Uncle Tony's named in property damage suit

HUNTINGTON -- The MacDonald Companies, Inc. is suing Uncle Tony's Lube & Auto Care Express for allowing one of its drivers to cause property damages.

Eric Bowes, an employee of Uncle Tony's, was also named as a defendant in the suit.

Adams Landing Apartments has an insurance policy with MacDonald which provides insurance coverage for property damage, according to a complaint filed Feb. 24 in Cabell Circuit Court.

The plaintiff claims on Oct. 9, 2010, while permissibly operating a tow truck owned by Uncle Tony's, Bowes negligently backed the truck into a street light and pole in the parking lot of Adams Landing Apartments, causing property damage to the street light and pole.

At the time of the accident, Bowes was operating the vehicle without a valid driver's license, according to the suit.

The MacDonalds Companies claims Uncle Tony's negligently entrusted its tow truck to Bowes, who was reckless in the operation of the vehicle and was operating the vehicle while not legally licensed to operate a vehicle.

The defendants violated West Virginia law, according to the suit, and in doing so, caused Adams Landing Apartments property damages.

The MacDonald Companies is seeking judgment in the amount of $2,766.26 with interest. It is being represented by George J. Joseph and Jordan K. Herrick.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 12-C-121