CHARLESTON – A Putnam County man claims a Morgantown attorney harassed him during a deposition.
Stephen Upton filed his complaint against attorney Heather M. Noel, the law firm of MacCorkle Lavender and Walmart Inc. in Kanawha Circuit Court.
According to the complaint, Upton filed another civil lawsuit against Walmart regarding his online information – including identity and money – being stolen by an unknown third-party through Walmart’s website. He says Walmart agreed to reimburse him the money stolen but failed to do so. That’s when he filed his original pro se suit in Putnam Circuit Court. It later was removed to federal court. A federal magistrate has recommended the case be remanded back to state court.
On Feb. 13, 2020, Upton says he was deposed by Noel at MacCorkle Lavender’s Charleston office. He says most of the questions asked during the four-hour deposition “had nothing to do with the case or surrounding facts.”
Instead, he says the questions focused on his minor children, his intimate personal life, the personal and professional life of his family and his professional life “to include demanding plaintiff breach the confidentiality of his profession and business practices.”
Upton says Noel became argumentative numerous times and demanded he answer questions such as the ages of his children, how many children he has, who he shares a bed with, who the mother of his children are, if Upton and his children “were the parties to a sealed family court case that defendant Noel ha in her current possession and waved in front of plaintiff as coercion.” He says there also were questions stemming directly from the family court case that included sensitive facts and confidential details.
“Due to the allegations contained in the family court case, defendants conspired together for a common goal to embarrass, oppress and harass plaintiff through maliciously abusing process in plaintiff’s action against Walmart,” the complaint states. “The questions asked and information gained by defendants could only serve malicious purposes.”
Upton accuses the defendants of intentional and reckless infliction of emotional distress, harassment and malicious use of process.
He says he has suffered compensatory, special, incidental, consequential and general damages including legal fees, lost employment income, mental anguish, loss of enjoyment of life, inconvenience, loss of opportunity, future lost wages, medical expenses, annoyance and aggravation. He also seeks punitive damages, attorney fees, court costs and other relief.
As with the case against Walmart, Upton is representing himself. The case has been assigned to Circuit Judge Carrie Webster.
Noel declined to comment on the case.
Kanawha Circuit Court case number 20-C-312