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Lawsuit Section
Sidney Daily News - 09/01/2000
Couple ordered to pay for
delay in Way case
Attorneys for a couple suing The Way
International were ordered to pay $300 to defense attorneys because court papers
were filed late, Judge John D. Schmitt ruled in Shelby County Common Pleas
Court.
Former employees of The Way, 5555
Wierwille Road, New Knoxville, Mrs. Allen and Mr. Allen claim they suffered
humiliation, embarrassment and stress at the hands of The Way officials, and
that officials attempted to "coerce" Mrs. Allen into engaging in
sexual activity with the Rev. L. Craig Martindale, former president, between
1996 and 1999. The Allens resigned as employees of The Way in 1999.
‘Too severe’
The Way had sought dismissal of the case
or sanctions against the Allens, but Schmitt said in his ruling last week that
this request was "too severe." However, because defense attorneys
filed motions because of late paperwork, Schmitt ordered the plaintiffs to
"reimburse" the defense $300 in attorneys’ fees.
Martindale is named a defendant in the
lawsuit along with the Rev. Rosalie F. Rivenbark. Martindale resigned as The Way
president soon after the complaint was filed and was replaced by Rivenbark.
Martindale claims he and Mrs. Allen had a consensual affair.
In the motion filed in July, attorneys for
The Way claim the plaintiffs’ attorneys have not produced any documents
requested nor answered some questions properly. Documents sought include
employment contracts, any psychological treatment, information about witnesses,
responses to some questions and information about an Internet site operated by
the Allens known as WayDale.
Effort to answer
Responding to the motion, Cleveland
attorney James E. Burns noted his clients answered all but five of the 28
questions posed by The Way. Since the initial responses, the plaintiffs have
made an effort to answer the questions more fully. The Way should have other
information already available, Burns indicated.
Burns admitted attorneys were late in
responding to requests from attorneys for The Way, but any tardiness was not
intentional.
The Allens are seeking $2 million on a
claim of breach of contract and additional damages on other claims. They also
claim The Way officials defrauded them of money, conspired against them and
damaged their reputations. They claim damages totaling $56 million. They also
claim the "mark and avoid" designation ordered by The Way leaders on
former members defamed them. The Way denies this allegation.
Trial in the case has been scheduled to
begin Nov. 8.
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