A local man is suing a cosmetics company for breach of contract
A local man is suing a cosmetics company for breach of contract, saying the charitable foundation formed in his late wife’s memory is owed more than $200,000 from makeup sales.
At the center of the suit brought against Trish McEvoy Ltd. by Glen Meadow Road resident Thomas Duncan is a line of compact cosmetics dubbed “The Prettiest,” which was marketed with a photo of Duncan’s family on the back of the package.
Duncan’s wife, Ann Marie Sava-Duncan, was a regional sales manager with Trish McEvoy for 14 years before dying of cervical cancer in 2006 at the age of 44. After her death, her husband agreed to let the New York cosmetics company use a picture of the family on the package of the compacts, with the proceeds benefiting a foundation in his wife’s name.
The Ann Marie Sava-Duncan Foundation was formed in 2007 to help fund cervical cancer research.
“She was one of their top managers,” said attorney Matthew Caffrey, who is representing Duncan and his two sons, Thomas III and Romano. “She loved the company. She loved working for them and they loved her. I think that’s how this (product) came to be. The feeling was mutual.”
To date, $45,000 has been paid by Trish McEvoy to the foundation, according to court documents. Caffrey said the foundation is still owed more than $200,000 based on sales of “The Prettiest” product line.
Duncan also seeks $400,000 in punitive damages. The suit was filed in Lawrence District Court in June, but has since been transferred to U.S. District Court in Boston at the request of the cosmetics company’s lawyers.
Boston attorney Liam Floyd, who represents Trish McEvoy, said the company did not want to comment on the suit.
Duncan also chose not to comment, preferring to have his lawyer speak for him.
“He’s angry about how this went down,” Caffrey said.
Caffrey said no agreement was put in writing between Duncan and the cosmetics company.
“He trusted them,” the lawyer said. “This all happened in a context that was emotionally charged. There was an understanding here and an agreement to let them use those images for charity purposes. I still don’t know why Trish McEvoy won’t provide us with some basic accounting.”
After receiving “sporadic checks” totaling $45,000, without explanation, Caffrey said Duncan hired a lawyer in an effort to force the company to provide sales information for the product line bearing his family’s image.
In the lawsuit, Caffrey writes that it is believed that Trish McEvoy has sold 5,000 units of the compacts at a retail sales price of at least $99 per compact. Gross sales total $495,000, with profits of at least $250,000. He said the projected sales information was collected from Trish McEvoy employees.
“We tried to do our own calculations based on what we were hearing,” Caffrey said. “We heard the line was doing very well.”
He said he assumes the cosmetics company has a computerized accounting system.
“With the push of a couple of buttons, they could probably tell you how a particular product did on a given day,” Caffrey said. “They won’t do that. We don’t know why.”
Tanya Hutchison, a Detroit native and mother of five, won TV Land’s competition this summer for middle-aged models on “She’s Got the Look” with Kim Alexis.
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What contributed to her win, she says, is the confidence she developed while dealing with the reality show of her youth, growing up with a mother who struggled with drug abuse.
Tanya, who graduated from Western Michigan University, credits teachers and coaches at Highland Park High School for believing in her when she doubted herself.
At home: Tanya lives in Orange County, Calif., a mother to four sons and one daughter, ages 8-16. She met her husband of 18 years, Charles Hutchison, on a Valentine’s Day blind date in Los Angeles.
Before TV Land: Tanya was a former Ebony Fashion Fair model. She also produced fashion shows, etiquette seminars and pageants and started a nonprofit called Phenomenal Women Inc. An essay she wrote — “Never Ever Give Up” — was published in “Chicken Soup for the African American Woman’s Soul.”
What she won: She has a contract with the Wilhelmina Models and a spread in the August issue of Self magazine.
What it feels like: It’s a sense of accomplishment,” says Tanya, “just knowing that if you stay true to yourself and believe in yourself, the impossible can happen.”
Beauty dos: “First thing in the morning, I wash my face and head to the gym. That stimulates my inner body and mind, and it makes me feel awesome.”
Childhood obstacles: “People see me and think: ‘She’s had a charmed life,’ ” says Tanya. “I grew up in Detroit with a mother that was not very responsible. I was left alone, and my siblings and I were placed in foster care. I was legally adopted by my grandparents and was reared by them.”
What a mentor can mean: “What kind of turned it around for me were the mentors I had at Highland Park High school. My basketball coach was like the father I didn’t have.” Tanya is talking about Darrell Pursiful, and his wife, Lola. “I often thank him for taking a special interest in me, and … all the teammates. … He tells you the good things you’re doing when your life isn’t that good.”
Local and meaningful recognition: Before she hit the TV screen, Tanya was recognized by friends in Highland Park. “Of all my accomplishments, being inducted into the Highland Park High Alumni Hall of Fame was one of my most memorable accomplishments.”
Focused and fearless: “I set goals. And I’m just very organized. … I just believe that there are certain things that need to be done. … On one of the shows, they teased me about being a perfectionist. … I think it’s more striving for excellence … just doing well in what I do.”
Makeup matters: “I don’t feel I always have to have makeup on. … People relate to your flaws. …When you show you’re not together all the time, then they’re more likely to latch on to you. … There are some women at 5 a.m. who come to the gym all made up, and I’m thinking, ‘Take it off, lady.’ ”
Do her kids care that “you got the look”? “Heck no; I’m just mom and chauffeur and cook and maid.”