WEST VIRGINIA RECORD

CHARLESTON -- A man is suing Turnpike Ford for negligence in performance of service and warranty repairs.

Harold W. Whaples purchased a 2003 Ford F550 Super Duty truck from Turnpike Ford, Inc. on March 26, 2005, for $50,198.95, according to a complaint filed Oct. 19 in Kanawha Circuit Court.

Whaples claims on Oct. 25, 2007, he was returning from a service visit at Turnpike Ford when he encountered difficulties with the truck.

Turnpike Ford was negligent in performance of service and warranty repairs because of a secondary fuel filter or other fuel containing device began to leak, found an ignition source and caused a fire, which consumed the entire vehicle, according to the suit.

Whaples claims the vehicle was a total loss because of the fire and following the submission of a claim for total loss of his property through his insurance carrier, he received an actual cash value settlement for the truck.

Turnpike Ford paid a portion of the damages paid by Erie Insurance Group, but did not reimburse them for the entire portion, Whaples claims.

Whaples is suing for compensatory damages to fairly compensate him for his losses. Anthony M. Salvatore is representing him.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 09-C-1950