Commercial lawsuits, published November 2009

Posted on 04. Nov, 2009 by nevonnemcdaniels in Shop Talk

The following lawsuits have been filed in Chelan County Superior Court. Plaintiff is listed first.

Readers are cautioned that claims in these actions have not been proven; they are alleged to be causes for actions and their truth will be determined at trial.

Susan Towne v. Public Hospital District #2, doing business as Lake Chelan Community Hospital, and David Bernier

Susan Towne filed a complaint Sept. 24 alleging hostile working conditions destroyed her career and reputation at the Lake Chelan Community Hospital under the administration of David Bernier. Towne claims Bernier practiced discrimination against her due to her age.

She further alleges Bernier stifled her ability to succeed, forged her signature on an evaluation and attempted to pressure her into resigning.

Towne claims the hospital district betrayed its commitments to long-term older employees by allowing her to be forced out of her position and that the district knew or should have known Bernier was abusing public trust and public funds.

She is asking for lost wages, employment benefits, damages for pain, suffering and humiliation and damage to reputation in an amount to be determined by the court. No response filed. Attorney for plaintiff is Dale Foreman.

Allemandi Construction Inc. v. Ecotrac Inc. doing business as Ecotrac Organics Inc.

Ecotrac Inc. hired Allemandi Construction on Aug. 19 to haul materials for the purpose of manufacturing fertilizer and agreed to pay all monthly invoices within 10 days of receipt.

Allemandi Construction filed a complaint Sept. 24 against Ecotrac Inc. stating the defendant has not paid what is owed.

Allemandi is seeking $66,894.54 plus interest, attorney’s fees and costs. No response filed. Attorney for Allemandi Construction is Thomas O’Connell.

Michael Maffei v. Ecotrac Systems Inc., Juli A. Doty and Kenneth Benson, James and Sharon Lodwig, Skyline Properties Inc., BioMass Recovery Systems Inc., Mauricia and John Doe Spring, and unidentified companies to be named hereafter by amendment

On Oct. 23, Michael Maffei filed a complaint alleging that Ecotrac, Mauricia Spring and James Lodwig sabotaged his product and marketing and breached a contract.

The lawsuit also claims Spring and July Doty fraudulently induced him to deal with Ecotrac and Lodwig, resulting in damages to himself.

Further, the complaint states Skyline Properties, Doty and Lodwig breached their fiduciary duty to him in a real estate transaction causing him to lose financing and investors for the purchase of the property.

In addition, Maffei claims Ecotrac, BioMass Recovery Systems Inc., Skyline Properties Inc., Juli Doty Real Estate Associates, Spring and Lodwig interfered with and sabotaged his product, business expectancies and contractual rights and have infringed upon his patent rights.

Maffei is asking for termination of the contract, cessation of defendants’ interference with his product, and an award of damages to be determined at trial, plus reasonable attorney’s fees and costs.

Attorney for plaintiff is Chancey Crowell. No response filed.

Gary and Kathleen Kennedy v. Paul Alan and Julie Ann Walker, Jon and Jane Doe Bumstead, North Central Washington Realty Inc., Barbara and John doe Dodge, Seltzer Inc. doing business as Coldwell Banker Davenport

Gary and Kathleen Kennedy signed an agreement to purchase a house at 165 Brookside Way, Wenatchee, from Paul Alan and Julie Ann Walker on Oct. 16, 2007.

On Sept. 25, 2009, they filed a suit claiming they lost the house to foreclosure due to negligence of the seller. Barbara Dodge of Coldwell Banker Davenport represented the Kennedys in the sale. John Bumstead of NCW Realty Inc. represented the Walkers.

As part of the sale agreement, the Kennedys agreed to pay the Walkers $2,300 a month to take occupancy early, with $100 of each monthly amount going toward the purchase price of the house. The Kennedys also agreed to make a down payment of $50,000.

The Kennedys allege they made the payments, but the Walkers did not apply those payments to the underlying mortgage liens, and as a result, the plaintiffs lost the house in a foreclosure by the lien holders.

The Kennedys ask for judgment against the defendants and recision of the sale of the property with all monies paid returned plus interest and all costs associated with the purchase of the property, and $10,000 for each violation of the Washington Consumer Protection Act as well as an undetermined amount for pain and suffering.

No response filed. Attorney for plaintiff is Scott Kane.

Ken and Carol Roe v. Custom Apple Packers Inc.

Ken and Carol Roe filed a complaint Sept. 30 against Custom Apple Packers Inc. stating Ken Roe was hired by defendant on or about Aug. 10, 1990, and was wrongly terminated by the company on Dec. 12, 2008.

The suit alleges that in 1990, Custom Apple Packers began selling early season apples into Mexico but deliberately defrauded the Mexican importers by falsifying the “Daily Historical Log Sheet” which provides information on the atmospheric conditions within which the fruit is stored.

The trade agreement with Mexico requires that the fruit sold in the early part of the season meet certain temperature requirements.

The Roes claim Custom Apple Packers ordered him to falsify such documents over a period of years and when he refused to comply with the order he was subject to disciplinary actions including less favorable performance evaluations and warning notices before he was ultimately fired.

Roe also claims the defendant did not pay overtime as required by law. Also, on or about Sept. 5, 2008, Roe made a report of legal violations by Custom Apple Packers to the state Department of Labor and Industries and a representative of the state was sent to investigate the claims.

Following the investigation Roe claims the company accused him of intimidating another employee and he was terminated in violation of whistleblower protection.

Roe also claims he suffered an on-the-job injury on Nov. 19, 2008, and the L&I claim was still open when he was terminated.

The Roes are asking for front and back pay, overtime wages, damages for humiliation, personal distress, pain and suffering and reasonable attorney’s fees and costs.

No response filed. Attorney for plaintiff is Scott Volyn.

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