WEST VIRGINIA RECORD

PRINCETON — A Mercer County woman filed a lawsuit against a towing company for alleged false and deceptive business practices.

Nancy Edge Lively, of Princeton, sued Beverage’s Towing & Transport, headquartered in Beaver and doing business in Shady Spring, on March 25 in Mercer Circuit Court over a 2014 dispute.

Lively was traveling on Route 19 near Ghent in Raleigh County on June 17, 2014. When she swerved to avoid an object in the roadway, she ran over some large rocks that damaged her car’s tires and wheels.

The plaintiff contacted the defendant, who agreed to tow her car for $150. Lively rode with the tow truck  driver to her home in Princeton. When she attempted to write a check, the tow truck driver insisted on cash, according to the complaint.

Lively agreed, but needed to get cash from another party. The suit states that after she went to obtain the funds and came back, her car and the tow truck were gone. She contacted the defendant, who allegedly told her it would now cost her $450, plus a daily storage fee.

The plaintiff contacted her lawyer to negotiate with the company, but the attorney was allegedly met with resistance and a refusal to release the vehicle. According to the complaint, the defendant issued a letter on Oct 21, 2014 refusing a check yet again.

As of the filing date, the tow company had not released the plaintiff’s vehicle and continued to charge a daily storage fee. The suit contends that the company’s advertising falsely specified that they accepted checks.

Also citing negligence and fraud, the plaintiff maintains that the episode has caused her embarrassment and depression. She seeks the return of her car, damages, attorneys’ fees and costs.

Lively is represented by Kenneth Chittum of Bluefield. The case has been assigned to Judge Omar J. Aboulhosn.

Mercer Circuit Court case number: 15-C-108-OA