Attorneys Matthew Perry and Michael Meadows of the Huntington, West Virginia office successfully defended a regional restaurateur by obtaining summary judgment on all seventeen counts pled in the complaint. The complaint in part alleged breach of contract stemming from a contractual dispute for the sublease of a restaurant space and the sale of certain equipment. In addition to the contractual claims, the plaintiff pled numerous other equitable and tort-related claims including intentional infliction of emotional distress and defamation, and was seeking punitive damages.
After reaching an impasse at mediation and on the eve of the final pre-trial conference, the court announced its ruling, agreeing that the plaintiff failed to perform under the contract and therefore was unable to pursue the contractual breach claims against the defendant. In addition, the court also agreed with the arguments presented in the defendant’s motion for summary judgment that not only could the equitable counts not be maintained, but that the tort-related claims were barred in part due to the gist of the action doctrine and economic loss rule.