CHARLESTON — A woman and trust are suing Cryofix WV claiming they defaulted on a loan.
By written lease agreement, the plaintiffs, Betty G. Linger and the R. Brawley Tracy Family Trust, leased premises in Charleston to Cryofix for a five-year and 17-day term beginning Aug. 15, 2018, and ending Aug. 31, 2023, according to a complaint filed in Kanawha Circuit Court.
Cryofix defaulted on the lease in January 2022 and has failed to pay the default. The defendants have vacated the premises but refuse to pay the past-due amounts, according to the suit.
"As of the date of the filing of this complaint, the amount of past due rent and other allowed items under the Lease, exclusive of attorney's fees and expenses, total to $30,000..." the complaint states.
Cryofix was organized and operated as a mere tool or business conduit of Downey and Downey is the alter ego of Cryofix, according to the suit.
The plaintiffs claim Cryofix was not and is not adequately capitalized for the reasonable expenses and risks of its business. They claim Downey engaged in commingling of personal and company assets.
The plaintiffs are seeking damages of $30,000. The plaintiffs are represented by Jonathan Nicol of Kay Casto & Chaney in Charleston.
The case is assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number: 23-C-908
