CHARLESTON — A defendant in a lawsuit that alleged misappropriation of funds is denying the claims against him.
Luther Hanson denies "each and every allegation" in the plaintiff's complaint, Hanson's answer filed in Kanawha Circuit Court states.
"This defendant denies that he caused or contributed to the conversion asserted by the plaintiff and in fact the damages were caused by the actions of the co-defendants Misty Brotherton-Tanner and Lois Brotherton..." Hanson argues in his crossclaim.
Hanson wants to be dismissed from the complaint with prejudice and seeks indemnity from Brotherton-Tanner and Brotherton. Hanson is represented by Floyd M. Sayre III of Bowles Rice in Martinsburg.
Viking Video and Music filed the lawsuit against Hanson, Brotherton-Tanner, Brotherton, White Insurance & Associates, Bobby Mullins and an unknown, unnamed individual in Kanawha Circuit Court.
Hanson has been providing accounting services to Viking for several years and in 2017, Brotherton-Tanner and Brotherton began misappropriating Viking's resources to themselves and other defendants, as well as other unknown entities or persons.
From Jan. 19, 2017, through March 13, 2020, Brotherton and Brotherton-Tanner misappropriated and converted from Viking's account a total of $116,584.11, according to the suit.
From an audit performed on Viking's account, White received the benefit of $45,660.17 of Viking's money that was converted, while Mullins received $135.57, according to the suit.
Viking claims the defendants breached their contract with the company, did not properly supervise employees and were unjustly enriched at the expense of the company.
"Regardless of whether Defendants...were aware the monies they received were Viking's monies, Viking's monies were converted and stolen by other Defendants," the complaint states.
Viking is seeking compensatory damages. It is represented by Michael J. Del Giudice of Ciccarello, Del Giudice & LaFon in Charleston.
The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 21-C-1134