Cabell delivery company sues over repossession of two trucks

By Drew Smith | Dec 15, 2005

HUNTINGTON – Yesterday Delivery Service, an expedite freight carrier in Cabell County, is suing an International Truck dealer over the repossession of two International trucks.

In a lawsuit filed Dec. 6 in the Cabell Circuit Court, Yesterday Delivery Service alleges that Mountain International Trucks, Inc., unlawfully repossessed two 2005 International 9400 trucks that had been leased to Yesterday in February 2004.

As a result, the suit claims Yesterday Delivery Service is unable to carry on its business without the use of the trucks and is seeking money damages of $86,122.70, compensation for loss of profits and repossession of the vehicles.

The suit also alleges that Mountain International's maintenance and repair of a 2000 International Rollback Flatbed truck was defective because the parts failed within 24 hours and less than 100 miles after installation.

Yesterday Delivery Service says Mountain International either failed to perform or performed the work in "a negligent or un-workman-like manner."

The case has been assigned to Judge John L. Cummings.

Cabell Circuit Court case number: 05-C-1039

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