Hancock Co. lawsuit alleging riding mower blew up settled

By John O'Brien | Aug 27, 2013

WEIRTON – A New Cumberland woman has settled her claim that the tractor she purchased in 2009 first did not work properly then blew up after repairs were attempted.

Cynthia L. Jividen filed her lawsuit in January in Hancock County Circuit Court against Vernon Dell Tractor Sales Company and The Toro Company. It was settled two months later for a confidential amount.

The dismissal order was signed by Hancock Circuit Judge Ronald Wilson.

The lawsuit, filed by David A. Jividen of Jividen Law Offices in Wheeling, said Cynthia Jividen entered into a purchase agreement on April 11, 2009, with Vernon Dell Tractor for a new Toro Garden Tractor – Model GT2200.

Jividen realized after the tractor was delivered to her that it was not working properly, the lawsuit says. She reported the problems to Vernon Dell Tractor.

On Sept. 1, 2011, the company picked up the tractor and took it in for repairs, she says. Vernon Dell Tractor kept the tractor until July 2012, she says.

“Upon return of the Toro Garden Tractor, Defendant Vernon Dell Tractor gave no explanation of the problem(s) or the repair(s) performed,” the lawsuit says.

“The first time the Plaintiff, Cynthia Jividen, attempted to use the Toro Garden Tractor, after the aforementioned repairs by defendant Vernon Dell Tractor, the tractor blew up, caught fire and was destroyed by fire.”

Her lawsuit made claims for breach of contract, breach of the duty of good faith and fair dealing, breach of express warranty, breach of implied warranties and negligence.

She sought damages for the cost of the tractor, annoyance and inconvenience, mental and emotional distress, loss of use, frustration and agitation and economic loss. She also sought punitive damages.

From the West Virginia Record: Reach John O’Brien at jobrienwv@gmail.com.

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