CHARLESTON — TOM WV LLC and two of its three members are suing the third member for breach of contract.
Renew at Seventh LLC, Terra Bird and Erika N. Kelly were all named as defendants in the suit.
TOM WV LLC, Mark McDaniel and Olga Minenko-McDaniel alleged the defendants breached their contract with the plaintiffs and caused them damages, according to a complaint filed in Kanawha Circuit Court.
The plaintiffs claim on Nov. 3, 2022, the defendants indicated they have no intention of curing their breach of the agreement in the future.
"The defendants have wrongfully maintained possession of the Laser and have used the Laser to generate significant profits and income for their own personal gain without paying compensation rightfully belonging to TOM WV LLC and its members," the complaint states.
In early 2022, Bird met with McDaniel and Minenko-McDaniel at a seminar and expressed interest in obtaining a laser for performing hair removal services, according to the suit.
Bird told the plaintiffs that she already had a business, but could not afford a laser on her own and suggested the three of them form a new company to purchase and operate the laser and then Bird's business would lease the laser from TOM WV LLC, the complaint states.
The plaintiffs claim Bird proposed a $167 daily lease amount and that she would carry all insurance and be responsible for upkeep and damages, however, she failed to obtain insurance and her lack of transparency caused Minenko-McDaniel to propose her withdrawal from TOM WV LLC.
The plaintiffs and defendants finalized the lease agreement terms on Oct. 25, 2022, and Bird was to begin payments on Nov. 1, 2022, however, on Nov. 3, 2022, she notified the defendants that she would not honor the lease agreement, according to the suit.
The defendants breached the contract with the plaintiffs when Bird stated she would not make future payments as required by the agreement, according to the suit.
The plaintiffs are seeking compensatory damages with pre- and post-judgment interest. They are represented by Ray M. Shepard of Pasadena, Md.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 23-C-11