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Mother of Autistic Children Sues Investor Rob Finlay For Claims Including Fraud and AssaultAug 20, 2010 (PRWeb.com via COMTEX) -- There are so many challenges for a parent with a child with autism. To even be alleviated of one concern is reason to celebrate. When Christine Ingemi, a mother of two autistic children, noticed that her kids were listening to their MP3 players too loud she realized that it could not be good for their hearing. The fact that two of her kids, being autistic, were not able to verbalize that the music was too loud and hurting their ears magnified the problem. So she invented a safe volume headphone and earbuds. Autistic children, as well as all children, do not know how loud is too loud. The safe volume headphone limits the volume at 85 decibels, the safe listening level determined by ASHA, no matter how much the volume is turned up on any audio device including mp3 players, stereos, video games, computers, tv's etc... thus preventing noise induced hearing loss. Sure it was challenging for Ingemi to learn how to file applications to patent her idea, make prototypes, create cad designs, find ethical manufacturing, learn how to design packaging, and then take an idea and make it an actual product available for the public that was approved by ASHA and board certified audiologists, but she did it. It was a very personal venture for her children that they were a part of helping other children. Ingemi even included her children on her advertisement and packaging. With thousands sold via internet and a licensing deal of 100,000 units Ingemi was able to show in a very short time that she had a wonderful idea and a very viable and useful product. Not surprisingly, Ingemi and her product started to gain recognition and she had been featured on many news casts regarding her invention including ABC News, NECN, and WMUR to name a few. She was on national television shows including several appearances on CNBC's The Big Idea with Donny Deutsch. She had received several awards including a Finalist in Modern Marvels Invent Now Challenge seen on The History Channel whose judges included Steve Wozniak (Woz) co-founder of Apple Computer, Inc, and a Pogie Award from tech guru David Pogue. Ingemi and her invention were also featured in the Boston Globe, Boston Herald, Nashua Telegraph, Union Leader, The New York Times, USA Today, Parenting Magazine, New Hampshire Business Magazine amongst others. Ingemi also received a Commendation from NH Governor John Lynch for her invention. All this recognition led to Ingemi keynote speaking for Women's Business Conventions and Invention Conventions across the country sharing with others the information she had learned on how to turn an idea into a product. She had interested buyers that she was speaking with to place her product in the big retail stores including Walmart, Target and Radio Shack. Ingemi only lacked funding to manufacture the large volume that the big retail stores would require. Ingemi had several interested investors. One in particular was Rob Finlay (http://www.finlaymotorsports.com/ftm.html) of Peterborough, NH. Ingemi made clear to interested investors "my hopes are to fund Autism Research through the proceeds from sales of the product." In court documents Ingemi claims Hillcrest and Finlay enticed her to enter a Asset Purchase Agreement (the APA) and Employment Contract with the entity they created, iHearSafe, LLC (http://www.ihearsafe.com/shoppingcart.asp?Check=True), maintaining that they had the resources, expertise and interest in the Product to market it, capitalize it and make money, yet the entity the investor created, iHearSafe, LLC, reports on their website they are not accepting orders and have recalled their product over a year ago. According to court documents shortly after her employment began, Ingemi alleges Finlay repeatedly made sexual advances and she rejected his unwanted touching. On one occasion, Finlay flew Ingemi in his private plane to New York to meet with The Dilenschneider Group, Inc (http://www.dilenschneider.com/). and his business associate Robert Dilenshneider. Ingemi alleges that Finlay made sexual advances towards her on this business trip. Court documents show Ingemi alleges that Finlay stated to her that he would not sell the product and in fact would destroy the product, sue her, and keep her company if she would not comply with his sexual advances. Ingemi claims because she did not comply with his sexual advances he followed through on his threats, disregarding her objective to fund autism research through the sales of the product as well as obstructing a viable product that would benefit all children. Court documents show under the APA Ingemi was to make three million dollars beyond an initial payout of $850,000 and another $150,000.00 to be held in a separate account. Ingemi was also under an employment contract that provided a two year employment. Ingemi claims the only way she could be terminated without forfeiture and extreme penalty was if she died, or if she was fired for no cause. If she was fired for cause the APA provided that she would then suffer loss of income, employment, further payment of the three million, and repayment of an unreasonable pro-rata amount thereof of the initial payout and loss of her assets of her company. It states in court documents Ingemi is claiming significant wrongdoing and bad faith in her termination for cause. Ingemi alleges the only reason she was terminated for cause was to enrich Finlay and a for cause termination triggered a grossly unfair forfeiture. Ingemi was sued by iHearSafe, LLC on April 24th, 2009 for Breach of Contract. Managing Partner of Hillcrest Management Dan Monfried signed the Verified Complaint with a motion to attach $150,000.00 of Ingemi's money. Ingemi's Counterclaims and Crossclaims to iHearSafe, LLC and Third Party Hillcrest Management, Robert Finlay include, Fraud, Breach of Contract, Specific Performance, Intentional Misrepresentation, Negligent Misrepresentation, Breach of Implied Duty of Good Faith and Fair Dealing, Wrongful Discharge, Assault, Promissory Estopple, Equitable Estoppel according to court records. Court records show Ingemi's Motion to add Third Party Hillcrest Management and Robert Finlay was granted. Daniel M. Monfried along with Robert J. Finlay is reported as the Managing Partners of Hillcrest Managment, LLC (http://www.hillcm.com/about_us.php)at 29 Armory Road, Milford, NH on their website. They list iHearSafe, LLC as a Hillcrest Management portfolio company. Hillcrest Management, LLC changed their name to R.J. Finlay & Co., Inc. (http://www.rjfinlayco.com/) in the middle of litigation after Hilllcrest had been motioned in. R.J. Finlay & Co., Inc. f/k/a Hillcrest Management, LLC has now been motioned into the case as well according to court records. Court documents show Ingemi claims they had discretion over whether and when Ingemi could earn her three million. It is alleged that they now have sabotaged the product by recall, they took down the offices and they attempt to fool the Court that they can do so without the barest attempts to fulfill their duties to Ingemi. Both iHearSafe, LLC and Christine Ingemi's cross and counterclaims are scheduled for trial in Febuary, 2011 in The State of New Hampshire, Merrimack, SS Superior Court Business Court, Docket No. 2010-C5011, iHearSafe, LLC v. Christine Ingemi ### Read the full story at http://www.prweb.com/releases/2010/08/prweb4408924.htm. PRWeb.com |