WINFIELD -- A couple claims a Cabell County company sold them a worthless motor bike.
Charles D. and Denise Williams filed the lawsuit June 19 in Putnam Circuit Court against Terminator Sports Auto and Recreation Sales LLC.
On Nov. 23, 2005, Denise Williams bought a 90 cc x-6 motor bike for $600 plus $36 sales tax. The couple says Terminator said the bike was free of all defects.
The Williams' say otherwise.
They claim they returned the bike to Terminator numerous times for repair. Each time, they say, Terminator told them the bike was fixed.
But "it failed to operate properly in that it would not start nor run," they say in the complaint, filed by attorney Robert M. Williams.
On Feb. 1, 2006, Charles Williams returned the bike again to Terminator.
He "was verbally confronted and harassed by the owner and/or employee … and was told to leave the premises and to never bring the motor bike back," the complaint states.
In addition to emotional harm Charles Williams says he suffered from that incident, the couple say they both suffered aggravation, annoyance and inconvenience. They also say the actions of Terminator were willful, wanton and malicious and "constitutes a tort of outrage."
The couple seeks compensatory damages for the cost of the bike, pre- and post-judgment interest, damages for failed repair attempts, punitive damages, court costs, attorney fees and other relief.
They request a jury trial. Circuit Judge O.C. "Hobby" Spaulding has been assigned to the case.
Putnam Circuit Court case number: 06-C-211