CHARLESTON – Kanawha Circuit Judge Charles E. King is involved in a dispute with a kitchen and bath remodeling company that involves special order kitchen and bath cabinets and other materials for a new residence the judge and his wife are building in Charleston.
King and his wife Phyllis King purchased special order kitchen cabinets to be installed in their new home, according to a complaint filed Jan. 13 in Kanawha Circuit Court.
The Kings claim in the five-month period after ordering the cabinetry, they have paid the defendant $13,500 for the purchase of the cabinetry.
The defendant has now refused to deliver the kitchen cabinets unless they agree to pay him $8,926.94 in additional charges for other merchandise and services the defendant claims are owed, but are subject to legitimate disputes between the parties, according to the suit.
The Kings claim the defendant's conduct amounts to a violation of the West Virginia Consumer Protection laws by causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services; representing that goods or services are of a particular standard, quality or grade, or that goods are if a particular style or model if they are of another; advertising goods or services with intent not to see them as advertised; making false or misleading statements of fact concerning the reasons for, existence of or amounts of price reductions; and engaging in any other conduct with similarly creates a likelihood of confusion or of misunderstanding.
Ronald Lucas, a member of Colonial Woods Kitchen & Bath, filed a countersuit on Feb. 15 against the Kings, claiming the couple has breached their written sales agreement with the company.
On July 27, 2010, King signed a written sales agreement for $21,198 and gave a $10,000 deposit for custom kitchen and master bath cabinetry, custom counter tops and two stock vanities with balance due before delivery, according to the counterclaim.
Lucas claims he notified the Kings by invoice 10 days prior to delivery on Oct. 8, 2010, that the balance was due, but received no response.
On Oct. 7, 2010, the day before the scheduled delivery, Mrs. King called and asked for Lucas to deliver the cabinets to the house and place them in the garage and that Mr. King would be there to receive the cabinetry and pay the balance of the invoice, according to the suit.
Lucas claims Mr. King was not at the house when he arrived, and therefore could not receive the cabinetry or pay the balance, so he returned the products to the warehouse. He claims he has called both of the Kings continuously since that day to get paid and make delivery, since the couple still owed $10,849.27.
Mrs. King ordered additional items on May 17, 2010, in the amount of $3,562.02, and gave Lucas a check for $3,430 on Sept. 9, 2010, which were waiting for delivery, according to the suit.
Lucas claims the Kings also canceled two sink bowls and two Hanex countertops on Oct. 1, 2010, and have already received credit for the items.
"The defendant is ready, willing and able to deliver both orders at any time when balance of $10,849.27 is paid ..." the counterclaim states.
Lucas claims the Kings have breached their written sales agreement with Colonial Woods Kitchen & Bath.
The Kings are seeking compensatory damages. They are being represented by Harvey D. Peyton. Lucas is representing himself.
The case was originally assigned to the 13th Judicial Circuit judges, who have each recused themselves citing that it would be improper to preside over litigation involving King because he is currently a sitting judge of the same court. It has now been assigned to a visiting judge.
The case is scheduled for hearing on May 2.
Kanawha Circuit Court case number: 11-C-69