HUNTINGTON – A Cabell County couple is suing a man after they claim he breached their contract.

On May 22, 2010, Kimberly Smith participated in a Longaberger Bus Tour with the wife of defendant Timothy Campbell, according to a complaint filed Jan. 18 in Cabell Circuit Court.

Smith claims two days later she received a phone call from Campbell, who advised her that he had discovered a collection of baskets that were confiscated for collateral from a bank that he was associated with and that he wished to purchase the baskets for his wife and inquired if the price for the baskets was reasonable.

During the phone call, Campbell advised Smith that there were other items of personal property that were being held by the bank, including a 2007 Cadillac Escalade, according to the suit.

Smith claims Campbell advised her that he was doing computer security work for Whitaker Bank in Hazard, Ky., and could get the vehicle reserved in his name.

On May 26, 2010, Campbell advised Smith and her husband, Walter Earl Smith, that he had checked with the bank and that the payoff for the vehicle was $38,500 and that it retailed for about $60,000, according to the suit.

The Smiths claim Campbell would transfer money from his account in the amount of $11,600 in order to hold the vehicle and remove it from auction and they would reimburse him.

The Smiths provided Campbell with a cashier's check in the amount of $11,600 the following day and were told they would meet him on June 3 and go to the bank together to receive the vehicle, according to the suit.

The couple claims Campbell continued to delay the meeting. They claim after several weeks went by, they requested a refund of the money, but Campbell refused to provide them with the money.

The Smiths claims the defendant falsely presented to them his ability to arrange the transaction and provided them with false information for the sole purpose of obtaining money from them.

The Smiths are seeking compensatory and punitive damages. They are being represented by David P. Moye.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 11-C-21

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