Pneumex challenges man's lawsuit

SANDPOINT — A Sandpoint-based manufacturer of physical therapy equipment is disputing a Briton’s claims that he was hired by the company under false pretenses and denied wages.

Counsel for Pneumex Inc. contends David Mabelle was never an employee and had no legally binding employment contract with the company, according to documents filed in 1st District Court.

Mabelle filed suit against Pneumex late last year, claiming that he relocated from the United Kingdom after accepting job as the company’s chief technology officer. He alleges Pneumex hired him with a starting monthly salary of $10,000 and the company later repeatedly tried to modify the terms of his employment agreement and benefits.

Mabelle, who is acting as his own counsel in the matter, claims he went on vacation last summer and upon his return was advised by Pneumex that there was no more work for him and the company balked at paying his full salary.

Mabelle cites five causes of action in the suit, including breach of contract, fraudulent inducement, unfair dealings, wage law violations and intentional infliction of emotional distress.

Mabelle asserts in the suit that Pneumex overstated its profitability, U.S. Food & Drug Administration approval of products and on-board investors. Mabelle further claims that the company understated its debt load.

Pneumex’s attorney, Larry Purviance, filed an answer to the complaint earlier this month to dispute Mabelle’s claims. A counterclaim for libel was also filed by Purviance, who alleges that Mabelle used the company’s e-mail system to send messages to employees and board members which claimed that the Sandpoint company was in ruins.

Purviance alleges Mabelle made the statements even though he knew them to be false, according to the counterclaim.