KINGWOOD — Two Preston County residents are suing MVB Bank Inc. Rosalba Nutter and Derrick Pritt, loan servicer, employee and contractor, respectively, citing alleged negligence, fraud, misappropriation and unjust enrichment.
Robert Lemley and Karen D. Lemley filed a complaint on Aug. 3 in Preston Circuit Court against the defendants, alleging that they breached their contractual obligations for not completing a construction project.
According to the complaint, the plaintiffs allege that on Jan. 22, 2016, they entered into a construction contract with Pritt's construction company, Residential Creations LLC, for the construction of a new home for $325,000. Pritt's actions caused them to suffer economic damages for non-completion of the project, emotional distress and annoyance, they claim. The plaintiffs holds MVB Bank Inc., Nutter and Pritt responsible because Pritt allegedly used the proceeds for personal expenses, Nutter allegedly breached her duty of reasonable care when she issued the requested draw funds, and MVB allegedly failed to disclose the progress of the project.
The plaintiffs request a trial by jury and seek judgment against the defendants in an amount to be determined at trial, an award for punitive damages, pre- and post-judgment interest, and such other relief as the judge shall find fair and just. They are represented by R. Dean Hartley and David B. Lunsford of Hartley & O'Brien PLLC in Wheeling.
Preston Circuit Court Case number 16-c-145