Couple sues Select Energy Services for fraudulent conduct
Kyla Asbury Mar. 7, 2012, 7:48am
WINFIELD -- A couple is suing Select Energy Services for failing to pay for damages done to their vehicle when a drilling apparatus fell from a service truck and struck their vehicle.
On July 24, 2011, Christopher Slemp was on Highway 68 near Morgantown when the defendant negligently failed to secure a drilling apparatus to one of its service trucks, which allowed it to fall into the highway and come into contact with Slemp's 2011 Toyota Rav 4, according to a complaint filed Feb. 3 in Putnam Circuit Court.
Slemp claims as a result of the defendant's negligence, his brand new vehicle sustained damages in excess of $1,600 and he was subjected to significant aggravation, annoyance and inconvenience relating to credit card expenses for repairs and the interruption of his long-planned fishing vacation with his son.
Sometime in October 2011, the defendant contacted Slemp and entered into a settlement contract with him to pay the sum of $1,638.28 to settle his claims conditioned upon the execution of a release and delivery of some tax information, according to the suit.
Slemp claims the defendant wrongfully represented that things such as aggravation, annoyance and inconvenience and credit card fees were not recoverable.
On Oct. 17, 2011, Slemp signed and returned to the defendant a released prepared and presented by the defendant and requested that a check be sent as soon as possible so that they could avoid future credit card charges, according to the suit.
Slemp claims despite his repeated requests, the defendant has intentionally, negligently, fraudulently and in violation of its duty of good faith and fair dealing breached the settlement contract by failing and refusing to satisfy its obligations and send him the money.
As a result of the defendant's deliberate, intentional, fraudulent, negligent and bad faith conduct, Slemp has suffered credit card charges in excess of $500; aggravation; annoyance and inconvenience; and legal fees, according to the suit.
Slemp and his wife, Samantha Slemp, are seeking compensatory and punitive damages. They are being represented by Harvey D. Peyton.
The case has been assigned to Circuit Judge James Holliday.
Putnam Circuit Court case number: 12-C-28