HUNTINGTON – Marshall University is suing over claims a bus company contracted to transport students to New York City failed to show up.

The university filed a lawsuit July 24 in Cabell Circuit Court against Cav's Coach Co. LLC, citing breach of contract.

According to the complaint, Marshall University's student activities program contracted Cav's Coach Co. for $3,900 on Feb. 5 to transport students from Huntington to New York City to attend Broadway plays. The complaint states no coach showed up May 2, the day the trip was scheduled, and $7,500 in non-refundable Broadway play tickets were wasted.

Marshall University also says Cav's Coach agreed to reimburse the charge and asked for more information on reimbursing the tickets, but has failed to pay for either.

Marshall University is seeking reimbursement for the price of the coach and the tickets.

It is being represented in the case by attorney Scott E. Johnson of the West Virginia Higher Education Policy Commission Legal Division in Charleston. The case has been assigned to Circuit Judge F. Jane Hustead.

Earlier this month, West Virginia Attorney General Patrick Morrisey's office filed a petition for contempt against Cav's Coach, claiming it violated a court order requiring it to refund money from a cancelled school field trip to a Roane County elementary school for a cancelled school trip.

In January 2013, Cav’s Coach agreed to pay back $7,800 after Reedy Elementary School’s 2010 charter bus trip to New York City was cancelled. As part of the agreement, the company said it would provide $6,800 in refunds to consumers who were stranded for hours after the company’s buses broke down and could not be repaired or replaced. The company also agreed to pay $1,000 in civil penalties to the Attorney General’s Office.

Originally, Cav’s Coach agreed to a payment plan of $650 a month until the $7,800 amount was refunded in full. However, Cav’s Coach only made three payments in 2013 and two payments in 2014 leaving a balance owed of $4,550.

Cabell Circuit Court Case No. 14-C-520

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