Couple blames machine shop after truck engine fails

CHARLESTON -- A couple is suing after their truck's engine head cracked after work was done on the vehicle.

Justin and Holly Marks filed a lawsuit July 17 in Kanawha Circuit Court against Givens Machine Shop, Robert A. Givens and Janie Faye Givens Aleshire, as officers of the company, citing breach of contract, breach of liability of merchantability, breach of implied warranty, strict liability, alter ego and conversion.

The couple bought a used 2009 Ford F-250 in December 2011 and soon discovered it wasn't working properly. Justin Marks, a diesel mechanic, disassembled and inspected the engine and found it needed work.

In 2012, the engine was delivered to Givens Machine Shop for the work to be done. The couple picked up the engine in September 2012 and paid $2,226 for the work, according to the complaint.

The family was travelling on a vacation in August 2013 when the engine failed, the complaint states. The couple then had to spend more than $22,000 to repair the truck.

The Marks are suing for $2,226 to refund them for work done, additional monies spent to repair the truck after the engine went out, pre- and post-judgment interest and court costs.

They are represented by William C. Forbes of the Forbes Law Offices PLLC of Charleston. The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court Case 14-C-1276