Titus Sues Redpath
July 28, 2016 at 4:25 p.m.
By Jen [email protected]
JK Titus Inc, which owns and operates Titus Funeral Home, Warsaw, filed a lawsuit in Kosciusko Circuit Court against Redpath-Fruth Funeral Home LLC, Ronald and Patricia Redpath and John Fruth, requesting a judgment of $1,566,797.55 plus attorney fees and all other related costs to be awarded by a jury.
The suit claims that the Redpaths and Fruth intentionally damaged Titus' business contracts, specifically the pre-needs plans of existing customers.[[In-content Ad]]In the complaint, Titus alleges the Redpaths and Fruth influenced customers to move preneeds arrangements, took the computer that housed the information regarding the preneeds clients and expressed intent to "put Titus out of business."
Before May 4, 2007, Titus Funeral Home was owned by Alderwoods (Indiana) Inc., a Texas Corporation. On May 4, 2007, the funeral home was sold to JK Titus Inc.
Prior to the sale of the business, the Redpaths and Fruth were employed by Titus Funeral Home.
John Fruth's employment with the company was terminated April 20, 2007; Ronald Redpath was terminated Dec. 18, 2006; and Patricia Redpath was terminated May 4, 2007.
Titus claims that part of the assets purchased from Alderwoods included contracts for pre-paid funeral services and merchandise. On each of the contracts, Titus Funeral Home was the "designated funeral home" to provide the services.
According to the suit, "...Preneeds have value to the funeral home so designated upon them and were a part of the consideration for Titus purchasing Titus Funeral Home from Alderwoods."
The case goes on to state that Titus "is informed and verily believes that among assets to be transferred to it by Alderwoods in consideration for its purchase was a computer containing a complete list of all of Titus Funeral Home's Preneeds (the 'Preneeds computer').
"That Patricia, Ronald and/or John did actively work, without the knowledge of Titus to secure from clients of Titus Funeral Home ... to other funeral homes, namely, the Earl-Grossman Funeral Home and the yet to open Redpath-Fruth Funeral Home. Further, that Patricia, Ronald, and/or John succeeded in said manner in causing many of said preneeds to be transferred to one or the other of said funeral homes after the purchase of Titus Funeral home by Titus."
The suit also claims that the Redpaths and/or Fruth removed the preneeds computer from Titus and used the information themselves.
Titus claims that since Titus Funeral Home was the designated funeral home for the preneeds of those clients, that "Titus had a valid business relationship" with each of the clients and that the Redpaths and Fruth "did intentionally interfere with many of said relationships by inducing the clients to request that their preneeds be transferred from Titus Funeral Home to Redpath-Fruth Funeral Home."
According to the lawsuit, "there was no justification for said interference with any of said relationships" by the Redpaths or Fruth, and that the defendants committed illegal actions to cause clients to move their preneeds arrangements.
The suit also claims "that Ronald, Patricia, John and Redpath-Fruth, through Ronald, expressed their intent to put Titus out of business."
The suit originally named Alderwoods (Indiana) Inc. and Service Corporation International as defendants in the suit; however, both were dismissed from the suit April 29.
JK Titus Inc, which owns and operates Titus Funeral Home, Warsaw, filed a lawsuit in Kosciusko Circuit Court against Redpath-Fruth Funeral Home LLC, Ronald and Patricia Redpath and John Fruth, requesting a judgment of $1,566,797.55 plus attorney fees and all other related costs to be awarded by a jury.
The suit claims that the Redpaths and Fruth intentionally damaged Titus' business contracts, specifically the pre-needs plans of existing customers.[[In-content Ad]]In the complaint, Titus alleges the Redpaths and Fruth influenced customers to move preneeds arrangements, took the computer that housed the information regarding the preneeds clients and expressed intent to "put Titus out of business."
Before May 4, 2007, Titus Funeral Home was owned by Alderwoods (Indiana) Inc., a Texas Corporation. On May 4, 2007, the funeral home was sold to JK Titus Inc.
Prior to the sale of the business, the Redpaths and Fruth were employed by Titus Funeral Home.
John Fruth's employment with the company was terminated April 20, 2007; Ronald Redpath was terminated Dec. 18, 2006; and Patricia Redpath was terminated May 4, 2007.
Titus claims that part of the assets purchased from Alderwoods included contracts for pre-paid funeral services and merchandise. On each of the contracts, Titus Funeral Home was the "designated funeral home" to provide the services.
According to the suit, "...Preneeds have value to the funeral home so designated upon them and were a part of the consideration for Titus purchasing Titus Funeral Home from Alderwoods."
The case goes on to state that Titus "is informed and verily believes that among assets to be transferred to it by Alderwoods in consideration for its purchase was a computer containing a complete list of all of Titus Funeral Home's Preneeds (the 'Preneeds computer').
"That Patricia, Ronald and/or John did actively work, without the knowledge of Titus to secure from clients of Titus Funeral Home ... to other funeral homes, namely, the Earl-Grossman Funeral Home and the yet to open Redpath-Fruth Funeral Home. Further, that Patricia, Ronald, and/or John succeeded in said manner in causing many of said preneeds to be transferred to one or the other of said funeral homes after the purchase of Titus Funeral home by Titus."
The suit also claims that the Redpaths and/or Fruth removed the preneeds computer from Titus and used the information themselves.
Titus claims that since Titus Funeral Home was the designated funeral home for the preneeds of those clients, that "Titus had a valid business relationship" with each of the clients and that the Redpaths and Fruth "did intentionally interfere with many of said relationships by inducing the clients to request that their preneeds be transferred from Titus Funeral Home to Redpath-Fruth Funeral Home."
According to the lawsuit, "there was no justification for said interference with any of said relationships" by the Redpaths or Fruth, and that the defendants committed illegal actions to cause clients to move their preneeds arrangements.
The suit also claims "that Ronald, Patricia, John and Redpath-Fruth, through Ronald, expressed their intent to put Titus out of business."
The suit originally named Alderwoods (Indiana) Inc. and Service Corporation International as defendants in the suit; however, both were dismissed from the suit April 29.
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