BECKLEY – A man is sing Bailey's Auto Repair Inc. and one of its employees for damages done to his classic car.
In October 2013, M. Scott Johnson purchased a 1965 Ford Thunderbird from the Grady Whitlock estate in Raleigh County and had the car delivered to Bailey's for minor repairs and was assured the vehicle would be left inside the premises and out of the elements due to the nature of the vehicle as a classic car, according to a complaint filed Feb. 26 in Raleigh Circuit Court.
Johnson claims despite these assurances, the vehicle was left outside and was exposed to extreme snowfall and Justin Beckett, a Bailey's employee, used a snow shovel and/or a broom to clear the snow off the vehicle, resulting in scratches to the paint of the vehicle.
The exposure to the elements resulted in water damage to the interior of the vehicle and the trunk, according to the suit.
Johnson claims the defendants breached their contract with him, which caused him economic loss, depreciated value, annoyance, inconvenience and other damages.
The defendants committed fraud by misrepresentation by failing to inform Johnson that his vehicle was being left outside to the winter weather elements, according to the suit.
Johnson claims Bailey's was negligent by allowing Beckett to clean the car off with a broom and/or a shovel.
Johnson is seeking compensatory and punitive damages. He is being represented by Michael T. Clifford and Richelle K. Garlow.
The case is assigned to Circuit Judge Robert Burnside Jr.
Raleigh Circuit Court case number: 15-C-142