BECKLEY – A Raleigh company is suing an equipment provider, alleging the purchase of defective machinery.
Dean Paving Company Inc. filed a lawsuit in Raleigh Circuit Court against Rish Equipment Company of Bluefield, and VT LeeBoy Inc. of Lincolnton, N.C., alleging knowingly selling defective equipment.
According to the complaint, in January the defendants invited Dean Paving to discuss purchase of an 8616 LeeBoy paver. The suit says warranties and representations were made in regard to the working condition of the machine and fixing if repairs were necessary. The plaintiff purchased the paver, and it became clear upon first use the machine was defective, the suit says.
The lawsuit states the plaintiff requested a refund for 141,400, plus sales tax, and the defendants refused. As a direct result, the plaintiff says it suffered down time without pay in an amount exceeding $10,000, as well as attorney fees and costs.
The plaintiff alleges fraudulent claims, breach of contract, warranty and express representation.
Dean Paving Company seeks the return of purchase money plus interest, attorney and court costs, as well as any other financial restitution the court sees fit. It is represented by attorney Thomas K. Fast of Fast Law Office in Fayetteville, WV. The case has been assigned to Circuit Judge Judge H. L. Kirkpatrick III.
Raleigh Circuit Court case number 15-C-753.