June 30
Madex Farm Homeowners Association Inc. v. Brian Kotzer and Paul Ginsburg
PA-Braun Hamstead; J-Thomas Steptoe Jr.
* The association claims Kotzer and Ginsburg are in violation of their lot being used for residential purposes only. The defendants are allegedly renting the home, and the group claims that renting the house would cause damages to “the character of the neighborhood.”
Case number: 06-C-214

June 30
Robert Glascock v. Chrysler Corp.
PA-Stephen G. Skinner; J-Thomas Steptoe Jr.
* Glascock claims a Dodge Dakota he bought on May 10, 2004, from an authorized retail dealer for $21,475 plus other associated costs is a lemon. He seeks revocation of acceptance and refund of the purchase price as well as other damages.
Case number: 06-C-215

July 3
Palisades Collection LLC, assignee of Chase Manhattan
Bank v. Marianne E. Heaney
PA- Paul S. Atkins; J-Thomas Steptoe Jr.
* Palisades Collection is seeking $32,385.65 from a credit card debt incurred by Heaney.
Case number: 06-C-217

July 3
Palisades Collection v. Marilyn Bartoes
PA- Paul S. Atkins; J-Thomas Steptoe Jr.
* Palisades Collection is seeking $28,0975.73 from a credit car debt incurred by Bartoes.
Case number: 06-C-219

July 5
City Hospital v. Walter Steven Douglas
PA- Edward J. Hagar; J-Thomas Steptoe Jr.
* The hospital is seeking $71, 051.85 for medical services and supplies, plus $21.937.24 in interest, for a total of $92,989.09 that Douglas has incurred since June 5, 2006.
Case number: 06-C-233

July 5
Barbara Bayer v. Wal-Mart
PA-Harry Waddell; J-Thomas Steptoe Jr.
* Bayer of Knoxville, Md., was visiting the Charles Town Wal-Mart on July 9, 2004, when she claims she was injured when an employee knocked boxes off of a shelf that landed on her head, neck and shoulders. She seeks compensatory damages, pre- and post-judgment interest and court costs.
Case number: 06-C-255

July 6
Palisades Collection v. William L. Pindell
PA-John J. Balenovich; J-Thomas Steptoe Jr.
* Palisades is seeking $43,953.35, plus 10 percent per year since Oct. 31, 2002, until judgment, from Pindell for amount incurred on a revolving charge account.
Case number: 06-C-227

CHARLES TOWN – A lawsuit in Jefferson Circuit Court over a car accident that left a flagman dead names nine defendants.

David and Mary Snyder filed the lawsuit July 18 as personal representatives of the Estate of Michael Snyder.

The nine defendants are: Huntfield, L.C.; Ryan Incorporated Central; CHS Traffic Control Services; V.I.P. Limousine Service; Glen Lee doing business as V.I.P. Limousine; Sharon Wilson; Heather Strachan; Lee James Crawford; and Corporation of Charles Town.

On July 19, 2004, the lawsuit says Michael Snyder was directing traffic as a flagman on Augustine Ave. in Charles Town in connection with a construction project to wide the roadway in front of Huntfield subdivision.

It adds that Crawford was driving a Pontiac Sunfire for V.I.P. Limousine when “Defendant Crawford struck Michael C. Snyder with the Pontiac Sunfire, causing him fear, severe injuries, pain and suffering and killing him.”

Ignored were three signs, one with a flagman silhouette on it, and a number of orange barrels on the edge of the road, the complaint says.

Against Huntfield, the Snyders claim it had a duty to provide for the safety of contractors on its widening project.

Against Ryan Incorporated Central, they claim it had a duty to ensure safety rules and regulations were followed for its subcontractors.

Against CHS Traffic Control Services, they claim it had a duty to provide for the safety of its employee, Michael Snyder.

Against Crawford, a driver for V.I.P., they claim he was negligent and reckless while driving.

Against V.I.P. Limousine, they claim it is liable for Crawford’s negligence.

Against Wilson, Strachan and Crawford, the three enterprisers behind V.I.P., they claim they are liable for the negligence of one of their members.

Against Charles Town, they claim it was unable to produce documents and agreements related to the incident in violation of the Freedom of Information Act.

They will be seeking compensatory and punitive damages and court costs.

Samuel Byrer of Nichols and Skinner will be representing the Snyders.

Jefferson Circuit Court case number 06-C-243

CHARLES TOWN – The Jefferson County Board of Education wants a fence near an elementary school removed so it can build a road and has filed a lawsuit against the school’s neighbor.

The lawsuit was filed July 17 in Jefferson Circuit Court as a petition for preliminary and permanent injunction. Winston Threadgill is the respondent.

The school board alleges “That the Respondent has blocked said easement, thus interfering with the necessary access to Blue Ridge Elementary School” and “That the Respondent’s impediment upon said easement (a fence) has further prevented Petitioner’s maintenance of a roadway on said easement.”

The petition says Threadgill has not complied with the outcome of a case he filed in 2003 against the Jefferson County Board of Education.

“The petitioner has no other remedy at law but this Petition for Injunction,” the lawsuit says. “Imminent and irreparable harm exist since respondent has cut off the main bus access to the petitioner’s school and such facility requires access by road over the lands of the respondent on a daily basis.”

David Camilletti of Charles Town firm Campbell, Miller and Zimmerman is handling the case for the school board.

Jefferson Circuit Court case number 06-C-241

July 12
NCO Portfolio Management v. Karl Spain
PA- Andrew S. Lerner; J-Thomas Steptoe Jr.
* NCO is seeking $33,975.08 in credit card debt, plus cost of action.
Case number: 06-C-236

July 14
Albino Lamanna v. Donald E. Davidson and Vickie L. Davidson
PA-Christopher P. Stroech; J-Thomas Steptoe Jr.
* Lamanna is requesting the sale of 121 acres in Shepherdstown. He was deeded half of the property, while the Davidsons were deeded of the other half. There is a question over right-of-way. He is requesting a jury trial.
Case number: 06-C-239

July 17
The Board of Education of Jefferson County v. Winston Threadgill, respondent
PA-David Camilletti; J-Thomas Steptoe Jr.
* The board has filed a petition for a preliminary and permanent injunction to prevent Threadgill from blocking the main bus access roadway to Blue Ridge Elementary School. Threadgill owns property that borders the school.
Case number: 06-C-241

July 17
Wilson Dillon v. Harold S. Sill
PA-pro se; J-Thomas Steptoe Jr.
* Sill allegedly sold one-half interest of a horse, Calabria Rose, to Dillon. Dillon sought an exparte injunction to seek legal ownership of the horse. The exparte injunction has been denied, but a preliminary injunction has been set for 9:15 a.m. Aug. 2.
Case number: 06-C-242

July 18
David Snyder and Mary Snyder, personal representatives of the estate of Michael C. Snyder, deceased v. Huntfield L.C., Ryan Incorporated Central, CHS Traffic Control Services Inc., V.I.P. Limousine Service, Ltd., Glen M. Lee dba V.I.P. Limousine, Sharon K. Wilson, Heather L. Strachan, Lee James Crawford and Corporation of Charles Town
PA-Samuel Byrer; J-Thomas Steptoe Jr.
* On July 19, 2004, Michael Snyder, acting as a flagman on Augustine Avenue in Charles Town, was struck and killed by the car Crawford was driving. His parents claim that the city, its agents and employees were negligent and was a proximate cause of the collision, his injuries and death. The Snyders are seeking compensatory, punitive damages plus pre- and post-judgment interest, attorney fees and cost.
Case number: 06-C-243

July 19
Eugene Capriotti, Herbert Jonkers and Louis B. Athey v. Todd Baldau
PA-James P. Campbell; J-Thomas Steptoe Jr.
* Capriotti, Jonkers and Athey have filed a petition pursuant to remove Baldau from The Jefferson County Planning Commission. They claim he has committed multiple acts of official misconduct, malfeasance in office, incompetence and neglect of duty.
Case number: 06-C-244

July 21

William Gunter and Lisa Gunter v. Poolscapes and Wendy Shively
PA-Peter Pentony; J- Thomas Steptoe Jr.
* The Gunters paid $27, 800 as a deposit for a swimming pool, but Poolscapes has failed to finish the pool. They are seeking the amount of the deposit, plus the cost to complete the swimming, plus pre- and post-judgment interest.
Case number: 06-C-252

July 21
Russell J. Smith as administrator and legal representative for the estate of Robin J. Smith, deceased v. David R. Derr and Arthur Allen Moser
PA-Joseph R. Ferretti; J-Thomas Steptoe Jr.
* Smith is seeking damages permitted by law from Derr, who was driving a 1992 Honda Accord that struck the car Smith and his wife were traveling in on July 23, 2004. Robin Smith was killed. Russell Smith claims to have suffered mental anguish, loss of earned income, among other things, as well as incurred medical and funeral expenses.
Case number: 06-C-250

Aug. 2
Jorge DeLara and Juan Estarza-Morales, on behalf of
themselves and others similarly situated v. Absolute
Appliance LLC and David M. Knisley
PA-Gary Geffert; J-Thomas Steptoe Jr.
* DeLara and Estarza-Morales claim they, along
with several other employees, worked in excess of 40
hours per week and Absolute Appliance failed to pay
them for their overtime over the course of several
months.
Case number: 06-C-259

CHARLES TOWN – Two Jefferson County men say their employer did not pay them all wages owed.

Jorge DeLara and Juan Estarza-Morales filed a lawsuit Aug. 2 in Jefferson Circuit Court against Absolute Appliance and David Knisley.

DeLara and Estarza-Morales filed the lawsuit on behalf of themselves and others similarly situated and claim Knisley knowingly did not pay them what they were owed.

“Plaintiffs and others regularly worked in excess of 40 hours per week,” the complaint says. “Defendants failed to pay Plaintiffs and others at a rate of 1 ½ times their regular rates of pay for hours worked in excess of 40 in a workplace.

“At various times, Defendants made withholdings from the wages of Plaintiff DeLara for various reasons.

DeLara says he was not paid all incentive bonuses promised to him or for work performed during the final pay period of his employment.

The plaintiffs charge the defendants with a violation of the Fair Labor Standards Act, the West Virginia Overtime Law and the West Virginia Wage Payment and Collection Act.

They seek damages and court costs.

Garry Geffert of Martinsburg is representing the plaintiffs.

Jefferson Circuit Court case number 06-C-259

CHARLES TOWN – A Charles Town man says the state Tax Commissioner’s Office did not notify him of when his assessment appeal hearing would be held and claims his right to due process was violated.

John Robb, doing business as Current Electric, blames State Tax Commissioner Virgil T. Felton in a lawsuit filed Aug. 25 in Jefferson Circuit Court.

In appealing three tax assessments handed down by the office, Robb says he was never told when his hearing was to be held and missed it.

When he missed it, the Office of Tax Appeals had no choice but to uphold the assessments.

“A hearing was purportedly held by the West Virginia Office of Tax Appeals on an unspecified date,” the complaint says. “Robb did not receive notice of this hearing as required by West Virginia Code… and the hearing was conducted in his absence without proper notice, an opportunity to appear or present evidence.”

Robb says the tax appeals office did not conduct its hearing in accordance with state law, and that he has been denied due process rights and is not obligated to pay the assessments.

Felton’s office imposed a consumers’ sales and service tax assessment for $10,231, a purchaser’s use tax assessment of $6,789 and a personal income tax withholding assessment of $6,789.

On Oct. 9, 2004, Robb says he filed a petition for reassessment. In December of that year, Robb says a hearing was scheduled but was postponed, and that he was never informed of the new date.

Braun Hamstead of Charles Town law firm Hamstead and Associates is representing Robb, who seeks an appropriate scheduling order, a record of the tax appeals office’s proceedings provided to the court and the decision to be reversed.

Jefferson Circuit Court case number 06-C-289

CHARLES TOWN – A former blacksmith at Charles Town Races and Slots says he was forced to work in an unsafe area and was not paid benefits promised to him.

Bernard Greer is seeking $100,000 in punitive damages in addition to compensatory damages in a lawsuit that he filed Aug. 28 in Kanawha Circuit Court.

Penn National Gaming, Inc., doing business as Charles Town Races and Slots, and General Manager Richard Moore are listed as the defendants.

Greer says a horse stomped on his foot while he tried to shoe it on June 4, 2005, and was fired after making a workers’ compensation claim.

“The Race Track discriminatively discharged me from employment by reason of my making a claim of compensation after receiving an injury at work,” the complaint says.

Greer is representing himself.

“On June 4, 2005, I was repairing a horse’s shoe outside the receiving barn and a horse van rounded the end of the barn, startling the horse, causing him to rear up an come down on my foot, resulting in injury,” the complaint says. I filled out the necessary forms, obtained a statement from the witness of the accident and went to my supervisor.

“I was released by my treating doctor to return to work in Oct. 2005. However, the Race Track has discharged me for missing work while under a doctor’s orders as a result of the injury.”

During his employment, Greer also claims he was not given the amount of pay promised to him, insurance benefits requested or vacation benefits earned.

A 2003 meeting with Moore and the other blacksmith, he says, determined shoeing horses in the receiving barn was “extremely dangerous.”

Jefferson Circuit Court case number: 06-C-291

CHARLES TOWN – The owner of Charles Town Races and Slots is blaming a Sissonville-based asbestos abatement company for creating a health hazard on its property.

Penn National Gaming, Inc., filed a lawsuit Aug. 23 in Jefferson Circuit Court against ASTAR Abatement, Inc., claiming the company caused a Cease and Desist Order was issued to it by the state’s Department of Health as a result of ASTAR’s shoddy work.

ASTAR was hired to perform asbestos abatement and demolition work at the Sand House on Penn’s property in Charles Town in 2004, the lawsuit says.

“ASTAR’s agreement with PNGI specifically requires ASTAR to comply with federal, state and local laws and regulations relating to the work to be performed,” it adds. “ASTAR’s work activities at the Sand House were in breach of its agreement with PNGI, violated applicable laws and created a health hazard.”

The Cease and Desist Order was issued Sept. 25, 2004, Penn says, noting that it detailed various violations of state Department of Health regulations relating to asbestos.

The complaint says ASTAR wished to finish its work, which would have required resolving the order by submitting an asbestos abatement plan to the Department of Health’s Environmental Inspector.

However, the inspector did not approve of the plan, the complaint says.

PNGI says it was forced to terminate the agreement with ASTAR and hire Potesta and Associates to complete the project.

PNGI charges ASTAR with negligence, gross negligence and breach of contract.

“ASTAR had a duty not only to exercise reasonable and due care and diligence during asbestos abatement and to abide by federal and state law, ASTAR also had a duty to take the necessary actions to resolve the Cease and Desist Order issued by the Department of Health,” the complaint says.

Charles Printz Jr. of Bowles, Rice, McDavid, Graff and Love in Martinsburg is representing PNGI, which seeks compensatory damages in the amount of $206,533.06.

PNGI also seeks punitive damages.

Jefferson Circuit Court case number 06-C-284

Aug. 21
Christopher Roper vs. Corporation of Shepherdstown
PA-J. Mack Cavendish; J-Thomas Steptoe Jr.
* Roper is petitioning for appeal from decision and order of the police department hearing board of Shepherdstown. The decision of dismissal of Roper to the police department was upheld on June 9, 2006. Status hearing set from 9 a.m. Sept. 25 at Jefferson County Courthouse.
Case number: 06-C-277

Stanley W. Dunn Jr. and Katherine Dunn vs. Douglas
Rockwell, Carol Rockwell and Martin & Seibert LC.
PA-William Francis Xavier Becker; J-Thomas Steptoe Jr.
* The Dunns claim they sustained damages at the hands of Douglas Rockwell, their former attorney. They also claim that because of his professional relationship with them that he has enhanced the real estate holdings of his wife, Carol Rockwell. They are seeking compensatory damages of $50,000, punitive damages of $100,000, the cancellation and reformation of the deed of the land in questions and reimbursement of all costs and expenses.
Case number: 06-C-282

Aug. 23
James Fillinger and Diane Fillinger, et al vs. John Willingham and Rheta Willingham, et al
PA-Pro se; J-Thomas Steptoe Jr.
* After James Fillinger’s dump truck went missing on Sept. 30, 2003, after lending it to Willingham, police discovered that Robbie Willingham had taken the truck for a joy ride. At the time, the Willingham signed an agreement that if the $5,500 damages were repaid, charges wouldn’t be filed. The damages have yet to be reimbursed.
Case number: 06-C-283

PNGI Charles Town Gaming LLC vs. ASTAR Abatement
PA-Charles F. Printz Jr.; J-Thomas Steptoe Jr.
* PNGI hired ASTAR to perform asbestos abatement and demolition work on Aug. 25, 2004. W.Va. Department of Health and Human Resources issued an interim cease and desist order to stop all work on asbestos abatement on Sept. 25, 2004. PNGI is seeking compensatory damages of $206, 533.06, punitive damages and attorney’s fees and costs.
Case number: 06-C-284

Aug. 24
Brittany L. Wilfong vs. Javier Ramirez and Pamela M. Garcia
PA-Mark Jenkison; J-Thomas Steptoe Jr.
* On Dec. 31, 2005, Wilfong’s car was struck on W.Va. 9 by the car driven by Ramirez, an uninsured driver. He among his charges were driving under the influence and driving left of center. Wilfong is seeking in excess of $25,000 in compensatory and punitive damages for medical bills she has incurred.
Case number: 06-C-288

Aug. 25
John Robb dba Current Electric vs. Virgil T. Helton, acting state tax commissioner of West Virginia
PA-Brian J. Mcauliffe; J-Thomas Steptoe Jr.
* Robb is appeal pursuant of administrative decision on June 26, 2006. Robb is contesting the assessment by the Tax Commission after he received three separate tax assements.
Case number: 06-C-289

Aug. 28
Bernard Greer vs. Penn National Gaming Inc dba Charles Town Races and Slots and Richard Moore, general manager
PA-pro se; J-Thomas Steptoe Jr.
* Greer hired as a temporary full-time paddock blacksmith in January 2003 until Mary 2, 2003. He never received pay promised during full-time position.On November 2004, he was hired full-time. June 2005 received injury while a horse was being shoed and was to return to work October 2005. He was discharged from missing work. Greer is suing for wages, benefits, expensives lost and $100,000 punitive
damages.
Case number: 06-C-291

CHARLES TOWN – A Jefferson County woman says she fell outside a Wal-Mart and blames the company for not clearly marking the curb of the sidewalk.

Dawn Janel Eyler filed a lawsuit Aug. 31 in Jefferson Circuit Court against the chain and Kimco Shopping Center, where the Charles Town store is located.

She says that they failed to warn her of a dangerous condition on Sept. 12, 2004.

“The plaintiff was on the sidewalk in front of the garden center of Defendant Wal-Mart’s store and was attempting to navigate in between shopping carts which had been left unattended on the sidewalk,” the complaint says.

“There were also several orange warning cones which had been placed in the street to discourage people from parking in the fire lane, but the curb on the sidewalk had not been painted or marked in any way.

“Suddenly and without warning, the plaintiff fell off the curb, causing her to twist her ankle and suffer great pain.”

She also claims the defendants did not adequately inspect their property and seeks compensatory damages for physical and emotional injuries and pain and suffering.

James Kratovil of Kratovil and Amore in Charleston is representing Eyler.

Jefferson Circuit Court case number 06-C-296

Aug. 31
Dawn Janel Eyler v. Kimco Realty Services Inc. and Wal-Mart Stores East Inc.
PA- James T. Kratovil; J-Thomas Steptoe Jr.
* Eyler alleges she fell off the curb in front of Wal-Mart’s garden center in Charles Town on Sept 14, 2004. Kimco is owner of the shopping center.
Case number: 06-C-296

CHARLES TOWN – A man says he suffered a fractured skull in an attack at Charles Town Races and Slots and is suing the track for his injuries.

Chester Harvey filed the suit Sept. 7 in Jefferson Circuit Court against Penn National Gaming, the owner of the track.

The alleged incident took place March 21, 2002. Harvey says he was attacked from behind as he tried to enter the bathroom.

“The injuries sustained by Plaintiff, Chester Harvey, as described herein were the direct and proximate result of the negligence of the defendants, acting by and through their servants, agents or employees, in failing to properly maintain security cameras in and about the area in which the plaintiff was injured, failing to provide proper security personnel in and about the area in which the plaintiff was injured,” the lawsuit says.

It also says the track failed to properly screen customers and prevent “dangerous persons” from entering the premises.

Harvey says he has and will continue to incur expenses for hospitalization, surgery, therapy, medication and travel expenses to and from doctors’ offices and hospital, and that he is permanently injured and handicapped.

Harvey is not suing the person he claims hit him. His wife Cindy is making a claim for loss of consortium.

The Harveys are representing themselves

Judge Thomas Steptoe Jr. has been assigned the case.

Jefferson Circuit Court case number 06-C-306

CHARLES TOWN – A Maryland woman says she was injured as a result of Wal-Mart’s negligence, but doesn’t say how in a recently filed lawsuit.

Renee Grove entered the case Sept. 7 in Jefferson Circuit Court against Wal-Mart, claiming she was injured Sept. 15, 2004, while a business invitee of the store.

She says she was “injured as a direct and proximate result of the negligence of the defendant… causing her serious and permanent injuries.”

Grove claims Wal-Mart negligently failed to maintain its premises in a safe condition and violated its duty of reasonable care to her, and that she has sustained severe and permanent injuries and will continue to suffer extreme physical pain, emotional distress, mental anguish and the loss of the capacity to enjoy life.

In addition to pain, Grove says she has incurred $29,000 in medical expenses, as well as loss of income and loss of capacity to earn income and will incur future medical expenses.

Mark Jenkinson of Martinsburg firm Burke, Schultz, Harman and Jenkinson is representing the plaintiff.

Judge Thomas Steptoe Jr. has been assigned the case.

Jefferson Circuit Court case number 06-C-297

Sept. 7
Renee Grove v. Wal-Mart Stores Inc.
PA-Mark Jenkinson; J-Thomas Steptoe Jr.
* Grove alleges she injured herself while shopping at the store on or about Sept. 15, 2004. She maintains she has already incurred $29,000 in medical bills and expects to incur more. She is asking for a trial by jury.
Case number: 06-C-297

Sept. 14
Chester Harvey and Cindy Harvey v. Penn National Gaming Inc., a corporation d/b/a Charles Town Races and Slots; Charles Town Gaming Limited Liability Company; Penn National Gaming of West Virginia Inc.
d/b/a Charles Town Races and Slots; Charles Town Races
Inc.
PA- Pro se; J-Thomas Steptoe Jr.
* Chester Harvey claims while visiting Charles Town Races and Slots he was struck in the head while entering a restroom on March 21, 2002. Among the injuries he sustained was a fractured skull. Cindy Harvey is suing because her husband can no longer support her because of his injuries. The Harveys are demanding a trial by jury.
Case number: 06-C-306

Sept. 14
Winchester Medical Center v. Anthony Dix
PA- Daniel Booth; J-Thomas Steptoe Jr.
* The hospital is suing Dix for $93, 744.60 in medical bills he has incurred since November of 2005.
Case number: 06-C-307

Sept. 15
Joseph Stevens v. Elizabeth Knott-Cardis
PA-Mark Jenkinson; J-Thomas Steptoe Jr.
* Stevens accuses Knott-Cardis of, among other charges, negligently operating her motor vehicle on Oct. 18, 2004, resulting in his injury. Stevens has $20,455 in medical expenses. He seeks compensatory damages, attorney fees and costs.
Case number: 06-C-308

Deanna D. Plauche v. Tammitha Hinchey and Margaret S. Frausto
PA- Terrance L. Britt; J-Thomas Steptoe Jr.
* Plauche says she was injured in an accident on Dec. 20, 2005, by Hinchey using Frausto’s car. She has lost earnings and is seeking compensatory damages.
Case number: 06-C-310

Sept. 18
Sally A. Beamer v. Michelle L. Cram
PA-James T. Kratovil; J-Thomas Steptoe Jr.
* Beamer says that on Sept. 23, 2004, Cram failed to maintain control of her vehicle, resulting in Beamer’s physical and emotional injuries and lost wages. She seeks compensatory damages.
Case number: 06-C-313

Sept. 21
Randall Blackwell v. Albert David Mirani
PA-Joseph Ferretti; J-Thomas Steptoe Jr.
* Blackwell alleges Mirani was driving carelessly and recklessly in Bolivar that resulted in his injury. He seeks compensatory damages.
Case number: 06-C-314

Sept. 21
Mark L. Grove v. Walter Whitcomb, Elwood Whitcomb Jr.
and Nationwide Mutual Fire and Insurance Co.
PA-Robert D. Aitcheson; J-Thomas Steptoe Jr.
-On or about July 9, Grove was driving a motorcycle that was allegedly hit by a pick-up truck driven by Walter Whitcomb. The truck is owned by Elwood Whitcomb. Grove claims, among other things, that Walter Whitcomb was operating the vehicle while intoxicated. He seeks compensatory and punitive damages.
Case number: 06-C-315

CHARLES TOWN – A lawsuit filed by 20 individuals names River Riders, Inc., as being responsible for a whitewater rafting accident that took place Sept. 30, 2004, and seeks more than $4 million.

Thirteen of the plaintiffs say they were on the raft, while the other seven are suing for loss of consortium with their respective spouses. The suit was filed Sept. 29 in Jefferson Circuit Court.

A separate lawsuit filed Sept. 28 by Kathy Freeman is a wrongful death complaint over the death of her husband Roger.

The 13 survivors who claim to have been on the raft say that “due to high, swift and rough waters, the raft in which (he or she) was a passenger overturned, throwing (her or him) into the Shenandoah River and causing… serious injuries.”

The complaint adds that River Riders’ trip was scheduled to travel down the Shenandoah River from Millville to Brunswick, Md., and consisted of 27 paying customers and five employees.

“At the beginning of the whitewater raft trip, and continuing through the trip, the water level of the Shenandoah River was dangerously high due to the run off of waters from Hurricane Jeannie,” the complaint says.

“The defendant was aware of dangerous conditions on the Shenandoah River, but in violation of the standard of care expected of members of the whitewater guide profession it failed and refused to call off the trip. Instead, it merely shortened its planning time to complete the trip from four hours to two hours.”

Much of the rest of the complaint describes the alleged dumping of the passengers into the river, including the passengers struggling with the strong current of the river.

They claim River Riders was negligent in failing to call off the trip, postpone the trip, recognize the unsafe condition, operate the raft and provide a safe and seaworthy vessel.

The plaintiffs are: Marsha and Samuel Christopher, Lara Crozier, M. Cristina and Alex Echegoyen, Betty and George Green, Katherine Hax, Richi Rastogi, Donald Spears, Karen Trehan, Darryl and Anita Wiley, Carrie and Bradford Muller, Cristina and Timothy Friddle, April Goss and Brian and Victoria Payne.

The combined amount of money the plaintiffs seek in the complaint is $4.25 million.

Each individual involved in the wreck is asking for $300,000, while each loss of consortium claim is for $50,000.

Mark Jenkinson of Burke, Schultz, Harman and Jenkinson in Martinsburg is representing the plaintiffs.

Samuel Byrer of Nichols and Skinner in Charles Town is representing Freeman, who says her husband died in the accident.

Her complaint says Roger Freeman, of Forestville, Md., was dumped into the water when his boat flipped over.

“An employee of River Riders recovered Roger Freeman’s body from the Shenandoah River, at which point three employees of River Riders attempted CPR to revive Roger Freeman,” the complaint says.

“As a direct and proximate result of the defendant’s wrongful acts… Roger Freeman was killed. The cause of Roger Freeman’s death was ruled a drowning.”

Kathy Freeman charges River Riders with negligence, gross negligence, reckless and wanton conduct. She seeks compensatory and punitive damages.

Jefferson Circuit Court case number 06-C-328

Sept. 26
William L. Callaghan Jr. and Diane Callaghan v. BB&T Corporation dba BB&T Bankcard Corporation
PA-James T. Kratovil; J-Thomas Steptoe Jr.
* The Callaghans claim they advised BB&T on June 6 that they were planning to file bankruptcy. However, they claim they were harassed by 17 telephone calls in 18 days from the bank.The couple are asking for statutory damages of $100 to $1,000 for each violation, cancellation of the debt and attorney fees.
Case number: 06-C-322

Sept. 28
John Ferguson Sr. v. Randolf Butler and Roger Weatherholtz
PA-Pro se; J-Thomas Steptoe Jr.
* Ferguson claims Butler asked him to maintain his property located adjacent to his, and he did for 25 years befre Butler sold the land to Weatherholtz. Ferguson claims Weatherholtz damaged his mobile trailer while on the property. He seeks $20,000 for demolishment of Butler’s home and asbestos cleaning, $20,000 for lawn care services, $5,000 for damage to his septic tank and $10,000 for damage to his trailer.
Case number: 06-C-324

Kathy L. Freeman, as Personal Representative of the Estate of Roger Freeman, deceased v. River Riders Inc. and Matthew Knott
PA-F. Samuel Byrer; J-Thomas Steptoe Jr.
* Freeman’s husband, while whitewater rafting on Sept. 30,2004, was killed in an expedition led by River Riders. She claims River Riders knew of the dangerously high flood waters before leading the expedition. She seeks compensatory and punitive damages, plus costs, pre- and post-judgment interest and attorney fees.
Case number: 06-C-325

Sept. 29
Araby Homes LLC and Frederick W. Nowark III, member of Araby Homes LLC and personally v. Melynda S. Wilcom-Stone, member of Araby Homes LLC and personally
PA-James T. Kratovil; J-Thomas Steptoe Jr.
* Nowark is suing to disassociate with Wilcom-Stone and dissolve Araby Homes LLC. He claims she has engaged in wrongful conduct that adversely and materially affected the business. He is asking she be restrained from being 500 feet from the plaintiff’s residence, that the company be dissolved and return of all corporate assets and repayment of debt incurred by Wilcom-Stone.
Case number: 06-C-329

Marsha Christopher, Samuel Christopher, Lara Crozier, M. Cristina Echegoyen, Alex Echegoyen, Betty Green, George Green, Katherine M. Hax, Ruchi Rastogi, Donald E. Spears, Karen Trehan, Darryl Wiley, Anita Wiley, Carrie Harris-Muller, Bradford Muller, Cristina Renee Friddle, Timothy Friddle, April Goss, Brian Payne and Victoria Payne v. Rivers Riders Inc.
PA- Mark Jenkinson and Paul Bekman; J- Thomas Steptoe Jr.
* The plaintiffs are claiming negligence against River Riders for allowing the inexperienced riders to travel in waters at dangerously high flood level during a business trip on Sept. 30, 2004. Thirteen counts are asking for $300,000, while seven counts are asking for $50,000. Plaintiffs demand a trial by jury.
Case number; 06-C-328

Oct.3
H. Robert Borden and Mary Catherine Borden v. James K. Potts, Karen S. Potts, individually, and Christine P. Marshal, Paul W. Marshal and A, B and C, Unknown Persons, as representatives of the class of lot owners in Oakwood Subdivision who oppose plaintiffs’ use of the reserved rights to ways in Oakland Subdivision
PA-Braun Hamstead; J-Thomas Steptoe Jr.
* The Bordens are developing land adjacent to Oakwood Subdivision, and they seek the right the access roads from Oakwood.
Case number: 06-C-334

Oct. 4
Wade Pope Jr. v. Barrie G. Riese
PA-Barry Beck; J-Thomas Steptoe Jr.
* On Oct. 8, 2005, Pope was driving on W.Va. 16 near Shenandoah Junction when he was struck by a vehicle allegedly driven by Riese. Pope claims he suffered severe and permanent pain and mental anguish because of the accident. He is seeking lost income and earnings as well as any special and general damages.
Case number: 06-C-335

CHARLES TOWN – A Jefferson County couple says their Kia minivan was defective, and the air bags failed to deploy during a July accident.

Jason and Lindsey Schaeffer say they had bought the car just two months before the accident, which included their two small children, in a lawsuit filed Oct. 10 in Jefferson Circuit Court.

Kia Motors America and Bill Baisey Automotive are the defendants.

The Schaeffers allege their Kia Sedona’s brakes and air bags were faulty. They say they had previously returned the van to the dealership because of problems with the brakes.

“The Kia was not in merchantable condition when sold to Plaintiffs or at any time thereafter, and was not fit for the ordinary purpose for which a car is used,” the complaint says.

They also claim the defendants breached a warranty that claimed the van was safe for transporting children.

The Schaeffers seek a cancellation of contract and damages for breach of warranty.

“The Kia, as delivered, was without any value and was in fact a dangerous and deadly machine,” the complaint says.

Punitive damages and court costs are also being sought by the Schaeffers, who are represented by Stephen Skinner of Charles Town firm Nichols and Skinner.

Judge Thomas Steptoe has been assigned the case.

Jefferson Circuit Court case number 06-C-341