Man says Diversified Services breached agreement

By Kyla Asbury | Mar 14, 2013

CHARLESTON – A man is suing Diversified Services, LLC, after he claims it breached its transportation agreement with him.

On June 10, Michael J. Toler and Diversified entered into a transportation agreement whereby Toler leased certain motor vehicle equipment for a term of 36 months and the defendant promised and agreed to pay Toler certain sums for the lease, according to a complaint filed March 7 in Kanawha Circuit Court.

Toler claims the defendant wrongfully and intentionally breached the agreement by failing to perform its obligations under the agreement.

The defendant failed and refused to pay to Toler the lease payments due and owing to him under the agreement in the amount of $3,992.80, according to the suit.

Toler claims the defendant also failed and refused to pay him lease downtime payments in the amount of $7,700.

The defendant also removed equipment and fixtures from the vehicle that were owned by Toler and failed and refused to return the equipment in an amount no less than $5,000, according to the suit.

Toler claims the defendant owes consulting fees and expenses for consulting services rendered by him to the defendant in an amount no less than $21,000.

Diversified Services actions caused Toler to suffer damages and were in violation of federal regulation, according to the suit.

Toler is seeking compensatory damages with interest. He is being represented by C. Page Hamrick III.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 13-C-461

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