Tracie Powell and Ethan Powell-Leach filed their complaint in Kanawha Circuit Court against Ultimate Shine Opco LLC doing business as Ultimate Shine Car Wash. Ethan Powell-Leach is Tracie Powell’s son.
According to the complaint, Ethan Powell-Leach was driving a 2015 Infiniti Q40 on July 2, 2023, when he took it to the company’s Charleston location at 5770 MacCorkle Avenue. He was a subscribing member of the company’s monthly car wash program.
Cary
| Courtesy photo
“After going through the car wash, plaintiff noticed immediately that the driver’s side mirror was knocked out completely by the wraparound brushes that target the side of the vehicle,” the complaint states. “Plaintiff also noticed that there were substantial scratches under the driver’s side back window, which was spotless prior to going through the car wash.”
The next month, he took the vehicle to the company’s other location at 995 Dunbar Village Plaza in Dunbar and had more issues.
“Plaintiff’s driver side mirror was knocked forward, opposite of the way it is manufactured to fold, by the wraparound brushes referenced above,” the complaint states. “In addition, the driver’s side front bumper and headlight were misaligned after machinery used in the car wash ultimately hit, and ruined said area of the car.”
The plaintiffs accuse the defendant of unlawful sales practices in violation of state consumer protection laws, breach of implied warranties and negligence.
They seek compensatory damages, attorney fees, court costs and other relief.
The plaintiffs are being represented by Michael M. Cary of Cary Law Office in Charleston. The case has been assigned to Circuit Judge Kenneth Ballard.
Kanawha Circuit Court case number 24-C-513
