of numerous attacks and assaults. Grandstaff claims entitlement to recover punitive damages.
Case number: 11-C-429

Jan. 4
Julia Anne Payne vs. Don Junksins, Recorder of the Village of Bethlehem and The Village of Bethlehem
PA- Martin P. Sheehan; J- Gaughan
* On June 2, 2011, plaintiff sought to pay B&O taxes to the Village as a result of income received from conducting yoga classes in her home. She was advised, by letter, that she was not in Zoning Code compliance applicable to her residence. Subsequently, by additional letter dated Nov. 22, 2011, Payne was advised to cease all Yoga classes. A writ of prohibition against defendants is sought with other relief.
Case number: 12-C-4

Jan. 5
Naryn Denise Partezana vs. Wheeling Island Gaming Inc.
PA- John T. Hofrichter; J- Wilson
* On June 3, 2011, plaintiff was engaged in riding an escalator within defendant's premises. While standing stationary on the escalator, she fell and was carried to the bottom, without it stopping or shutting down. Failure to adequately inspect the condition of said escalator is cause for compensatory damages.
Case number: 12-C-9

CIVIL FILINGS: Jefferson County

Fri, 10 Feb 2012 07:05:00 CST

Jan. 20
Donald R. and Patricia E. Burgess vs. Board of Zoning Appeals, Corporation of Shepherdstown
PA-Linda Gutsell; J-John Yoder
* Plaintiff claims they were deprived of a fair hearing over a denial of a building permit. Plaintiff claims Mayor served as member of planning commission that denied initial permit and mayor's wife served as president of BZA. Plaintiff also claims that spouse of another planning commission member was also on the BZA and that neither of these members recused themselves from a vote. Plaintiff seeks relief to be determined at trial.
Case number: 12-C-23

Jan. 30
Winchester Medical Center vs. Beverly Johnson
PA-Christopher McCarthy J-John Yoder
* Plaintiff claims defendant owes $26,920.34 for past due credit agreement.
Case number: 12-C-34

Jan. 31
Annie McDonald vs. The Salvation Army
PA: Laura Davis, J-John Yoder
* Plaintiff claims she suffered an on-the-job injury and defendant failed to provide Worker's Compensation forms. Plaintiff also claims defendant terminated her employment despite a physician's note to be out of work. Plaintiff claims wrongful discharge, violation of Human Rights Act. Plaintiff seeds reinstatement, back pay and other judgment to be determined at trial.
Case number: 12-C-36