MORGANTOWN -- Following a lawsuit by a Preston County couple, Shell Oil Company, Pennzoil-Quaker State Company, Sopus Products, Dolgen Corp Inc. and Dollar General Corporation are seeking a removal to the United States District Court for the Northern District of West Virginia.
John and Gertrude Miller filed their complaint with the help of James Villanova and Michael Metro of the Pittsburgh firm of Villanova Law Offices on June 2 following an accident involving a defective "Fix-A-Flat" product.
The Millers believe that Shell Oil and Pennzoil-Quaker State Companies are liable because they manufactured a defective product; are negligent because they permitted the product to be sold; have breached their warranties as it read that Fix-A-Flat was "merchantable and fit for the purpose" for which it was intended; and are grossly negligent and displayed reckless conduct because they permitted the product to be sold.
The Millers also allege that Dollar General Corporation is liable because it sold the defective product; have breached its warranty because the product was not safe; and negligent because it permitted the product to be sold.
The Millers were seeking a trial by jury to award punitive damages for wrongful injury, criminal indifference, and negligence; and compensatory damages for permanent bodily injuries to John as well as medical expenses, diminution in his abilities, and loss of income, the capacity to care for himself, ability to enjoy a normal life, and earning capacity as well as Gertrude's permanent loss of consortium, society, and services of her husband.
Shell Oil Company, Pennzoil-Quaker State Company, Sopus Products, Dolgen Corp Inc. and Dollar General Corporation are seeking a removal because of the diversity of citizenship and the amount in controversy.
Also, the defendants believe that the amount in controversy will almost certainly exceed the $75,000 jurisdictional limit.