June 26
Brandy G. Vincent v. David Brown, et al.
J- Recht; PA-Steven M. Recht
* As an employee of PGT trucking, Brown rear-ended Vincent causing Vincent’s car to strike the median and roll over. Vincent has incurred $6,786.74 in medical bills. She seeks judgment in an amount not to exceed $74,500 for compensatory damages.
Case number: 07-C-115

June 28
Joe B. Charlton, Vickie Charlton, and Shasta Charlton v. Cintas Corporation and Wheeling Pittsburgh Steel Corporation
J- Mazzone; PA- Zachary Zatazelo
* Charlton was employed by WPSC as a coke oven door cleaner. His repeated exposure to various chemical emissions caused him neurological damage. Cintas is the manufacturer of personal protective equipment. Cintas supplied WPSC with what Charlton claims were defective respirators meant to protect him from such emissions. He believes these defections directly caused his medical and financial problems. Charlton seeks compensatory damages, punitive damages, and prejudgment and post-judgment interest.
Case number 07-C-119

WELLSBURG – An Ohio man and his family have filed a suit against a West Virginia steel company after he became ill and was forced to file for bankruptcy to help pay for his medical expenses.

Joe Charlton, his wife Vickie and daughter Shasta filed a suit July 11 in Brooke Circuit Court against Cintas Corporation and Wheeling-Pittsburgh Steel Corporation.

Charlton, who lives in Belmont County, Ohio, was employed by Wheeling-Pittsburg as a coke oven door cleaner at its facility in Brooke County. While working as the oven door cleaner Charlton was exposed to the emissions and other hazardous byproducts.

As a result, Charlton developed a severe neurological injury and is disabled.

Cintas is named as a defendant because it supplies the respirators and respirator cartridges used on site by Charlton at Wheeling-Pittsburgh Steel. The suit claims the respirators did not do their job and failed to properly protect Charlton.

Vickie Charlton claims she has lost the financial support of her husband as well as his general services, companionship and society.

Shasta Charlton also claims she has lost and will continue to lose the financial support of her father.

Joe Charlton claims that as a result of his neurological damage, he cannot earn a living and was forced to file for bankruptcy.

The Charltons seek compensatory and punitive damages.

The case has been assigned to Judge James Mazzone.

Brooke Circuit Court case number 07-C-119

July 20
Mark A. Spangler v. Vaughn C. Hone, Sr., and Hone and Son Trucking Co.
J- Mazzone; PA-John Yeager Jr.
* While working for Hone and Son Trucking, Spangler was injured when a car hood fell on his back. He filed for worker’s compensation and, upon his doctor’s release, was informed he had been fired from the trucking company. Spangler claims he had no tardies, absences, or warnings, and believes it to be a case of retaliatory discharge. He seeks judgment jointly and severally, interest, and attorney’s fees.
Case number: 07-C-137

Michael Koenig and Kayla Fjelddalen v. William Williams and Shirley Williams
J- Recht; PA- Elgine Heceta McArdle
* Koenig’s wife and Fjelddalen’s mother, Debra Koenig, gave Shirley Williams power of attorney, unbeknownst to Koenig and Fjleddalen. Despite Koenig’s incapacitation because of cancer, Shirley Williams was still given the power of attorney; Koenig’s will was notarized by Williams’ relative. Upon Koenig’s death, life insurance policies were missing and withdrawals had been made from the Koenig’s joint bank account by the Williams. The Williams also unlawfully attempted to transfer the title of Koenig’s car. Michael Koenig seeks $12,000.00 and punitive damages.
Case number 07-C-138

July 20
Angela Hawkey and James Hawkey v. Scher-Cash, Inc., et al.
J- Mazzone; PA- Vincent S. Gurrera
* While visiting Scher-Cash Inc., Angela Hawkey fell on a cracked walkway causing her to fracture her ankle and foot. She claims Scher-Cash failed to properly warn her of the dangers of the walkway. She seeks judgment jointly and severally, pre and post judgment, costs, fees, and James Hawkey claims to have suffered loss of consortium.
Case number 07-C-140

July 26
Paul Taylor v. Finzer Roller Inc.
J- Gaughan; PA-Donald J. Tennant
* When Finzer made a delivery to Taylor’s place of employment, Taylor was asked to help unload racks of metal rollers. A Finzer employee pushed a rack off the truck bed, resulting in the entrapment and injury of Taylor’s right hand. Taylor seeks compensatory damages in excess of jurisdictional limits and pre- and post-judgment interest.
Case number: 07-C-144

Aug. 1
William Loughrie v. Experian Information Solutions Inc.
J- Mazzone; PA- Mark A. Colantonio
* Experian collected and maintained information on Loughrie’s credit. When he requested a credit report, Experian disclosed confidential information to a third party without Loughrie’s permission. Loughrie seeks an amount less than $75,000, pre- and post-judgment interest and costs.
Case number 07-C-150

Aug. 3
Ted Hart v. Richard Hackney
J- Recht; PA- Paul J. Harris
* Hart received a letter of his own resignation from his employer. The letter included Hart’s forged signature and a false agreement of retirement. Hart believes these actions are the result of discrimination because of his physical disabilities. He seeks judgment in the amount of $50,000 plus reinstatement to his job, costs, interest, attorney’s fees, and further relief.
Case number 07-C-151

WELLSBURG – The husband and daughter of a Brooke County woman who died from lung and brain cancer have filed a suit against the woman who was named as power of attorney for their relative.

Michael Koenig and Kayla Fjelddalen filed a suit in Brooke Circuit Court against William and Shirley Williams. Michael Koenig was the husband of Debra Koenig, who died Oct. 27, 2006.

According to the suit, about 10 days before her death, Debra Koenig went to Shirley Williams’ attorney and gave Williams power of attorney, which included control over all aspects of her life, including medical decisions. Michael Koenig claims all of this was done without his knowledge.

Koenig claims Shirley Williams told him in mid-October 2006 that she was in charge, and he “had no authority to make medical or financial decisions regarding his own wife … in her last days,” the suit says.

According to the suit, on the same day Debra Koenig executed her power of attorney she was incapacitated due to the medications she was taking. However, three days later she executed her will, which was notarized by a relative of Shirley and Bill Williams.

The power of attorney gave Shirley Williams the control of all of Koenig’s assets, including credit cards, bank accounts and medical treatment. Michael Koenig claims that following the execution of power of attorney he discovered his wife’s life insurance policies were missing from their home, withdrawals have been made from their joint account and the account of Fjelddalen, which was set up to support her child support checks.

According to the suit, the Williams’ also took over control of Koenig’s vehicle, which was valued at $12,000.

Michael Koenig and Kayla Fjelddalen seek the money and property taken from them, punitive and exemplary damages, and interest.

Wheeling attorney Elgine Heceta McArdle is representing Koenig and Fjelddalen.

Brooke Circuit Court case number: 07-C-138

Aug. 6
Mary E. Rea v. Yamaha Motor Corporation USA, et al.
J- Wilson; PA- M. Eric Frankovitch, Esq.
* Rea was a passenger on a Yamaha Rhino All-Terrain Vehicle when it overturned. Rea claims Yamaha failed to test the vehicle for possible dangers and to warn riders of these dangers. Rae also believes the vehicle operator engaged in reckless driving and failed in his duty to keep her safe on his property. Rea seeks judgment jointly and severally in an amount in excess of jurisdictional limits along with pre- and post-judgment interest.
Case number: 07-C-154

Aug. 9
James W. Richard v. Matthew J. Allietta and M & M Allietta, Inc.
J- Wilson; PA- Paul J. Harris
* While operating an M&M-owned vehicle, Allietta struck James Richard causing Richard numerous injuries. Allietta fled the scene and failed to report the incident to the police in a timely manner. Richard seeks compensatory and punitive damages, pre- and post-judgment, court costs, and attorney fees.
Case number 07-C-157

Aug. 13
Mary Kowalo v. Leslie Kowalo
J- Wilson; PA- William E. Watson
* When her husband Andrew Kowalo died, Leslie Kowalo became the joint owner of a residence with Mary Kowalo, Andrew Kowalo’s former wife. Mary Kowalo has lived in the residence since 1993 and has made substantial improvements to it despite Andrew Kowalo’s failure to reimburse her for his half of the property’s costs. She seeks an order of partition and also requests that the court appoints necessary commissioners to determine the amount and validity of equitable liens before a court ordered sale of the property.
Case number: 07-C-163

Aug. 14
Shawn Durbin, et al. v. Ball Corp., et al.
J-Mazzone; PA- Jacob M. Robinson
* During his job, Durbin was required to operate a forklift to load products from a loading dock. This order was given regardless of the fact his superiors knew a dock lock device was broken. Durbin additionally claims his superiors took no precautionary steps to compensate for the faulty device. Durbin sustained multiple injuries and incurred $104,000 in medical expenses because of the broken lock device. Durbin and his wife each seek $25,000 from the defendants along with punitive damages.
Case number: 07-C-164

WELLSBURG – A Brooke County man has filed a suit against the estate of a man who allegedly shot him, causing him to be permanently paralyzed.

William Bernardini, along with his wife Judith, filed a suit Aug. 23 in Brooke Circuit Court. The suit is against the estate of James Patrick Fluharty and Nathan Patrick Fluharty, the administrator of the estate.

According to the suit, James Fluharty died Nov. 3, 2006. On the same day, Fluharty shot Bernardini in the back, severely damaging his spinal cord and causing permanent paralysis.

Bernardini claims Fluharty’s actions were done in a reckless, careless and negligent manner, causing him to be injured. Bernardini also claims he will have to obtain medical care for the rest of his life.

According to the suit, Bernardini has incurred more than $200,000 in medical treatment and expects more bills in the future.

Judith Bernardini claims she has suffered the loss of duties, obligations and benefits of the martial relationship, including consortium, society, companionship and services of her husband.

Therefore, William and Judith Bernardini seek compensatory damages for their losses, from the estate of Fluharty.

Attorney Daniel L. McCune is representing Bernardini.

The case has been assigned to Judge James Mazzone.

Brooke Circuit Court case number 07-C-168

Sept. 28
Wesbanco Bank v. Robert G. Cusick
J- Mazzone; PA- Robert D. Plumby
* Cusick presented Wesbanco with a check to be cashed in the amount of $36,923.49 from Vanguard Fiduciary Trust Co. and deposited it in his bank account. Wesbanco was then notified the check was being returned due to a stop payment. Cusick’s account was then charged for the sum resulting in an overdraft. $26,045.16 remains unpaid. Wesbanco seeks compensatory damages in the sum of the unpaid amount, pre and post judgment, and expenses.
Case number: 07-C-198

Tara Julio, parent of minor Alexandria Martin v. City of Weirton
J- Wilson; PA- Jason A. Cuomo
* Martin was driving her mother’s vehicle when a Weirton police officer backed his car into her, pushed her car up on the curb, and caused her to strike a water meter payment box. Brad Reynolds, an eye witness, signed a statement placing blame on the police officer. The City neither called an outside agency to investigate, nor took the statement of the eye witness. Additionally, Julio claims they intimidated a minor by saying the wreck was her fault. Julio seeks judgment jointly and severally for compensatory damages in an amount to be determined by a jury and punitive damages.
Case number: 07-C-199

Ewusiak Development v. Daniel Milantoni and Cynthia Micucci
J- Recht; PA- Patrick A. Bennett
* Milantoni and Micucci leased a building from Ewusiak development. According to the agreement, no structural changes were to be made to the building without prior approval. Milantoni and Micucci made changes to the building despite the agreement. They later closed the bar they were operating in the building and removed their improvements causing damage to the building. They also failed to make monthly payments. Ewusiak seeks compensatory damages and the remaining rent of $32,000 along with fees and costs.
Case number: 07-C-200

William C. and Susan L. Hunt v. Johnnie H. and Laura L. Metz
J-Mazzone; PA- William Cipriani
* The Hunts claim the Metz’s violated the Declaration of Covenants and Restrictions for developed land by placing a temporary structure on land they were renting from the Hunts. The Hunts seek injunctive relief, costs, and removal of the structure.
Case number: 07-C-202

Oct. 5
William T. and Nola Campbell v. Kevin and Carrie Kafton
J- Mazzone; PA- David F. Cross
* The Campbells entered into a land contract with Shirley Kafton for the sale of their estate totaling $43,000 to be paid in installments of $3,000 per month. Shirley Kafton signed her rights over to Kevin and Carrie Kafton in the sales contract. Kevin and Carrie Kafton failed to make monthly payments and eventually abandoned the property, leaving unpaid real estate taxes and destruction. The Campbells seek $5,247.08 in damages.
Case number: 07-C-206

Oct. 16
Ronald Owings v. Fun Buffet, et al
J- Recht; PA- Leonard J. Tost
* While in Fun Buffet, Owings slipped and fell as he approached the food buffet because of an oily substance on the floor. Owings incurred numerous bruises and sprains and a knee injury. Owings believes Fun Buffet’s failure to remove this substance resulted in his fall. He is seeking an amount in excess of jurisdictional limits.
Case number: 07-C-215

Oct. 17
Andrew Campbell v. Danny Holladay, et al
J- Gaughan; PA- M. Eric Frankovitch
* Campbell was an invited visitor in the Holladay’s home when the Holladay’s German shepherd attacked him. Campbell claims the Holladays should have known of the dog’s tendency to attack. After the attack, Campbell was forced to seek treatment because the dog’s rabies shots were not current. He seeks judgment in excess of jurisdictional limits, costs, fees, and pre and post judgment.
Case number: 07-C-219

Oct. 19
Timothy Hooper, et al v. Wilbert Wright, Maintenance Technologies contractor, and Essex Insurance
J- Mazzone; PA- Michael G. Simon
* The Hoopers entered into a contract with Wright for the purchase of services necessary for construction on their home. Wright failed to complete the work agreed to in the contract and ultimately breached the contract by performing in what the Hoopers believe was an “unworkmanlike” manner. When the Hoopers attempted to settle through Wright’s insurance, Essex denied that there was coverage for the claim. The Hoopers seek that the claim give rise to coverage from Essex, damages, costs, and fees.
Case number: 07-C-221

WELLSBURG – A Brooke County man has filed a suit against the owners of a German Shepherd that attacked him.

Andrew George Campbell filed a suit in Brooke Circuit Court against Danny and Sandra Holladay.

The Holladays own a white German Shepherd, named Queenie. Campbell claims Queenie had been known to attack without provocation, and the Holladays knew the dog had attacked other people.

Campbell went to the Holladays’ home June 10, 2007, and was attacked by the Queenie, suffering several injuries.

According to the suit, Campbell was forced to seek medical treatment and incur medical expenses.

The suit also says that Queenie’s rabies vaccination was not current at the time of the attack. Campbell had to undergo “an extremely painful course of treatment” so as to safeguard or prevent his contracting rabies.

He has also suffered mental anguish, aggravation, inconvenience, the loss of enjoyment of life, the loss of the ability to function and past and future medical and other expenses.

Campbell seeks general and special damages from Danny and Sandra Holladay in an amount to be determined by the court.

Attorney M. Eric Frankovitch is representing Campbell.

Nov. 2
William and Shirley Williams v. Robert Johnston, Combined Insurance Co. of America
J- Recht; PA- M. Eric Frankovitch
* As co-executors of the estate of Debra Koenig, the Williams attempted to contact the defendant three times about an insurance policy in their name. Johnston and Combined Ins. failed to return the Williams’ call. The Williams’ claim the insurance company’s failure to return their call is a breach of contract. They seek judgment in excess of jurisdictional limits, along with pre- and post-judgment interest.
Case number: 07-C-231

Nov. 5
Pavlick Motor Cars, Inc. v. Ford Motor Co.
J- Gaughan; PA- John N. Ellem
* Pavlick purchased a Mustang manufactured by Ford. The Mustang was guaranteed for 36,000 miles, but prior to reaching the mileage, the car’s check engine light came on, and the injectors, cylinder head, and ignition coil had to be replaced. Pavlick claims Ford breached the express warranty and seeks revocation of its acceptance of the vehicle, refund of price, and pre- and post-judgment interest.
Case number 07-C-233

Robert and Linda J. Fink v. Delphi Development, LLC D/B/A Aspen Manor, et al.
J- Recht; PA- Patrick S. Cassidy
* Fink was an employee of Catholic Knights of America Center as a maintenance and grounds supervisor. When the business was conveyed from the Knights to Aspen Manor, Aspen Manor fired Fink. Fink believes his termination came as a result of his disability, neuropathy, arthritis and possible cancer. Fink seeks judgment for back pay, front pay, attorneys fees, interest and damages.
Case number: 07-C-232

Nov. 15
Tamela Coen v. Jayleen Olson
J- Wilson; PA- William Cipriani
* Coen and Olson were both heirs of the estate of Wanda S. Taylor. Coen claims Olson coerced Taylor into transferring funds to Olson. Coen also claims Olson misused her power of attorney by withdrawing $15,000 from Taylor’s funds. Coen seeks compensatory damages in the amount of $15,000 for emotional distress, punitive damages, and pre and post judgment.
Case number: 07-C-242

Nov. 16
Michael Batalo, et al. v. Lloyd Blackburn, et al.
J- Mazzone; PA- Dean G. Makricostas, Esq.
* Under contract, Blackburn purchased real estate from Batalo. In the contract, the parties agreed that the Batalos would have as much time as necessary to remove their belongings from the estate. Blackburn, however, is withholding the Batalos’ property. Batalo seeks $50,000, the release of goods, attorney’s fees, and damages.
Case number: 07-C-244

William Moore, et al. v. Kepich Trans, Inc.
J- Gaughan; PA- Frank Cuomo
* Moore’s left leg was injured when a Kepich employee failed to remove an oil line hose connecting Moore’s truck and the Kepich employee’s truck. Moore seeks compensatory damages, pre and post judgment, and an amount that fairly repays him for damages.
Case number 07-C-245

Dec. 3
Rebecca Faulkner v. Wheeling Nisshin, Inc. et al.
J- Gaughan; PA- Raymond A. Hinerman
* Faulkner, an employee of Wheeling Nisshin, fell 20 feet through an unguarded open trap door, injuring her back and ankle. Faulkner claims that because Wheeling Nisshin failed to secure the area, she has lost $40,000 in wages because of her fall. She seeks adequate compensation, punitive damages, and interest.
Case number: 07-C-255

Dec. 5
Stacie Teller v. C’s Country Kitchen, Inc.
J- Mazzone; PA- M. Eric Frankovitch
* C’s is a limited video lottery retailer. Teller, a patron of C’s, was playing Keno when she won the jackpot prize of $9,999.75. C’s refused to pay Teller the amount, thereby breaching their contract. Teller seeks damages in excess of jurisdictional limit, pre and post judgment, fees, and costs.
Case number: 07-C-257

Dec. 10
Michael Rich v. Nestle Purina Pet Care Co.
J- Recht; PA- Nicholas A. Wininsky
* Rich, a supervisor for Nestle, found his employment terminated after he criticized the company’s attendance policy. Additionally, Rich underwent hip surgery. He feels his termination is the result of discrimination and retaliatory discharge. Rich seeks compensatory damages for humiliation and embarrassment, fees, costs, and punitive damages.
Case number: 07-C-263

Dec. 14
Jessica Elliot v. Wal-Mart Stores, Inc.
J- Recht; PA- Jacob M. Robinson
*Elliot fell in the Wal-Mart parking lot on a slippery, yellow divider. Elliot believes Wal-Mart failed to care for her safety and properly maintain the parking lot. She seeks judgment in excess of jurisdictional limit, and compensatory damages.
Case number: 07-C-266

Jan. 7
Boyd Townsend Jr., et al. v. Danielle Campbell, et al.
J- Wilson; PA- M. Eric Frankovitch
* While in the McDonald’s parking lot, Townsend fell on ice. Townsend believes Campbell, the owner of the McDonald’s failed to properly maintain the safety of the parking lot. Townsend seeks damages in excess of jurisdictional limits, pre and post judgment, and costs.
Case number: 08-C-4

Jan. 8
Paula Howe v. Donald Smith and Melonie Smith, et al.
J- Gaughan; PA- M. James T. Carey
* Howe, an invitee to the home of Melonie Smith, was jumping on a trampoline when she fell and fractured her tibia. Howe believes the Smiths failed to properly design and maintain the trampoline and its safety devices. She seeks judgment in an amount that will fairly compensate her for her injury.
Case number: 08-C-5

Jan. 22
Waldorf Distributing Inc. v. General Teamsters, etc, et al.
J-Gaughan ; PA-Robert J. D’Anniballe, Jr.
* Waldorf employees, who are also members of General Teamsters’ union, and Local Union 697 failed to come to an agreement regarding health and welfare benefits. Teamsters claims Waldorf union members are following Teamsters’ delivery trucks, interfering with deliveries, and are picketing their customers. General Teamsters seeks that the court prevents Waldorf from picketing and preventing deliveries, compensatory and punitive damages, fees, and costs.
Case number: 08-C-17

Jan. 28
Keith Smith, et al. v. Coil Slitting International, et al.
J-Wilson; PA-Ronald Wm Kasserman
* After being injured on the job and receiving temporary total benefits from Workers’ Compensation, Smith returned to work to find that he had been laid off. Smith was the only employee laid off, and Coil Slitting called in other employees to perform work Smith was capable of performing. Smith was also accused of faking his injuries. Smith seeks judgment jointly and severally, punitive damages, fees and costs.
Case number 08-C-20

Feb. 7
Kayla Fjelddalen v. Combined Insurance Co., et al
J- Wilson; PA-M. Eric Frankovitch, Esq.
* Combined Insurance has failed to make payments to Fjelddalen that she should receive according to her late mother’s insurance policy. Fjelddalen seeks punitive damages in an amount in excess of the jurisdictional limit, interests, costs, and fees.
Case number: 08-C-32

Feb. 8
Kyleigh Puckett v. Steven Moore, et al.
J-Wilson; PA- William R. Kiefer, Esq.
* Puckett was peaceably conducting herself when she was bitten on the face by Moore’s dog. Puckett claims Moore failed to properly supervise the dog, and she seeks punitive damages, prejudgment and post judgment, and costs. Case number: 08-C-34

Feb. 8
Estate of Margaret Ferda v. Genesis Healthcare Corporation, et al.
J-Recht; PA- Robert J. Fitzsimmons
* Ferda was a resident of a nursing home operated by Genesis. Ferda was awoken from her bed and escorted to the restroom by an unidentified nursing home employee. Ferda slipped and fell because of an unidentified liquid on the floor. The administrator of the estate, Donald R. Ferda, seeks judgment jointly and severally in an amount to be determined by judge or jury, interests, and costs.
Case number: 08-C-35

Feb. 13
Pulice Contracting v. Patrick M. Barrett and Douglas L. Jackson
J-Gaughan; PA-Vincent S. Gurrera, Esq.
* Defendants Barrett and Jackson deny allegations made by Pulice that claim a contract was breached and further deny that they owe Pulice any money. They restate their claim that they had to hire other professionals to repair the work done by Pulice, and seek judgment in an amount in excess of $20,000, interest, and expenses.
Case number: 08-C-37

March 3
In re: The Estate of Pete R. Carbasho v. Jane Carbasho, Tracy Carbasho, et al.
J- Recht; PA- Scott C. Brown
*`After Pete Carbasho’s death, it was discovered that his personal estate was insufficient for payment of his debts. Petitioner and executrix of the estate, Jane Carbasho, seeks that the court convene a meeting of heirs and creditors, list the property for sale, and use proceeds to pay off debt.
Case number: 08-C-48

Kwik King Food Stores

WHEELING – A Pennsylvania man and the person who punched him in the face at a Kwik King Food Stores drive-thru should be allies since they are both seeking an insurance company’s money, the company is arguing.

Michael B. Slusarek, of Washington County, Pa., filed a lawsuit Sept. 20 in Brooke County Circuit Court. It was removed to U.S. District Court for the Northern District of West Virginia on Oct. 24.

Slusarek’s lawsuit is filed against John Riley Company, doing business as Kwik King Food Stores, the company’s owner, its insurer and Jordan Parker.

It seeks a judgment declaring Parker’s actions were covered under a $1 million policy issued by State Auto Property and Casualty Company.

The alleged incident took place on July 7, 2012, and began with a dispute over whether Slusarek had received correct change after purchasing a pack of cigarettes in the drive-thru.

During the discussion, Parker told Slusarek that he would get the issue resolve and talked to him near his driver’s side window outside the store, the complaint says. The insurer says Parker is not an employee of the company and was there to visit his friend, who was the shift supervisor at the time.

The complaint does not state what provoked the alleged attack.

“Defendant Jordan Parker punched the Plaintiff several times in the head, face and neck through his open driver’s side car window while he was still parked at the Kwik King Food Stores drive-thru,” the complaint says.

“Once the Plaintiff had fled the attack in his vehicle and left the Kwik King Food Stores premises, Defendant Jordan Parker reentered the store, spoke to the Kwik King Food Stores personnel, and left shortly thereafter.”

The allegations were made in a lawsuit currently pending in Brooke Circuit Court.

The lawsuit now in federal court seeks a judgment that declares Parker is a covered “insured” under the insurance policy issued to Kwik King by State Auto..

The policy provides $1 million in liability coverage for bodily injuries occurring at convenience stores owned by John Riley, the complaint says.

State Auto filed a motion to realign the parties after the removing the suit to federal court.

“Despite Mr. Parker never being employed by John Riley Company, LLC, Jordan Parker was provided a defense by State Auto…,” the motion says.

“As Mr. Slusarek’s civil action progressed, it became abundantly clear that Mr. Parker was not an insured under the policy; was not entitled to defense under the policy; and was not entitled to indemnity under the policy.

“As such, State Auto withdrew Mr. Parker’s defense in the pending civil action pursuant to its previously provided reservation of rights.”

Slusarek and Parker both have an interest in a judgment that declares Parker is insured under the State Auto policy, the insurer states.

As such, Parker should be declared a plaintiff in the case, the insurer says.

“On the face of this declaratory judgment action, it is evident that Mr. Parker and Mr. Slusarek have an overriding interest in coverage under the State Auto policy,” the motion says.

“Mr. Slusarek’s interest is in recovery under the policy, while Mr. Parker’s interest is in not having his personal assets at stake.”

State Auto is represented by Tim J. Yianne and Michael P. Markins of Mannion & Gray in Charleston.

The docket of the original lawsuit shows the Riley defendants’ motions for summary judgment were denied on Oct. 31. A trial is scheduled for Nov. 25.

From the West Virginia Record: Reach John O’Brien at jobrienwv@gmail.com.

The federal courthouse in Wheeling

WHEELING – Gloria Waters and William Hall, on behalf of themselves and others similarly situated, filed suit in the Brooke County Circuit Court on Sept. 6, naming Electrolux Home Products Inc. as the defendant.

The plaintiffs are accusing Electrolux of marketing and selling defective washing machines. The case has since been removed to federal court.

In their class action lawsuit, the plaintiffs accuse Electrolux of marketing and selling front-loading washing machines that are prone to accumulate mold.

According to the plaintiffs, the defective washing machines were sold under brand names including Frigidaire and Kenmore. The plaintiffs claim Electrolux knowingly concealed the fact that the washing machines were prone to accumulate mold and mildew which can permeate throughout the consumer’s home and ruin clothes.

The plaintiffs are accusing Electrolux of breaching implied warranties by selling products they allegedly knew were defective.

The plaintiffs are seeking an undisclosed amount in damages. They are being represented by Wexler Wallace LLP.

The defendant removed the suit to U.S. District Court for the Southern District of West Virginia on Oct. 31.

The removal notice says the federal court has jurisdiction pursuant to the Class Action Fairness Act.

Electrolux is represented by Jeffrey A. Holmstrand of Flaherty Sensabaugh Bonasso in Wheeling.

Circuit Court of Brooke County Case No. 13-C-118
U.S. District Court for the Northern District of West Virginia Case No. 5:13-cv-00151

WHEELING — A Brooke County court case is being moved to the Northern District of West Virginia by the defendants.

Ruth Yost originally filed her lawsuit Feb. 14 in Brooke Circuit Court, saying she was discharged from the defendant’s place of business after filing for leave for medical reasons.

The defendants, Jennifer Yost and Jacqueline Overholt, filed notice of removal Feb. 17 to move the case to the Northern District of West Virginia Circuit Court.

According to the original complaint, Ruth Yost was an employee at the Dollar Store General managed by the defendants. Ruth Yost applied for leave under the Family and Medical Leave Act for her hearing problems and pseudo-seizures, conditions covered under FMLA, but was initially denied. The claim states that she was then had hours reduced before ultimately being taken off of the schedule altogether.

Because she was off work, Ruth Yost made inquiries at Dollar General Market about receiving unemployment benefits and was told she was inelegible. When she applied for unemployment benefits, she was harrased and suffered a hostile work environment, before being constructively discharged, according to the claim.

The defendants filed the notice to get the case into the jurisdiction it belongs.

They defendants are being represented in the case by attorneys Christina S. Terek and Eric E. Kinder. The plaintiff is being represented by Patrick S. Cassidy and Timothy F. Cogan, of Cassidy Myers Cogan & Voegelin LC.

Northern District of West Virginia Circuit Court case 5:14-cv-20, Brooke Circuit Court case number 13-C-175

WHEELING — Two West Virginia companies want a court case against them moved to the Northern District of West Virginia.

Brooke County residents Carol G. Dwyer and Elizabeth Ellen Fluharty originally filed Dec. 31, 2013, in Brooke Circuit Court, each requesting an oil, gas and coalbed methane gas lease they signed be declared void as it has been extended past the terms of the lease.

Range Resources-Appalachia LLC and Chesapeake Appalachia LLC filed notice of removal Feb. 19 to to move a case to the Northern District of West Virginia Circuit Court.

According to the claim, Dwyer signed a lease Oct. 22, 2007, with Range Resources-Appalachia LLC and would receive $7,018.50. On July 1, 2010, the lease was assigned to defendant Chesapeake Appalachia LLC without her notice. Range Resources-Appallachia LLC had the documents notarized without the parties being present. The terms of the lease were presented as being for five years and promised oil drilling would commence within two years, which did not occur.

Fluharty signed a similar lease with the defendant Sept. 15, 2007, and experienced the same circumstances.

The defendants filed the notice to get the case into the jurisdiction it belongs.

The defendants are being represented in the case by attorneys Lucas Liben and Kenneth J. Witzel. The plaintiffs are being represented by Paul J. Harris and Shawn L. Fluharty.

Northern District of West Virginia Circuit Court case 5:14-cv-21; Brooke Circuit Court case number 13-C-176

CHARLESTON — Attorney General Patrick Morrisey says Northern Panhandle and Ohio Valley residents filed more complaints about debt collection agencies in 2013 than any other topic.

Morrisey

The announcement comes as part of the Office of the Attorney General’s efforts to track the types of complaints that were most prevalent in different regions of the state last year.

The Office looked at written complaints received from residents in six counties that make up the Northern Panhandle and part of the Ohio Valley – Brooke, Hancock, Marshall, Ohio, Tyler, and Wetzel counties. The tally does not include phone calls from consumers who did not follow up with a written complaint.

“On a county-by-county level, complaints about collection agencies were most common in Brooke and Ohio counties, but they were a common complaint for every county in the region,” Morrisey said in a press release. “While we think it is imperative for consumers to pay what they owe, debt collection agencies have to follow very specific laws when trying to recover those payments.

“Agencies and their employees cannot threaten, harass or embarrass consumers in order to get paid.”

Other common complaint areas for residents in the northern part of the state included:

* Cable, Internet, satellite, and/or telephone service;

*Vehicle repairs and purchases;

* Mortgages, loan modifications and/or foreclosures;

* Fake check scams;

* Contests, sweepstakes and promotions; and

* Advertising

Within the six-county region there were substantial differences in the types of consumer complaints filed. For example, the office received more complaints about vehicles from consumers in Marshall, Wetzel, and Tyler counties than from their northern neighbors, while Brooke, Hancock and Ohio County consumers filed more complaints about foreclosures, mortgages and/or loan modification.

“We think it is important for people to know the types of complaints arising in their area so they will be better prepared to protect themselves,” Morrisey said. “Fortunately, our Office has a local consumer educator and compliance specialist who can answer questions from consumers or receive complaints.”