Robbinsville – Former Town of Robbinsville Interim Finance Officer Micheal Richardson’s small claim case against the Town of Robbinsville was dismissed without prejudice on Friday.
Originally, Richardson sued Robbinsville Town Aldermen Debbie Beasley and Kenneth Hyde individually.
Richardson claims his paid sick time off was previously approved in August 2023 for his Oct. 14, 2023 wrist surgery in a temporary work agreement. Richardson’s grandmother also passed away during this time and he applied for bereavement pay. His suit alleges he did not receive it.
Richardson is seeking a maximum of $10,000, plus interest and reimbursement for court costs.
The amount owed from Oct. 24, 2023 – Nov. 15, 2023 is $5,720, according to the Complaint for Money Owed filed to the Graham County Clerk of Court office.
The board met on Nov. 15, 2023 and determined that Richardson breached an agreement and voted to terminate him, according to an email from Town of Robbinsville Attorney Leo Phillips.
The Graham Star asked Phillips what the breach was; he declined comment.
The original magistrate – Kendall Williams – appointed a Clay County magistrate to the case on Dec. 18, 2023 because of a conflict of interest with the alderman’s attorney, Vicki Teem.
The case was continued Jan. 2, when Clay County Magistrate Dave West determined that the case be dismissed without prejudice.
The court found that the plaintiff failed to prove the case by greater weight of evidence.
In a more common term, West told Richardson that he sued the wrong party, according to Richardson.
So, Richardson refiled and sued the Town of Robbinsville instead. This includes Town of Robbinsville Mayor Shaun Adams, Beasley and Hyde.
Richardson kept the same reasons for the original suit along with his want of $10,000, plus interest and reimbursement for court costs.
All parties were present on Friday as they sat in front of the original magistrate, Williams. She was able to conduct this case without a conflict of interest since the town’s attorney is Phillips.
Williams let Richardson know that the court and the chief judge does not allow more than a $5,000 award.
At the outset, Richardson was steadfast with wanting the $10,000. Williams said the only way more than $5,000 is awarded is if the case goes to Superior Court.
Richardson agreed with the $5,000 saying, “I want to get this over with.”
Phillips stood and gave his motion, to dismiss with prejudice because of Richardson’s failure to claim.
Philips acknowledged that Richardson is acting as his own attorney, compliant to state law.
Phillips observed in the Complaint for Money Owed box that Richardson did not check a box to signify a reason for the suit.
The options on the form are on an account; for goods sold and delivered between; for money lent; on a promissory note; for a worthless check; for a conversation or other.
Richardson was shocked and at first, asked that if Phillips needed more time to prepare, the case can be continued. Phillips scoffed as Williams reviewed the form and agreed with Phillips that a box was not checked.
Williams asked to see the form.
“None of those applied,” said Richardson.
“Then you should have checked ‘other,’” said Williams.
Williams moved that the case be dismissed without prejudice.
“This is why attorney’s are hired for this kind of thing,” said Williams referring to Richardson’s oversight.
Richardson intends to refile and check the “other” box.
While leaving the courthouse, Richardson stated, “Robbinsville politicians are corrupt.”