Carol Ostrow Jun. 23, 2015, 12:24pm


A financial institution filed a lawsuit against a consulting company and its principal for alleged fiduciary negligence in 2015.

Community Bank of Texas filed a complaint against Essential Medical Consultant Corp., doing business as Essential Medical Diagnostics and DKA Solutions of Bellaire, and Tracey M. Whitley of Richmond in Jefferson County District Court on June 8, claiming liability in a November 2013 financial agreement.

According to the suit, the plaintiff and defendants entered into a promissory note for $45,000 on or about Nov. 26, 2013, wherein the bank lent the sum to DKA and Whitley. The contract was personally guaranteed by Whitley and is documented in the filing.

The complaint states that the defendants have defaulted on the loan, incurring late fees and interest in addition to the initial principal amount; and that they have failed to repay the amount despite requests from the plaintiff.

Community Bank claims breach of contract and quantum meruit, alleging that in making the loan, it expected to be paid.

The plaintiff seeks up to $100,000 in compensation for liquidated damages, judgment for $38,559.17 as the principal amount due, return of its collateral, pre-judgment interest, attorney’s fees, expenses, and costs. The plaintiff is represented by John Pat Parsons of Lindsay, Lindsay and Parsons in Beaumont.

Jefferson County District Court Case B-197221.

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