Woman says C&O Motors breached its contract with her

By Kyla Asbury | Jun 13, 2013

CHARLESTON - A woman is suing C&O Motors Inc. for allegedly breaching its contract with her and caused her damages.

Henry Morris and two unknown men were also named as defendants in the suit.

On April 26, 2012, Barbara Simpson took her 1999 Cadillac Seville to C&O for repairs, according to a complaint filed May 23 in Kanawha Circuit Court.

Simpson claims the defendants failed to perform the work it set forth to fix in a workmanlike fashion and in accordance with local standards, which was a breach of contract.

The defendants presented themselves to Simpson and to the public as experts in repair of motor vehicles, including being experts in relation to repair if Simpson's Cadillac, according to the suit.

Simpson claims the defendants claimed her vehicle would be "as good as new" if she would allow them to perform work/repairs and pay $8,387.56 for the work/repairs.

When Simpson's vehicle was returned to her, the defendants had negligently worked on the Cadillac and caused its engine to be blown/damaged, which diminished the value of the work and lowering the value of the Cadillac, according to the suit.

Simpson claims she did not need all and/or some of the work and service the defendant provided to have her Cadillac be in good repair/running condition and such actions constitute fraud.

When the defendants returned Simpson's Cadillac to her, it was not in good repair, nor was it in running condition, according to the suit.

Simpson is seeking compensatory damages with pre- and post-judgment interest. She is being represented by N. Edward Eagloski of the Eagloski Law Firm.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 13-C-1015

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