CHARLESTON — A boat storage and maintenance facility is suing Oley J. Burgess III and WeCare Medical LLC, a Greenup County resident and a medical supplies business, citing alleged breach of contract.
Trojan Landing Inc., doing business as Trojan Landing Marine Inc., filed a complaint on May 3 in Kanawha Circuit Court against the defendants, alleging that they failed to pay for fuel, storage and other services provided by the plaintiff.
According to the complaint, the plaintiff alleges that, on June 26, 2014, Trojan Landing Inc. started doing business with the defendants by providing them fuel, storage and other services in connection with the defendants' boat. However, the defendants failed to pay for the above-mentioned goods and services, the suit says. The plaintiff holds the defendants responsible because they allegedly were fully aware of the existing contract they had with the plaintiff, which involved provision of fuel, storage and other services with respect to the defendants' boat.
The plaintiff requests a trial by jury and seeks contractual damages; an award divesting defendants of any and all unjust enrichment; all pre-judgment and post-judgment interest allowed by law; and all such other and further relief as the court deems just and proper. They are represented by Michael W. Carey and David R. Pogue of Carey, Scott, Douglas & Kessler, PLLC in Charleston.
Kanawha Circuit Court Case number 16-c-654
