HUNTINGTON - A Wood County-based business has filed a breach of contract lawsuit against the Huntington franchise owners, whom include Powerball winner Jack Whittaker, of a Uno Chicago Grill.
Architectural Interior Products filed the claim March 28 in Cabell Circuit Court.
AIP charges that Steve Neu, David Saul, Whittaker and Bruce Panley, individually and doing business as Absolut-Huntington, LLC, have failed to pay up for commercial building products purchased from AIP's Dunbar office.
"Upon information and belief, the only reason defendants have not fully paid AIP for materials is because defendants simply refuse to pay," the complaint says.
AIP claims that in the past six months, the defendants contracted to purchase various building products from it. On Oct. 5, they promised to make timely payments to AIP.
AIP maintains that they have not made timely payments, though the promise of such previously prevented them from pursuing litigation.
"Defendants' conduct in refusing to pay the money owed in arrears has caused AIP to suffer further losses and expenditures, including but not limited to attorney's fees, loss of the value of money owed to it, loss of the use of money owed to it and annoyance, aggravation and inconvenience," the complaint says.
AIP is seeking $3,777.25. Vienna Attorney Todd Wiseman says his lawsuit is strictly against the franchise owners and not against the Pizzeria Uno corporation.
Whittaker won a $315 million Powerball jackpot in December 2002.
Judge John L. Cummings has been assigned the case.
Cabell Circuit Court case number: 06-C-208