Charleston attorney sues fitness firm, owner for failure to deliver equipment

By Chris Dickerson and Kyla Asbury | May 10, 2010

Segal

CHARLESTON -- A prominent Charleston attorney is suing Taylor Made Fitness and its owner after he claims they failed to deliver fitness equipment to him.

In early 2009, Scott S. Segal contacted Taylor Made Fitness and spoke with Michael L. Taylor about purchasing exercise equipment, according to a complaint filed May 5 in Kanawha Circuit Court.

On May 4, 2009, Segal claims Taylor Made Fitness issued an invoice/sales receipt detailing the stock number, description and price of the equipment he purchased.

Segal claims on May 11, a check was drawn on Segal's account in the amount of $6,878.20 and was delivered to Taylor Made Fitness.

On May 13, the check was posted as paid on Segal's account, according to the suit.

Segal claims he has contacted Taylor several times by phone and mail regarding delivery of the exercise equipment, but to date the goods and service paid for have not been delivered by the defendant.

I can't get my money back, and I can't get my machine," Segal said Monday. "It's the last thing (filing this lawsuit) I wanted to do, and I can assure we tried everything under the sun for a year. We wrote letters, and I called him personally.

"I bought this piece of equipment locally instead of the on the Internet because I always try to do business with West Virginians. But after a year, I felt I had no other choice. And I feel terrible about it."

Segal is seeking contractual damages in the amount of $6,878.20, incidental damages, compensatory damages, punitive damages and civil penalties. He is being represented by Samuel A. Hrko.

The case has been assigned to Circuit Judge James C. Stucky.

Segal is married to West Virginia Supreme Court of Appeals Chief Justice Robin Jean Davis.

Kanawha Circuit Court case number: 10-C-827

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