WEST VIRGINIA RECORD

April 6
Radha Geismann vs. Anthony J. McEldowney
PA – Jeffrey J. Gould J – David W. Nibert
* The plaintiff is a St. Louis-based physician, who alleges that the Point Pleasant-based defendant, who is also a physician, sent him unsolicited faxes advertising a "huge hidden profit center." The lawsuit claims sending such unsolicited messages is against Missouri law. The plaintiff alleges that the faxes cost his business toner and paper which would have been otherwise used to receive requested fax messages. The plaintiff also claims some requested messages could not be received due to the faxes being received from the defendant. A default judgment was reached in the circuit court of St. Louis County in the amount of $2,190 due to the defendant's failure to appear for court. The plaintiff is seeking damages in excess of $10,000, in addition to legal fees.
Case number: 06-C-53-N