KINGWOOD — A woman who was beaten during a robbery at Becky’s last year is suing the business owner and the building owner, saying they failed to provide adequate security measures.
Trina Michelle Kelly filed suit in Preston Circuit Court against Preston LLC — doing business as Becky’s 1 — Dale Davis and John Casalinova. Davis is listed as the managing member and owner of the company and Casalinova as the owner of the Masontown building that houses Becky’s Hot Spot.
Until recently, Becky’s was owned and operated by Dale Davis’s wife, Rebecca Davis, according to the suit.
Becky’s was robbed Dec. 21, 2016, at gunpoint. Timothy Atwood was later charged with being the gunman.
Rebecca “Becky” Davis was charged with second-degree robbery in the incident for arranging the robbery. She entered an Alford plea to grand larceny and conspiracy to commit second-degree robbery in December 2018.
Dale Davis took over ownership and management of the hot spot in June 2018, according to the lawsuit, but had been involved with the business for several years.
Kelly and other employees pleaded with the Davises for several years to install “security cameras and appropriate lighting on and/or around the building as they felt unsafe in the establishment when it was dark.” Nothing was done, according to the suit.
On Oct. 4, 2018, Kelly closed the establishment and left about 4:02 a.m., carrying the nightly deposit.
“There was no light at all in the parking lot. It was completely dark,” according to the suit.
Two men “attacked her, robbed her and repeatedly beat her in the head,” then put her in the front seat of her own vehicle, “in an apparent attempt to steal her car and kidnap her.” Kelly said she was able to open the door and jump out, nearly getting rundown in the process.
Three people were indicted for that robbery: Dwight Howard Clary, Scott Allen Cartwright and Haley Nicole Dinges. Their cases are pending.
Becky’s and Casalinova had a “legal duty and obligation,” to employees and patrons to “ensure a safe environment and safe means of ingress and egress,” Kelly contends. The first robbery should have made this plain, she says in the suit.
The lawsuit also says Preston LLC, doing business as Becky’s 1, “is a sham limited liability company, which warrants piercing the corporate veil.” Kelly does not believe Becky’s carried liability insurance or Workmen’s Compensation coverage on her.
“Fraud, injustice or an inequitable result will occur if the veil is not pierced,” attorney Kevin Tipton wrote in the suit.
No court date has been set for the case. Davis and Casalinova have not yet replied to the suit.
Morgantown Area News
'Tuesday, April 23, 2024'
