CHARLESTON — West Virginia Attorney General Patrick Morrisey's office is suing a firewood supplier, alleging breach of implied warranty.
The state of West Virginia, ex rel state Attorney General Patrick Morrisey filed a complaint in Kanawha Circuit Court against New River Firewood LLC, Power Trust Equipment LLC, James L. Sowder; Cynthia M. Sowder and Jerry M. Zimmerman, alleging violation of the West Virginia Consumer Credit and Protection Act.
According to the complaint, between 2014 and 2016, the West Virginia Attorney General's Office received complaints from eight consumers regarding the defendants' log splitters that they had purchased online.
The suit says consumers complained that the log splitters malfunctioned shortly after customers began using them and the defendants failed to repair or refused to refund the customers' payments.
The plaintiff alleges New River Firewood, Power Trust Equipment, James Sowder; Cynthia Sowder and Zimmerman sold to consumers the gas-powered log splitters that failed to operate properly in normal usage for a reasonable period of time.
The state of West Virginia seeks trial by jury, a civil penalty of $5,000 for each violation, costs of investigation, litigation and all further just and proper relief. The state is represented by assistant attorney general Michael M. Morrison of the state Consumer Protection Division in Charleston.
Kanawha Circuit Court case number 18-C-994
