CHARLESTON — A man and two companies are suing City National Bank and Arnett Carbis Toothman LLP alleging their wrongful conduct caused him damages.
Debbie Knight, Patrick Fisher and Joshua Felty were also named as defendants in the suit.
David A. Rubio, Imagine Medispa and Rubio & Associates claim that damages occurred due to the defendants' intentional, malicious, fraudulent and professionally negligent conduct, according to a complaint filed in Kanawha Circuit Court.
The plaintiffs claim the cause of action in the complaint was previously the subject of a 2018 lawsuit and that suit attempted to secure damages for Rubio for injuries. The case was dismissed in 2020.
"The plaintiffs' assessment and development of a proper presentation of the injuries suffered by the plaintiffs is still underway..." the complaint states.
The plaintiffs claim the thefts and embezzlement accomplished by Fisher, Felty and/or Knight caused them harm. Because of Fisher, Rubio has lost approximately $200,000 in income and penalties and interest on federal, state and local tax assessments due to Fisher's dishonestly in the amount of approximately $800,000.
Arnett Carbis Toothman failed to vet, train and supervise Knight and negligently failed to properly supervise her. They claim City National Bank was negligent for failing to train its employees, according to the suit.
The plaintiffs allege the defendants caused them damages.
The plaintiffs are seeking compensatory and punitive damages. They are represented by David R. Karr Jr. in Charleston.
The case is assigned to Circuit Judge Maryclaire Akers.
Kanawha Circuit Court case number: 21-C-1171