West Virginia Record

Sunday, July 21, 2019

Huntington National sues Hurricane woman for breach of contract, unjust enrichment

By Kyla Asbury | Aug 25, 2010

WINFIELD -- The Huntington National Bank is suing a Hurricane woman for breach of contract and unjust enrichment.

The bank is the trustee of the Retirement Plan for Employees of Herbert J. Thomas Memorial Hospital, according to a complaint filed Aug. 9 in Putnam Circuit Court.

On June 1, 1998, Dreema F. Hodges ceased her employment with Thomas Memorial and as part of her retirement package, began receiving pension payments in the amount of $590.95 per month until her 65th birthday, according to the suit.

The bank claims the pension payments were to cease after December 2004, but from January 2005 until August 2009, Hodges continued to receive the plan payments, which was an overpayment of her payout election under the pension plan.

Hodges continued to accept the payments until August 2009, even though she was aware that upon her 65th birthday the payments were to cease, according to the suit.

The bank claims Hodges participated in the calculation of her pension payouts and had determined the payout schedule, which meant she knew or should have known the continued payments were not entitled to her. It claims Hodges never notified the bank or Thomas Memorial of the overpayments, nor did she return the money.

The bank is seeking damages in the amount of $33,093.20. It is being represented by Robert L. Bandy.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 10-C-268

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