Monday, November 28, 2016

Lawsuit: Property Owner Seeks Over $400K In Damages After Allegedly Being Duped Into Signing Over Deed To Mineral & Gas Rights When She Lacked The Mental Capacity To Do So

In Marshall County, West Virginia, the West Virginia Record reports:
  • A Belmont County, Ohio, woman alleges she was persuaded to sign a deed for mineral and gas rights in Marshall County when she did not have the mental capacity to do so.

    Patricia Lee Ward, by her power of attorney Deborah Salem, filed a complaint on Oct. 21 in Marshall Circuit Court against Mountaineer Center LLC, James F. Tekely Jr., Vickie L. Markey, Gerald S. Mendleson and Louis Gay Lucci alleging fraud and breach of contract.

    According to the complaint, the plaintiff alleges that she suffered loss of income in upfront money and oil and gas royalties in an amount exceeding $400,000. The plaintiff holds Mountaineer Center LLC, Tekely Jr., Markey, Mendleson and Lucci responsible because the defendants allegedly made plaintiff to sign documents which she didn't understand and without her power of attorney and failed to pay proper considerations.

    The plaintiff requests a trial by jury and seeks judgment against defendants for compensatory damages, pre- and post-judgment interest, attorney's fees and cost and such other relief as the court deems just and proper.

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