Kevin's Autobody sues attorney for failure to pay for repairs

By Kyla Asbury | Feb 23, 2012

WINFIELD – Kevin's Autobody is suing an attorney who failed and refused to pay for repairs done to his vehicle.

On Nov. 11, 2011 Anthony F. Serreno's vehicle was damaged and he sought coverage from Safeco Insurance Company and the insurance company allowed Serreno to choose the place of repairs and tendered a check to him in the amount of $6,247.45, according to a complaint filed Jan. 18 in Putnam Circuit Court.

Kevin's Autobody claims Serreno came to the repair shot and entered into a contract for repair of the vehicle for the sum of $6,247.45.

As a result of the contract being made, Kevin's Autobody repaired the vehicle in accordance with the defendant's Safeco estimate and contract, according to the suit.

Kevin's Autobody claims on Dec. 23, 2011, it completed repairs on the vehicle and contacted Serreno.

On Dec. 26, 2011, Serreno came to Kevin's Autobody to pick up the vehicle, but told Kevin Gillispie that he had forgotten to bring the check that Safeco had given to him, according to the suit.

Kevin's Autobody claims Serreno promised to drop off the check the next day, but failed to do so.

Serreno then advised Kevin's Autobody that he had cashed the Safeco Insurance Company check and that he was robbed of the cash in an event that occurred in his driveway and as a result, could not pay for the vehicle repairs, according to the suit.

Kevin's Autobody claims Serreno did not report the alleged robbery to any law enforcement authorities.

"It is further believed that the incident of the alleged robbery is a fabrication of the defendant in order not to tender the Safeco check or its proceeds to the plaintiff," the complaint states.

Kevin's Autobody is seeking compensatory and punitive damages with pre- and post-judgment interest. It is being represented by N. Edward Eagloski.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 12-C-15

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