Metal stamping company claims software has not worked as represented

By Philip Gonzales | Oct 18, 2017

RIPLEY – A Ravenswood precision metal stamping company alleges it has suffered damages of no less than $400,000 because of software installed by an Ohio company.

K.S. of West Virginia Co. LTD filed a complaint Sept. 20 in Jackson Circuit Court against MSI International LLC and William C. Allio alleging breach of contract and fraudulent inducement.

According to the complaint, the plaintiff alleges that on Feb. 20, 2015, it entered into a contract to use defendants' PowerShop ERP software for $28,125 and Sybase SQL database for $1,000, plus maintenance fee and software updates for $5,625. Since installation, the plaintiff alleges that it learned that the defendants installed an outdated software version and that it has not functioned as represented. 

The plaintiff holds MSI International LLC and Allio responsible because the defendants allegedly made false statements to induce the plaintiff to enter into a license agreement.

The plaintiff requests a trial by jury and seeks damages of more than $400,000, punitive damages, pre- and post-judgment interest, costs and attorney's fees and such other just and proper relief. It is represented by Andrew G. Fusco and Jeffrey A. Ray of Bowles Rice LLP in Morgantown. The case has been assigned to Circuit Judge Lora Dyer.

Jackson Circuit Court case number 17-C-99

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