Nov. 29
Ferrell Properties Inc. vs. the city of Point Pleasant
PA – Matt Clark; J – Nibert
* The plaintiff is seeking a court order for the condemnation and demolition of a building next to one it owns known as the “Franklin Building” that has fallen into disrepair since the city took ownership of it on March 14, 2007.
Case number: 11-C-139

POINT PLEASANT – Following a judge’s ruling he was improperly fired, a former Mason County Sheriff’s deputy has been given his salary while on hiatus and the opportunity to put everthing behind him.

Last month, Mason Circuit Judge Thomas C. Evans III ruled that Sheriff David Anthony II failed to provide Deputy Robert Glenn a pre-disciplinary hearing before firing him in March. Anthony’s decision to terminate Glenn came following allegations he made an inappropriate remark about a Hannan High School student’s T-shirt while stationed at the school as prevention resource officer.

Though Evans remanded the case to the county’s Deputy Sheriff’s Civil Service Commission, which in May upheld Anthony’s decision, both Anthony’s attorney, R. Michael Shaw, and Glenn’s attorney, Michael Eachus, said prior to Christmas the case was over. However, neither provided any further details including if Glenn would be rehired.

In response to a Freedom of Information Act request, Chief Deputy and Acting Sheriff Jeff Fields provided The West Virginia Record a copy of an agreement reached between the Department and Glenn regarding his employment.

According to the agreement, Glenn would be reinstated as deputy, paid $24,243.56 in back pay and tender his resignation. All that occurred on Dec. 12.

Also, the Department agreed to remove all documentation regarding the allegations from Glenn’s personnel file, and provide him a positive reference to future employers.

Aside from the $24,243.56 for his back pay, the Department agreed to pay Eachus $8,000 in attorneys fees.

Anthony did not participate in the settlement due to his placement under a protective order, and into court-ordered rehabilitation following his arrest on wanton endangerment charges Nov. 11. The week before Anthony was accused of firing shots over his son’s head at his residence outside Point Pleasant.

Following his arraignment, Anthony was ordered to undergo in-patient substance abuse treatment for 90 days. According to the criminal complaint, Anthony fired the shots while intoxicated.

On Jan. 6, the Mason County grand jury indicted Anthony with 42 felonies and misdemeanors that included additional charges of child neglect creating risk of injury, domestic assault, and shooting near a dwelling that related to the Nov. 5 incident, and fraudulent scheme, embezzlement and unauthorized use of a purchase card that didn’t. He as since pleaded not guilty to the charges, and is scheduled to go on trial April 10.

Though he is up for re-election this year, the Mason County Commission has announced it intends to file a petition for Anthony’s removal from office once he completes his court-ordered treatment next month.

Mason Circuit Court case number 11-AA-95

Dec. 16
Paula L. Cunningham vs. Felman Production, Inc.
PA – Edwin H. Pancake; J – Evans
* The plaintiff, a Hartford resident, is suing the defendant, a Delaware corporation, for injuries she sustained on May 12, 2010, at the defendant’s New Haven plant after a dumpster containing strontium caught fire. She seeks unspecified damages, court costs and attorney fees.
Case number: 11-C-146

Illene F. Russell v. Jaylee, Inc.
PA – Donald Tennant; J – Nibert
* The plaintiff is suing the defendant, a Wood County corporation, for injuries she sustained on Nov. 6, 2011, at the defendant’s Mason location called State Line, Big Time Coffee Shop #6 after tripping over the side rail on a ramp leading to the front entrance. She seeks unspecified damages
Case number: 11-C-147

Jan. 9
Bert M. Grimm III d/b/a Grim’s Groundworks vs. Michael and Shelia Carlisle
PA – Pro se; J – Nibert
* The plaintiff is suing the defendant for failing to pay for work performed on May 27. Along with judgment in the amount of $800 plus interest and court costs, Grimm seeks a court order foreclosing on property the Carlisle’s own on which Grimm has a mechanic’s lien to satisfy the judgment.
Case number: 12-C-2

POINT PLEASANT – A physical altercation between a patient and a nurse at a Mason County hospital has led to a lawsuit against both.

Pleasant Valley Hospital is named as a co-defendant in a lawsuit filed by Michael Ray Coughenour. In his suit filed Nov. 18, Coughenour, 57, of Gallipolis, Ohio, alleged he was battered by a PVH nurse when he caught her stealing his medication following his stay in the emergency room two years ago.

According to his suit, Coughenour sought emergency treatment at PVH on Nov. 18, 2010. The reason why is not stated.

Nevertheless, he was admitted and stayed the night.

At a time not specified on Nov. 18, Coughenour suffered drug withdraw symptoms due to what he believed as a failure to receive his nightly pain medication. At a time not specified, he reported the matter to the head nurse.

Sometime in the morning of Nov. 19, Coughenour caught a nurse “attempting to steal his pain medication.” When confronted, Coughenour alleges the nurse grabbed his hand where his IV was located, and closed the bathroom door on his foot.

As a result of the alteration, Coughenour alleges he suffered not only “pain and physical injury,” but also “extreme emotional distress.” In his suit he makes claims against PVH, the head nurse and nurse, indentified only as John/Jane Does 1 and 2, for battery, negligence, negligent supervision and intentional or reckless infliction of emotional distress.

Coughenour seeks unspecified damages, interest, court costs and attorney fees. He is represented by Gallipolis attorney Michael Eachus.

The case is assigned to Judge David W. Nibert.

Mason Circuit Court case number 11-C-133

Anthony

POINT PLEASANT – Before May’s primary election, Mason County Sheriff David Anthony II’s bid for re-election will have to successful run a gauntlet of legal and political trials next month.

The Mason County Commission on Feb. 13 filed a petition in Mason Circuit Court for Anthony’s impeachment, and removal as sheriff. The petition cites four counts of malfeasance of office as ground for Anthony’s removal that include nearly $2,500 in unauthorized expenditures last year in Florida, his arrest in November for discharging a handgun over the head of his 14-year-old son and applying for and receiving grant money without the Commission’s knowledge or consent.

According to the petition, Anthony charged $2,435.68 to his Office’s purchase card between Feb. 27 and April 13. Though he initially said the trip was related to “official county business involving a conference in Orlando,” Anthony later admitted “the charges were personal in nature and not related to county business.”

In late April, Anthony returned $1,400 to the county’s general revenue fund, including $200 he took from his Office’s cash drawer to cover meals for the Florida trip, as reimbursement. On Aug. 15, he agreed to have the remaining $1,435.38 deducted from his paycheck.

Almost three months later, Anthony was arrested, and charged by State Police on a charge of wanton endangerment. The arrest stemmed from an incident that occurred Nov. 5 at Anthony’s home in Point Pleasant when he shot at his son after he ran outside the backdoor of their house and down the stairs of the attached deck.

According to the petition, the incident was witnessed by two uniformed deputies, Curtis Rhodes and Terry Powell. Both Rhodes and Powell told the State Police Anthony was drunk at the time.

In January, the Mason County grand jury returned a 42-count indictment against Anthony related to his misuse of the purchase card, and discharging the handgun at his son. Along with the original one for wanton endangerment, the charges included child neglect creating risk of injury, domestic assault, shooting near a dwelling, embezzlement and fraudulent scheme.

A trial date is scheduled for April 10.

A week later, Anthony will be on trail again to answer to the allegations in the Commission’s petition. State Supreme Court Chief Justice Menis E. Ketchum on Feb. 15 appointed judges John Lewis Marks, Jr., Christopher C. Wilkes and David R. Janes from Marion, Berkeley and Harrison counties, respectively, to hear the case on April 18 and 19 in Point Pleasant.

Despite the indictment, and removal petition, Anthony, 42, is seeking re-election as sheriff. If acquitted in both trials, he still faces three opponents in the May 8 primary, and a Republican challenger in November.

Mason Circuit Court case numbers 12-F&M 2 (Anthony criminal) and 12-P-3 (Anthony removal)

Former Mason County Sheriff David Anthony II, foreground, exits the courtroom after entering a plea agreement to four counts of a 42-count indictment returned against him in January. The pleas agreement called for Anthony both resigning as sheriff, and dropping his bid for re-election which negated a scheduled hearing next month by a three-judge panel to consider a petition filed by the county comission for his impechment, and removal from office. (Photo by Lawrence Smith)

POINT PLEASANT – The law enforcement career of one West Virginia sheriff has come to end following his resignation from office, and entering pleas to charges he both endangered the life of his son and defrauded the county.

David Lee Anthony II appeared in Mason Circuit Court March 6 to plead guilty to four charges of the 42-count indictment returned against him in January by the grand jury. In tendering his plea, Anthony, 42, agreed to plead guilty to charges of brandishing, and shooting near a dwelling and no contest to charges of fraudulent scheme and embezzlement, all misdemeanors.

The brandishing, and shooting near a dwelling charges stemmed from an incident that occurred Nov. 5 at Anthony’s residence on Juniper Lane in Point Pleasant where he fired a .45 caliber pistol over the head of his 13-year-old son, Dawson, as he exited the house, and was running down the stairs of the back deck. The incident was witnessed by two uniformed deputies, Curtis Rhodes and Terry Powell, who later State Police Anthony was drunk at the time.

As a result of the shooting, Anthony was arrested on Nov. 11, and initially charged with wanton endangerment. The indictment included the wanton endangerment, brandishing and shooting charges along with domestic assault and child neglect creating risk of injury.

The indictment included 19 counts of embezzlement, 18 counts of unauthorized use of a purchasing card, and one count fraudulent scheme. Those charges stemmed from Anthony using the Sheriff’s Office state-issued purchasing card between Feb. 27 and April 13, 2011, for a personal trip to Orlando, Fla.

When informing Judge David W. Nibert what the state intended to prove by Anthony’s guilty plea, Mason Prosecutor Damon Morgan said a routine audit by the state Auditor’s Office discovered $2,435.68 in questionable purchases. Initially, Anthony claimed they were for a law enforcement-related conference.

When asked to give details of the conference, all Anthony could provide, Morgan said, was floor plan of the hotel where the conference was supposedly held. An investigation discovered not only did the hotel not host a law enforcement conference, but also no conference of any sort was held during the time in question.

Eventually, Anthony admitted the purchases were personal, and returned $1,400 to the county’s general revenue fund, and paid the remainder though a payroll deduction. The embezzlement charge to which Anthony pleaded no contest stemmed from $200 from he took from his Office’s cash drawer to cover meals for the Florida trip.

As part of the agreement, Anthony agreed to immediately resign as sheriff, and surrender his law enforcement certification. The resignation brought to a close a 22-year career in law enforcement which began on May 25, 1990 when he was first hired as a deputy sheriff.

Also, Anthony agreed to withdraw his candidacy for re-election as sheriff. Despite the indictment, Anthony, who took temporary leave as sheriff while he underwent court-ordered rehabilitation, and was prohibited from carrying a firearm due to a domestic violence restraining order, filed for re-election near the end of the filing period in January.

A Democrat, Anthony defeated his Republican opponent Ernie Watterson, a former sheriff and current Point Pleasant police chief, in 2008. Prior to his withdrawal, Anthony faced a crowded primary battle with Point Pleasant residents Gregory Powers and James Will, and Donnie Kapp from Apple Grove also seeking the Democratic nomination in the May 8 primary.

Anthony’s resignation, and plea agreement not only voids a trial previously scheduled for April 10, but also a hearing by a three-judge panel the following week on a petition filed by the Mason County Commission for his impeachment, and removal from office. In its petition, the Commission cited four counts of malfeasance of office as grounds for Anthony’s removal that include the charges specified in the January indictment along with applying for and receiving grant money without the Commission’s knowledge or consent.

Commission President Rick Handley, who was in attendance at the hearing, said he and the other commissioners would be meeting with Ripley attorneys Kevin Harris and Eric Holmes to receive a bill for their services in filing the petition. The Commission was expected to hire a temporary replacement for Anthony as its regularly scheduled meeting on March 8.

Anthony remains free on bond until his sentencing hearing on April 30.

Mason Circuit Court case number 12-F&M-5 (Anthony criminal) and 12-P-3 (Anthony removal)

Dickens

POINT PLEASANT – A former Mason County Sheriff’s deputy alleges the superintendent of schools defamed him in remarks she gave to the media about him being investigated for making inappropriate remarks about a student’s T-shirt.

Suzanne Dickens is named in a three-count defamation suit filed by Robert Glenn in Mason Circuit Court. In his complaint filed March 9, Glenn alleges Dickens last year prematurely affirmed to a television station Glenn, while working as the prevention resource officer at Hannan Senior and Junior High School sexually harassed a female student.

In West Virginia, prevention resource officers are uniformed police officers who, among other things, serve as security guards in public schools, and teach students about bullying.

According to his suit, Dickens on March 18, 2011, made statements to WSAZ-TV 3 about Glenn “engag[ing] in inappropriate behavior, including sexual harassment, toward students at the high school, even though no formal complaint had been filed” against him. The suit does not provide any more details except he “was ultimately reinstated to the Sheriff’s Department by the Mason County Circuit Court, though he then voluntarily resigned.”

In a related suit he filed in August, Glenn was informed by then-Sheriff David Anthony via a letter dated March 18 he was being suspended pending completion of an investigation regarding a comment he made about a T-shirt Kelsey Williams recently wore to HHS. Five students reported to the principal that Glenn said a Hooter’s T-Shirt Williams wore should’ve said mosquito bites.

In that suit, Glenn was informed a week later via letter he’d been fired. Immediately, he appealed his termination to the Mason County Deputy Sheriff’s Civil Service Commission, which, following a hearing on April 11, on May 20 affirmed Anthony’s decision to fire him.

The Commission erred in affirming Anthony’s decision, Glenn stated in his appeal, due to, among other things, Anthony’s failure to provide him a pre-disciplinary hearing as required by state law. Citing the state Supreme Court’s 2009 decision in Burgess v. Moore, Judge Thomas C. Evans III on Dec. 8 agreed, and remanded the case back to the Commission.

Evans’ decision came a month after Anthony was ordered into court-ordered rehabilitation following his arrest on Nov. 11 on a charge of wanton endangerment. The week before, while drunk, and in the presence of two of his deputies shot over the head of his son, Dawson, as he was exiting the rear of their home.

In January, Anthony was indicted by the grand jury not only for wanton endangerment, but also shooting near a dwelling, domestic assault, brandishing and 38 counts of embezzlement, and fraudulent scheme on misusing his state issued purchasing card. Earlier this month, Anthony resigned as sheriff as part of a plea agreement.

In exchange for not only his resignation, but also his agreement to withdraw his candidacy for re-election, surrender his law enforcement certification, issue a formal apology to other county officials for statements he made they, too, misused the purchase card, enter a plea of guilty to the brandishing and shooting near a dwelling and no contest to two of the embezzlement counts, all misdemeanors, Mason County Prosecutor Damon Morgan agreed to dismiss the remaining charges.

Four days after Evans’ ruling, the Mason County Commission agreed to reinstate Glenn, pay him $24,243.46 in pay back and allow him to tender his resignation. As part of the agreement, the Sheriff’s Department agreed to remove all documentation regarding the allegations from Glenn’s personnel file, and provide him a positive reference to future employers.

In his current suit, Glenn alleges Dickens “knowingly, recklessly, willfully, wantonly and maliciously slander and/or libel and/or defame” him by stating to WSAZ he “had sexually harassed children at Hannan High, with the knowledge that said information was false.” As a result, Glenn alleges he has suffered “embarrassment, annoyance, inconvenience, [and] emotional distress.”

Glenn seeks unspecified damages. He is represented by former Kanawha County Prosecuting Attorney Mike Clifford.

The case is assigned to Judge David W. Nibert.

Following the announcement that then-Superintendant William Capehart was resigning to take a position at the University of Rio Grande, the Board of Education on July 29, 2010, hired Dickens as interim superintendant. Capehart had only been superintendant for a short time after the Board hired him to replace Larry A. Parsons, who was appointed by the state Board of Education to take over the troubled Preston County school system.

Prior to her retirement, Dickens, 69, of Point Pleasant, served as assistant superintendant under Parsons. Last February, the Board voted unanimously to hire her full-time until June 30, 2013.

Her salary is $111,500.

Mason Circuit Court case number 12-C-29

Feb. 27
Vanderbilt Mortgage and Finance, Inc. vs. Matthew W. Preston
PA – Marc Lazenby; J – Nibert
* The plaintiff is suing the defendant for defaulting on a $43,912 loan given to him on June 8, 2007, to purchase a 2008 Fleetwood Mobile Home. They seek an order removing Preston out of the home, and immediate possession of it.
Case number: 12-C-26

March 9
Robert Glenn vs. Suzanne Dickens, individually, and in her capacity as superintendant of Mason County Schools
PA- Mike Clifford; J – Nibert
* The plaintiff, a former Mason County Sheriff’s deputy is suing the defendant for defamation for making false statements to WSAZ-TV 3 on March 18, 2011, about him sexually harassing students at Hannan Senior and Junior High School while working as the prevention resource officer. He seeks unspecified damages.
Case number: 12-C-29

March 19
Hope McCormick vs. Mason County Action Group, Inc.
PA – Matthew L. Clark; J – Nibert
* The plaintiff , a Leon resident, is suing the defendant for failing to compensate her for the work she performed between Oct. 24 and Dec. 16 within 72 hours of her discharge in the second week of January. She seeks judgment for her unpaid wages in the amount of $290 plus liquated damages, attorney fees, court costs and interest.
Case number: 12-C-36

March 28
Cabell Huntington Hospital, Inc. vs. Emily M. and Michael Aaron Casto
PA – Daniel T. Yon; J – Nibert
* The plaintiff is suing the defendants, residents of Point Pleasant, for unpaid medical services. It seeks judgment for $60,438.88 plus interest and court costs.
Case number: 12-C-41

Cabell Huntington Hospital, Inc. vs. Justin Jordan
PA – Daniel T. Yon: J – Nibert
* The plaintiff is suing the defendant for unpaid medical services. It seeks judgment for $22,355.83 plus interest and court costs.
Case number: 12-C-42

March 20
Vanderbilt Mortgage and Finance, Inc. vs. Michael O. and Nina M. Flory
PA – Marc Lazenby; J – Nibert
* The plaintiff, a Tennessee business, is suing the defendants, Apple Grove residents for defaulting on a $33,582.75 loan given to them on May 26, 2010, to purchase a 2010 Clayton Mobile Home. They seek immediate possession of the property, and an order removing the Florys from it.
Case number: 12-C-37

March 26
Richard and Malissa Richmond vs. Felman Production
PA – Glen D. Conway; J – Nibert
* The plaintiffs are suing the defendants, a Delaware business, for injuries Richard sustained on May 4, 2010, at Felman’s New Haven plant, when he stepped on a piece of plywood over a partially collapsed concrete floor and feel 30 feet. Malissa makes a claim for loss of consortium. They seek unspecified damages, interest, attorneys fees and court costs.
Case number: 12-C-40

March 30
Raymond Ross, administrator of the estate of Patrick Ross, vs. Ambrosia Machine, Inc.
PA – Kenneth P. Hicks; J – Nibert
* The plaintiff, a Point Pleasant resident, is suing the defendant, a Point Pleasant business, for the wrongful death of his son who was killed on Nov. 22, 2010, while working as a welder. He seeks unspecified damages, interest and court costs.
Case number: 12-C-43

April 2
Judith C. and Earl Nibert vs. Kenneth and Diane Harris d/b/a K & D Family Diner
PA – R. Michael Shaw; J – Nibert
* The plaintiffs, residents of Henderson, are suing the defendants, owners of a Gallipolis Ferry restaurant, for injuries Judith sustained on July 27, 2010, when she slipped and fell while paying their bill at the cash register. Earl makes a claim for loss of consortium. They seek unspecified damages, interest and attorneys fees.
Case number: 12-C-46

POINT PLEASANT – A Mason County woman is alleging the last four sheriffs have played a role in cheating her out of a family inheritance.

Former sheriffs David Lee Anthony II, Scott Simms, Troy “Shorty” Huffman and Paul Ernie Watterson are named as co-defendants in a breach of fiduciary duty lawsuit filed by Gina M. Eads. In her complaint filed April 9 in Mason Circuit Court, Eads, 44, a Leon resident, alleges the four lawmen over the last quarter century mismanaged funds belonging to the estate of her grandmother, Grace M. Thornton, during their respective terms in office.

According to the suit, Thornton died on Oct. 8, 1986. In a holographic will dated Oct. 23, 1979, she directed that her entire estate, except for her home in Kenny Street in Point Pleasant, be liquidated and the proceeds placed in an interest bearing account with the interest paid monthly to her son, Richard D. Gaylor.

A holographic will is one that is his handwritten, and signed by the testator –- the person making it -– but not witnessed by someone else. Records show, the Mason County Clerk’s Office accepted the will into probate a week following Thornton’s death.

On an unspecified date following Thornton’s death, the Sheriff’s Office was appointed to serve as its administrator. Also, because of his incapacity, it was appointed to act as Gaylor’s guardian and conservator.

The reason for Gaylor’s incapacity is not stated.

Payments from Thornton’s estate to Gaylor, according to the suit, began in 1988, the year Watterson, a Republican, won his first term as sheriff. He successfully won re-election in 1992.

Due to the constitutional prohibition on sheriffs seeking a third successive term, Huffman, a Democrat, won in 1996′s open race for the office. However, four years later, he was defeated for re-election by Simms, a Republican.

Following Simms’ successful re-election in 2004, the race for sheriff was again open in 2008. Watterson, who was appointed Point Pleasant police chief the year before, attempted to get his old job back, but was defeated by Anthony, a Democrat, who started work as deputy under Watterson’s first administration.

In March, Anthony’s administration came to end when he agreed to resign, and not seek re-election this year as part of plea agreement with the Mason County Prosecutor’s Office. In January, the grand jury returned a 42-count indictment against Anthony stemming from questionable purchases he made with a county-issued purchasing card over a year ago, and discharging a firearm while drunk over his son’s head outside their home in November.

Following Anthony’s resignation, the Mason County Commission appointed Michael Roach, a retired West Virginia State Trooper, as interim sheriff until the new one is elected in November.

According to the suit, Gaylor died in 2008. Pursuant to Thornton’s will, Eads was to receive the residual of her estate following Gaylor’s death.

However, Eads alleges during the last 24 years Watterson, Huffman, Simms, Anthony “and their fiduciary officers … paid over to Mr. Gaylor sums of money to which he was not otherwise entitled to receive.” Funds in Thornton’s estate, Eads alleges, “have dwindled almost to the point of non-existence.”

Specifically, Eads alleges at the time her suit was filed, she’s lost at least $67,615.31.

Along with ones for breach of fiduciary duty, and action on bond against the four former sheriffs, Eads makes a claim of unjust enrichment against Gaylor’s estate. In her suit, she seeks not only compensation from the unidentified insurance companies that posted the bonds to secure the sheriffs’ performance on Thornton’s estate, but also disgorgement of funds remaining in Gaylor’s estate.

Eads seeks unspecified damages, attorneys fees and court costs. She is represented by J. Robert Leslie with the Hurricane law firm of Tyree, Embree and Leslie.

The case is assigned to Judge David W. Nibert.

Mason Circuit Court case number 12-C-51

April 9
Gina M. Eads vs. the estate of Richard D. Gaylor, Jr., and the estate of Grace M. Thornton, by and through David Anthony II, in his capacity as administrator of the estates, and Paul E. Watterson, Troy Huffman and Scott Simms, personally, and in their capacity as former sheriffs of Mason County
PA – J. Robert Leslie; J – Nibert
* The plaintiff, a Leon resident, is suing the defendants for improperly transferring funds and personal property to Gaylor, her father, prior to his death in 2008, from the estate of Thornton, her grandmother, following her death in 1988. She seeks damages to include the value of money and personal property as specified in Thornton’s last will and testament, plus attorneys fees and court costs.
Case number: 12-C-51

April 19
Michelle Thomas vs. Ohio Valley Supermarkets, Inc. d/b/a Foodland
PA- William L. Mundy; J – Nibert
* The plaintiff is suing the defendant for injuries she sustained on May 10, 2010, at its Point Pleasant location after she slipped and fell on an unknown substance. She seeks unspecified damages, attorneys fees and interest.
Case number: 12-C-64

May 11
Stephen M. Patterson vs. Universal Federal Credit Union and CUNA Mutual Insurance Society a/k/a CUNA Brokerage Services, Inc. a/k/a CUNA Mutual Insurance Agency, Inc. d/b/a CUNA Mutual Insurance Group
PA – Matthew L. Clark and William Mundy J – Nibert
* The plaintiff, a Point Pleasant resident, is suing the defendants for breach of contract for failing to pay on a single credit disability insurance policy he purchased as part of a $5,000 he received from the defendants on Dec. 10, 2010. They denied his claim following Patterson’s involvement in automobile accident on Feb. 24, 2011. He seeks unspecified damages and attorneys fees.
Case number: 12-C-67

May 17
21st Mortgage Corp. vs. Eric McCallister
PA – Lora A. Dyer; J – Nibert
* The plaintiff, a Knoxville, Tenn. business is suing the defendant, a Gallipolis Ferry resident, for breach of contract after defaulting on an installment contract extended to him on March 1, 2010 for $105,837.60 to purchase a 2003 Norris Manufactured Home. They are asking McCallister surrender the home to pay of the remaining balance of $42,695.76.
Case number: 12-C-71

Terry M. and Kelly Henry vs. Felman Production, Inc.
PA – Matthew L. Clark and Bradley H. Layne; J – Nibert
* The plaintiffs, residents of New Haven, are suing the defendant, a Delaware business, for exposure to unsafe levels of manganese fumes Terry was exposed to while working as a casing welder at Felman’s New Haven location from Dec. 2010 until Aug. 2011 which forced him to take leave due to chronic headaches. Kelly makes a claim for loss of consortium. They seek unspecified damages.
Case number: 12- C-73

June 1
John Flora d/b/a Flora’s Concrete Contracting vs. 84 Lumber Company Milton Place Limited Partnership
PA – Lisa M. Moye; J – Nibert
* The plaintiff, a Winfield business, is suing the defendant, a Milton business, for breach of contract in failing to pay for $24,821 worth of services provided on Dec. 23, 2011, and Jan. 5. Along with enforcement of a mechanics lien filed on Feb. 15, they seek court costs and attorneys fees.
Case number: 12-C-76

June 6
Anita M. Setliff vs. Michael B. Brown
PA – Pro se; J – Nibert
* The plaintiff, a Fraziers Bottom resident, is suing the defendant, a Point Pleasant resident, for destruction of property after he disposed of all her personal belongings. She seeks $15,088 in damages plus court costs.
Case number: 12-C-79

May 30
In re: Samantha J. Sheets, by her mother and legal guardian, Misty Rollins
PA – Francis M. Curnutte III; J – Nibert
* The petitioner is asking the court to approve a settlement for $177,500 to compensate Samantha for injuries she sustained in a Nov. 18 collision between her father, Paul Sheets, and Steven Stover on W.Va. 2.
Case number: 12-C-75

June 15
Jonathan and Heather Beattie vs. Skyline Corporation, CMH Homes, Inc. d/b/a Luv Homes and Vanderbilt Mortgage and Finance, Inc.
PA – Cameron S. McKinney; J – Nibert
* The plaintiffs are suing the defendants for failing to properly install a mobile home they purchased on Nov. 12, 2007, and make good on the warranty. They seek unspecified damages, court costs and attorneys fees.
Case number: 12-C-82

July 27
Melissa Ann Reitmire vs. City Ice and Fuel Company of Point Pleasant and Casey J. Hart
PA – Robert D. Cline, Jr.; J – Evans
* The plaintiff, a Point Pleasant resident, is suing the defendants for injuries she sustained on Aug. 12, 2010, when Hart, driving a vehicle belonging to City Ice and Fuel, rear ended the vehicle Reitmire was driving on Jackson Ave. in Point Pleasant. She seeks unspecified damages, interest, court costs and attorneys fees.
Case number: 12-C-97

Aug. 6
Bear Ridge Association vs. Julius Vierstra
PA – J. Philip Fraley; J – Nibert
* The plaintiff, a Mason County homeowner’s association, is petitioning the court to enter the defendant’s property on 40 Kodiak Dr. in Milton, following notifications it sent him of debris on his property, firewood in unapproved containers and high grass in order to bring the property into compliance with the Association’s covenants, conditions and restrictions.

Aug. 29
Dora Roberts vs. Shawn Plants
PA – Tanya Hunt; J – Nibert
* The plaintiff, a resident of Logan County, is suing the defendant, for improperly collecting rent from a tenant she allowed to move into a trailer she previously owned after Plants purchased the property at a tax sale on April 1 on taxes Roberts says were erroneously assessed to her, and mailed to the wrong address. Robert asks seeks a court order returning the property to her.
Case number: 12-C-113

Aug. 30
In re: Summary petition of Holdyn Isaac Keefer, a minor, by William Travis Keefer, his guardian
PA – Pro se; J – Nibert
* The petitioner is asking the court to approve a settlement for $4,800 in medical expenses Holdyn incurred after he swallowed a belt clasp manufactured by VF Jeanswear Limited Partnership on Oct. 2. From the proceeds, $2,800 will go toward satisfying a Coventry Medicaid lien, and the balance placed in an interest bearing account.
Case number: 12-C-114

Sept. 17

Keith A. Biggs and Paula Carlene Thompson vs. Richard King, Raymond G. Musgrave, Mason County Public Service District, Frontier of West Virginia, Inc., Mountaineer Gas Company, Inc, Mike Roach, in his capacity as sheriff of Mason County, and any and all shareholders or creditors of Central Industries Inc.

PA – Paul A. Ryker; J – Nibert

* The plaintiffs, residents of Camp Conley, are seeking a court order to quiet title to a .88 acre tract of land Thompson conveyed to King on Aug. 15 that was clouded in 1989 when Musgrave, a Point Pleasant attorney, then as one of the principal owners of Central Industries, failed to have a 24.19 acre parent tract of land conveyed by Central to himself and the other principal, Carl Thompson, now deceased, when the corporation was being dissolved. In 1999, Thompson’s widow, Vada, conveyed 5.49 acres of the parent tract to Biggs, and in her will, left her interest in the remaining 18 acres to Paula.

Case number: 12-C-118

Sept. 21

G & M Fuel Co., Inc. vs. Green Global, LLC

PA – Michael Barr; J – Nibert

* The plaintiff, a Point Pleasant business, seeks judgment against the defendant, a Glassport, Pa. business, for $45,212.69, the outstanding balance of a $50,999.97 promissory note G & M gave Green Global on Sept. 13, 2011. They also seek court costs, 6 percent interest a $6.81 per diem charge.

Case number: 12-C-119