CHARLESTON — MP Tech says a rental company failed to provide a working rental tractor and refused to provide a refund for the non-functional vehicle.
David Turner, who is doing business as D&G Rents, and Utiliman Utility Contracts were both named as defendants in the suit.
MP Tech claims it entered into a contract with the defendants to rent a Vermeer RTX1250 Tractor, 750 truck and a trailer for two months for $37,500 for $37,500, according to a complaint filed in Kanawha Circuit Court.
As part of the contract, the plaintiff was responsible for picking up the tractor in Georgia and transporting it to a worksite in Iowa, according to the suit.
MP Tech claims prior to payment being sent for the rental, the defendants sent a video of the tractor in operation and made several representations about the machine's capabilities.
The defendant refused to provide a written rental agreement but provided an invoice that included the balance due to terms and conditions, including a $2,500 damage deposit.
MP Tech claims once it received the tractor it recognized it was not operational or fit to plow and the tractor was broken before the plaintiff ever used it. It claims several bolts fell off when the engine started and it was missing parts.
The plaintiff requested a new tractor and the defendant schemed and lied to the plaintiff to ensure the tractor was returned to Georgia and then did not provide the plaintiff with another tractor, according to the suit.
The defendants also refused to provide a refund and failed to return all calls from the plaintiff, according to the suit.
MP Tech is seeking compensatory and punitive damages. It is represented by Mark Plans of Plants Law in South Charleston.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 23-C-941
